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1977 02 24 CC Minutes6172 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN February 24, 1977 The City Council of the City of Baytown, Texas, met in regular sessoin, Thursday, February 24, 1977, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Absent: Mayor was offered Church. Jack Kimmons Ted Kloesel Mary E. Wilbanks Emmett Hutto Allen Cannon Tom Gentry Fritz Lanham Neel Richardson Eileen P. Hall Dan Savage Jdoy Lander Councilman Councilman Councilwoman Councilman Councilman Mayor City Manager City Attorney City Clerk Assistant City Manager Councilman Gentry called the meeting to order and the invocation by Dr. Edward Thiele, Pastor of Memorial Baptist Approve Minutes Councilman Kloesel mov lar meeting of February 10, sions of February 16, 1977, cerning each of the matters Councilman Kimmons seconded Ayes: Council members ad to approve the minutes of the regu- 1977, and the minutes of the work ses- and ratifications of actions taken con - listed on the agendas of said meetings. the motion. The vote follows: Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Receive Petitions None Presented. City Manager's Report Several weeks ago, the City Council approved the plans and specifications which were prepared by the City of Baytown Engi- neering Department regarding 1976 Community Developemnt Projects. These plans and specifications have been forwarded to the County Engineer. Since approval has been received from the County Engi- neer, the Administration will advertise to receive bids on March 29. Congress passed new revenue sharing legislation several months ago. The Administration has been advised of a tentative figure of $408,000.00 for the nine -month entitlement period that the City is now uner. According to the new legislation, two public hearings are required, one to be held by the Chief Execu- tive and the other by the City Council. Mr. Lanham proposed that the Administration will develop recommendations for the City Coun- cil. Afterwhich time, the Council must hold a hearing. Under the old legislature, a hearing was not specifically required. It simply said that the revenue sharing funds must be handled in the same manner as the budgets; therefore, in Texas, most cities hold these hearings since they were required to hold hearings on their budgets. In other states, this has not been the case; therefore, Congress 6173 Minutes of the Regular Meeting - February 24, 1977 legislation the requirements for public hearings. Notice must be given as a prerequisite to both hearings. On the Bob Smith Road Storm Sewer Project, about 2200 feet of pipe is in place which completes about one -half of the footage that is to be installed. The larger pipe has been installed so the project is more than fifty (50 %) per cent complete. The contractor has surfaced Hunnicutt Street and the only thing remaining to be done is clean up. The asphalt is in place and the gravel is being applied to the Community Center Building roof so that project is nearing completion. On the sliplining work, 2100 feet of 12 -inch and 1600 feet of 6 -inch liner on Bob Smith has been installed and the services tied in. The 620 feet of 5 -inch liner on Sheridan has been com- pleted, and the contractor is presently installing the 8 -inch liner on the Pearce Street sanitary sewer. City crews have been able to remedy the leak in the sani- tary sewer line on Adams Street, but the line has not been re- paired. Probably, a portion of this line will need to be slip - lined. A sewer line on Elm had been blocked, but a City crew cleared the blockage. Councilman Kloesel requested that the Council's Traffic Com- mittee consider designating a right -turn lane and a straight through lane on Massey Tompkins going west at the intersection of Massey Tompkins and North Main. Receive Financial Audit for 1975 -76 Fiscal Year Mr. Edgar Hullum with the firm of Gerace, Hullum, McQueen, and Company presented Council with copies of the 1975 -76 Fiscal Year Audit. He pointed out that on Page 3 of the report, Council would find Unappropriated Surplus listed as follows: General Fund $408.824.77 Water Fund $217,022.65 General Interest $ $ 24,030.46 Sinking Fund Waterworks Interest $394,118.99 $ Sinking Fund The large amount in Waterworks Interest and Sinking Fund is the amount required by bond ordinance to be set aside to meet the next year and one -half ensuing interest payments. Mr Hullum pointed out with inflation being what it was that the City had done its best to hold down costs. In response to Mr. Hullum's statement that he would be happy to answer any questions Council might have now or come back at a later date, Mayor Gentry said that Council would look over the material and call on Mr. Hullum in the future should there be any questions. Councilman Kloesel did have one question regarding whether BAWA's financial standing would be included in the audit report of the City of Baytown. Mr. Hullum explained that BAWA would probably have its own audit and that the only thing that would be reflected in the City of Baytown's audit regarding BAWA would be the obligation that the City has to purchase from BAWA. 6174 Minutes of the Regular Meeting - February 24, 1977 The law that established BAWA requires that there must be an audit; however, at this point, BAWA has no funds. Council- man Kloesel indicated that he would like to see the City of Bay- town audit and the BAWA audit tied together. Mayor Gentry said that the Council could speak with the BAWA Board should Council desire that the same auditing firm handle both audits. Mr. Lan- ham, General Manager of BAWA, said that he could see no problem in that regard. Councilman Cannon asked how the $408,000.00 unappropriated surplus in the general fund compared to what the budget was based upon. Included in the budget was an estimated general fund surplus of $246,104.00. In the water and sewer funds, how- ever, we did not reach our estimated surplus. Council had no further questions or comments. Mayor Gentry appointed an audit committee to select the auditing firm for the 1976 -77 fiscal year. Councilman Cannon, Kimmons, and Hutto were appointed to this committee, with Councilman Cannon being ap- pointed Chairman. Ordinance - Repealing Chapter 18, "Motor Vehicles and Traffic," and Substituting New Provisions The proposed change has been studied by the Council's Traf- fic Committee who have recommended approval. Three major changes are involved: 1. Elimination of duplications between the City's Traffic Code and the State law. 2. Assigning the responsibilities for traffic control de- vices to the Director of Planning and Traffic. The pre- sent code assigns this responsibility to the Chief of Police. 3. Deleting from the code itself the lists of streets and intersections where there are traffic control devices. These installations or removals will still be approved by Council, but the changes will be made on the lists that will be on file in the City Clerk's office, the of- fice of the Director of Planning and Traffic and the Po- lice Department. The present traffic portion of the code covers 60 pages and the proposed traffic code will cover about 15 pages. The money is in the budget to get additional copies of the code and the Admin- istration would like to get this change made prior to ordering reprints. The Administration recommended approval of the ordinance. Councilman Cannon moved to adopt the ordinance; Councilwoman Wilbanks seconded the motion. Councilman Hutto stated that there were several things that he personally disagreed with in the proposed ordinance. For in- stance, Section 18 -10 (k) was unrealistic in setting the amount of $50.00 for damages because this would promote having too many officers at the scene of an accident. He felt that an accident where the damage was no more than $50.00 should be reported, but should not require investigation by an offcer. Mayor Gentry suggested that Council contact the Administra- tion regarding any revisions to the traffic code that Council de- sired. Councilman Kloesel said the revision was quite lengthy, and he felt that Council should have more time to study it. Coun- cilman Kloesel moved to table the motion until the next Council meeting; Councilman Hutto seconded the motion. The vote follows: 6175 Minutes of the Regular Meeting - February 24, 1977 Ayes: Council members Kloesel, Hutto, Wilbanks, and Cannon Nays: Councilman Kimmons Mayor Gentry Council asked that all suggested revisions go to the Council's Traffic Committee for consideration prior to Council consideration. Public Hearing - Annexation of Chaparral Village, Section Nos. 4 $ 5 Mayor Gentry declared the public hearing to be in session and asked that anyone desiring to testify at this hearing or the hear- ing to be held at 7:15 p.m. to please sign the register located on a table in the hall at the back of the Council Chamber. Mr. Lanham explained that the developer of Chaparral Village, Sections 4 and 5, Mr. Leroy Walker, has plans to develop section 4 into 135 lots and Section 5 into 28 lots for a total of 163 lots. He must develop these lots in accordance with the City's subdivision regulations. This annexation is consistent with the annexation policy of the City in recent years to annex as growth occurs. Mayor Gentry explained that no one had indicated a desire to testify. He asked if there were any questions or comments from Council. In response to the questions from Council, Mr. Lanham said that the City's present water and sewer facilities would handle this new area and that the developer would have to meet all require- ments of the City since the property would be located within the City. There were no further questions or comments; therefore, the Mayor declared the hearing closed. Ordinance - Appropriating Funds from Account No. 99, Unappropriated Surplus, to Revenue Sharine Account No. 7650 -9 -1 Council has approved the contract for the reroofing of the Community Building and the contract has been awarded. The contract is for $26,605.00. There are some funds in the annual budget, but $23,600.00 needs to be appropriated from Unappropriated Revenue Sharing. The Administration recommended approval of the ordinance. Councilman Kimmons moved for the adoption of the ordinance; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2179 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE TWENTY -THREE THOUSAND SIX HUNDRED AND N01100 ($23,600.00) DOLLARS FROM THE UNAP- PROPRIATED SURPLUS OF REVENUE SHARE FUNDS, ACCOUNT NO. 99, TO ALTERATIONS AND /OR ADDITIONS TO COMMUNITY CENTER BUILDING, ACCOUNT NO. 7650 -9 -1, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Agreement to Provide Fire Fighting and Fire Protection Services to Unincorporated Areas of Harris County This contract is exactly the same as last year with the ex- ception that the amount has been increased from $3,397.00 to $4,285.00. The Administration recommended approval of the contract and suggested 6176 Minutes of the Regular Meeting - February 24, 1977 that the same letter be sent which stated that one driver and one piece of equipment would be dispatched and the volunteers would be notified in order to insure that the citizens of Baytown are adequately protected. During the last calendar year, 115 calls were made to unincorporated areas. The Administration recommended approval of the ordinance and cover letter. Councilman Kloesel moved to accept the recommendation; Coun- cilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2180 A 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 WITH REGARD TO PROVIDING FIRE FIGHTING AND FIRE PROTECTION SERVICES TO UNINCOR- PORATED AREAS OF HARRIS COUNTY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Councilman Cannon suggested that next year the City should try to obtain more funding fr6m the County because at $30.00 a haul the City was losing money. Mr. Lanham explained that the time to do that would be when the County is formulating their budget. Councilman Kloesel suggested that to increase the County's budget would mean an increase in taxes; therefore, he suggested that perhaps an arrangment could be made for a mutual exchange of services and training facilities. Public Hearing - Request of Entex Inc to Revise the Rates for Gas Service and to Effect Cost of Service Adjustments and Fuel Cost Adjustments Mayor Gentry declared the hearing on the request of Entex, Inc. for revision in rates to be in session and allowed time for individuals desiring to do so to register to testify at the hear- ing. Mayor Gentry then explained that the hearing would be held pursuant to Article 1446c, V. T. C. S., the Public Utility Regu- latory Act, to determine the propriety of a change in rates for natural gas. By letter dated December 27, 1976, Entex, Inc. filed with the City a "Statement of Intent to Change Rates" attaching thereto proposed rate schedules. Basically, the new schedules in- crease the minimum monthly residential bill from $2.00 to $4.00 and the minimum monthly commercial bill from $2.25 to $4.50. In the letter request was also contained a cost of service provision. Subsequestly, at its regular meeting on January 27, 1977, Council formally suspended the operation of the proposed rate sche- dules and set this public hearing. Notice of the hearing has been published in the paper that Entex, Inc. has been notified of the hearing; and representatives of Entex are present. At this point, Mayor Gentry introduced a publisher's affidavit relating to this nature which was handed to the City Clerk to be filed with the official records of the City. Mayor Gentry explained further that the precedure to be fol- lowed would be that representatives of Entex would present testi- mony to support the requested rate increase. Then other interested parties would be allowed to testify. Anyone wishing to testify should have signed the register mentioned previously and those in- dividuals will be allowed to testify in the order the names appear on the register. Mayor Gentry then asked that all those desiring 6177 Minutes of the Regular Meeting - February 24, 1977 to testify to stand and he administered the oath. Mayor Gentry then explained that after each witness had testified, members of Council or other interested persons could ask questions of that particular witness concerning his testimony. Council would be permitted to ask questions first. After Council had completed their questioning, other persons having questions would be recog- nized. After all who wished to speak had been heard, Council would recess the hearing to take the request under advisement. Mayor Gentry advised representatives of Entex that the hearing was subject to being reconvened by Council after proper notice, and that Entex could be required to furnish additional informa- tion deemed necessary by Council or its duly authorized represen- tative. Mayor Gentry asked Mr. Richard L. DeSalme, Bayporte District Manager, to present the Entex case. Mr. DeSalme introduced Mr. Howard Bell, Vice President and General Manager of the Texas Coast Division and Mr. Tommy Tyson, one of Entex's rate attorneys, who were present to assist Mr. DeSalme with the Entex presentation. Mr. DeSalme reiterated what Mayor Gentry had stated previously that on Decemebr 27, 1976, Entex had filed a Statement of Intent to Change Rates. The change would result in an increase in the mini- mum monthly residential bill from $2.00 to $4.00 and the minimum commercial bill from $2.25 to $4.50. A Statement of Intent to Change Rates had also been filed with 41 other cities, and in each instance the purpose was to increase the first step of gas consumed and to change the minimum bill for residential customers to a uni- form $4.00 per month and for commercial customers to $4.50. All other steps would remain the same. If this new rate schedule is adopted by City Council, the effective date would be for all bills rendered on and after May 1, 1977. Also, included in this rate schedule is a cost of service adjustment clause which will be im- plemented on May 1, 1978. This cost of service adjustment will be adjusted on a yearly basis and is designed only to recover the in- crease in operating costs for one year over the prior year. The full control regarding this cost of service adjustment is with Coun- cil. On or before March 15 each year beginning in 1978, Entex would submit information relating to the method and calculation of the cost of service adjustment to Council. Once this information is submitted, Council will have 30 days in which to act. During this 30 -day period, Council may require additional information. Mr. DeSalme pointed out that this cost of service adjustment was not a new concept for Entex. Since 1974 the East Texas, South Texas, and Beaumont Divisions of Entex have had cost of service adjustments. Council has been given information reflecting what the cost of service adjustment per customer for each division represents. For 1977, the adjustments are as follows: East Texas Division $.26 per month South Texas Division $.12 per month Beaumont Division $.32 per month In the information submitted to Council $.57 was incorrectly reported as the cost of service adjustment for the Beaumont Division. The Texas Coast Division produced $32,548,000.00 in revenue; total opera- tional revenue deduction equalled $30,331,000.00; income tax charges $776,000.00 leaving a net income of $1,450,000.00 for the Texas Coast Division. Figuring the adjusted value of the - invested capital, $35,000,280.00 and applying to net income gave the Texas Coast Division a rate of return of 4.11% which is well below the 8% allowed by law. The additional revenue which will be generated by this increase will amount to $990,000.00 net. By adding this to the $1,450,000.00, a new net income figure of $2,440,000.00 would be produced for a 6.9% rate of return. 6178 Minutes of the Regular Meeting - February 24, 1977 Mr. DeSalme read Section 41 of the Texas Public Utility Regu- latory Act which sets out the manner in which adjusted value of invested capital is to be determined and stated that this was the manner in which Entex reached the $35,000,280.00 figure. Regarding the effect that the increase will have on Baytown customers, Mr. DeSalme gave the following information: Baytown has 12,128 residential customers which will produce $315,000.00 in additional revenue; 952 small commercial customers which will produce $25,704.00 in additional revenue; 114 large volume customers which will produce $3,078.00 in additional reve- nues. A total of 14,198 customers will produce $343,854.00 ad- ditional revenues based on average consumption will equal an in- crease for Baytown customers of approximately 10 %. Prior to closing, Mr. DeSalme pointed out that neither Entex or Houston Natural Gas had requested an increase in rates since 1968. He said that he realized that the cost of gas had risen, but this was due to the cost at the well head and that Entex did not derive any additional net profits from these increases. En- tex's costs to operate have increased just as other companies costs to operate have increased. There are two types of expen- ditures-- capital expenditures and expense expenditures. Grouped within these expenditure catagories, there is the non - revenue capital expenditure which represents maintenance work for which no revenue is gained and has a direct bearing on the rate of re- turn. Mr. DeSalme concluded by saying that he felt Entex had provided Council with the information necessary to,make a decision on the request for a rate increase and asked for Council support in this matter. Mr. DeSalme explained in response to an inquiry from Coun- cil that the reason for the marked increase in per share earnings over last year was due to the fact that when Entex purchased Hous- ton Natural Gas the. purchase was financed by bonded indebtedness with no increase in common stock; therefore, 360,000 more customers produced an increase in per share earnings. To consummate trans- action between Entex and Houston Natural Gas, $25,000,000.00 in preferred stock at 94% was issued and long -term bonds were issued in the amount of $502000.000.00 at an effective rate of 9.1 %. In response to Councilman Cannon's request for the comparable figures through September 30, Mr. Bell explained that the figures through June 30, 1976 were figured on heating degree days for the test year June 30, 1975 through June 30, 1976. The heating degree days for that test year were 3 -4 days less than what would be used by the Railroad Commission to normalize for an average year. Coun- cilman Cannon suggested that perhaps Entex could take the calendar year of 1976 to obtain the rate of return and adjust for heating degree days. Mr. Bell said that Entex would be glad to furnish this information along with the weather adjustment, but he felt that Council would find by using the calendar year 1976 a decrease in rate of return. Council expressed concern that in this request Baytown was not being considered a part of the Houston rate structure and that perhaps Baytown would be subsidizing no rate increase in Houston. Entex representatives explained that this was not the case, Entex was simply trying to get its rate of return where it should be by requesting these adjustments. When Entex acquired Houston Natural Gas's holdings in Houston, an agreement was reached between Entex and the City of Houston that no increase would be requested for two years. The reason that Entex could make this agreement was due to the better rate of return in the Houston area. 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O �Y• ad O'd mmrt N mS a 0C'd mGHYm Wfl mF'm`Gm WY' Na M a'm i9a'w w o9 H a rt o 0 N a- W H d w rim H H C w Y H �-' 1 an d m m `< d C O Y• i 00 1 O a' a a H M rt rt rt pq Y' n m 3 c m m m S m xl 09 c •wi 3 m rt p 09 TJ C G H A V b 6180 Minutes of the Regular Meeting - February 24, 1977 Councilman Kloesel referred to Mr. Johnson's letter and said that he felt the quality of the effluent should not be downgraded, and pointed out that the resolution did not speak to that point. Mr. Lanham explained that the plan did provide for 20ppmBOD, 20ppm TSS because this was the requirement of the Texas Water Quality Board for effluent discharged at that point. The plant will be constructed so that if in future years, the Water Quality Board and EPA revised their requirements to 10 -15 content, the plant can be altered with the minimum amount of expense. At the present time there are certain areas that have target implementation dates set to up -grade quality. However, at this time there is no such date to improve quality of effluent going into the San Jacinto River below Lake Houston. The reason for this is that the Texas Water Quality Board wants to clean up the ship channel and then see what affect this will have on water in the San Jacinto River. Mayor Gentry read the letter of response from Congressman Eckhardt which indicated that the Congressman had been in touch with the EPA and would help in any way possible. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None RESOLUTION NO. 565 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADOPTING A FACILITY PLAN AND AN ENVIRONMENTAL ASSESSMENT TRICT PLANT FOR THE CITY FOR A WEST OF BAYTOWN. SEWER DIS- Award Bid - Installation of a Chain Link Fence and Removal of This is for new fencing at the Municipal Service Center. Seven bids were received as follows: BIDDER: UNIVERSAL FENCE HURRICANE FENCE �fA TH—ITY DESCRIPTION 63�Chain LinK Pence 4 Gates $5,554.00 $5,712.00 COMPLETION TIME: 30 days 30 days BIDDER: DEER PARK FENCE QUANTITY DESCRIPTION 60' Chain Limn F� Gates $6,419.32 ALLIED SUPPLIER $6,879.00 COMPLETION TIME: 30 days 30 days BIDDER: BELL FENCE CO. DEER FENCE $ CONST. QUANTITY DESCRIPTION chain LTnV_F_e_ri_ce_T Gates $7,726.26 $7,466.90 COMPLETION TIME: 30 days 30 days BIDDER: A -1 FENCE CO. THAD FENELON �iVI TITY DESCRIPTION hain Lin F'�ence & Gates $8,704.02 NO BID COMPLETION TIME: 30 days 1 6181 Minutes of the Regular Meeting - February 24, 1977 The low bid is from Universal Fence Company, Inc. for the amount of $5,554.00. The Administration recommended approval of the low bidder. Councilman Hutto moved for the adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF UNIVERSAL FENCE COMPANY, INC. FOR THE REMOVAL OR EXISTING FENCE AND THE INSTALLATION OF A CHAIN LINK FENCE AT THE MUNICIPAL SERVICE CENTER FOR THE SUM OF FIVE THOUSAND FIVE HUNDRED FIFTY -FOUR AND N01100 ($5,554.00) DOLLARS. Demolition and Removal of the Craigmont Sewage Treatment Plant Mr. Lanham changed the recommendation of the Administration from what was presented in the packet. Only two bids were received, one from A -All Electric Company of Baytown offering to pay $548.00 for the plant and another from Proler International Corporation of- fering to remove the plant for payment by the City of $1,500.00. Two blowers had been removed from the Craigmont Plant and were not included in the bids because the blowers had been removed to use at the West Main plant. It has been determined, however, that the blowers are not compatible with the equipment at the West Main plant. Therefore, the Administration would like to reject both bids and re- bid including the two blowers. At least three individuals have con- tacted the Administration since the opening to indicate an interest if the blowers were to be included. The Administration recommended to reject the bids received and readvertise. Council had no objection. Ordinance - Formally Accepting Dedication of the Quail Hollow Sub- division Drainage Easement The plat presented to the City shows this drainage easement as a dedicated easement to the Harris County Flood Control District. When this plat was first presented to the City in November, 1974, Bill Cornelius, Director of Planning, sent copies of the plat to the Flood Control District. Later in November, Mr. Cornelius re- ceived a letter from Mr. Couch with the Flood Control District re- questing a profile of the ditch so that he could make a judgment. Mr. Cornelius forwarded this information to Busch, Hutchison & As- sociates, Inc., the consultants for Mr. Branscome on this project. The next communication that the City received was a copy of the transmittal letter from the consulting engineers to the Flood Con- trol District reflecting that the information had been forwarded. At that particular time the construction of the ditch was underway. The flood control district wrote back stating that additional right of way would be required. The City was not aware of this corres- pondence. In April, 1976, the City of Baytown learned that the Flood Control District had asked for this additional right of way, and in June, 1976, the Flood Control District refused acceptance of the ditch because it did not.meet their standards. In September 1976, Mr. Branscome advised the City that he intended to install a 72 -inch metal pipe in the ditch. As a result of this communication from Mr. Branscome, the City wrote a letter approving a portion of Section I, but the storm sewer was not accepted. Minutes of the Regular Meeting - February 24, 1977 In the interim, Mr. Branscome learned that the cost to pipe the ditch would be $95,000.00 which he felt was excessive. Mr. Branscome met with members of the City staff 2 -3 weeks ago and several alternatives were discussed. The possibility of the ditch becoming the responsibility of the Country Club Civic Association was considered, but this was not the best course as far as the City was concerned. There would be a problem in that the storm sewer system that the City has the responsibility to maintain would drain into this ditch and the City would get any calls re- garding a problem. Therefore, it did not seem to be a good solution. In response to a question from Council, Mr. Lanham explained that the developer was unable to give the additional right of way requested by the County because some utilities had been installed at that point. Mr. Lanham also pointed out that the developer upon giving 60 feet of right of way and 16 feet easements on each side had proceeded with his plans because he felt that all County requirements were met. In the future to prevent this kind of thing from occurring again, all the preliminary plats will be forwarded to the County for approval and the City will request a copy of all correspondence. Mr. Branscome is asking that if he purchases the pipe which costs about $45,000.00, will the City install the pipe. The City's major expense would be manpower and equipment which is estimated to cost $14,000.00. There is no real precedent to handle this matter. The City did pipe a ditch in the Glen Arbor area which had been platted 20 -30 years ago. Since the County has refused to accept the ditch, the problem has become a City problem due to the fact the ditch will neces- arily have to be maintained and the City's storm sewers in that area run into this ditch. Councilman Kimmons moved for the adoption of the ordinance; Councilman Hutto seconded the motion. Councilman Cannon said that he felt Council would be setting a very dangerous precedent by participating in the development of this commercial property. Councilman Kloesel concurred and added that he felt by undertaking a project like this, the older sections of town would be neglected. Councilman Kimmons pointed out that the $14,000.00 that the City would expend now could save over $14,000.00 through the years since the maintenance of the ditch would be left to the City. Councilman Kloesel suggested that perhaps some agreement could be reached with the County, but Ken Powers, City Engineer, stated that he did not feel that the County would relent in this regard. The ditch is fifty feet wide and the County needs the additional right of way to move equipment into the area to work. Utilities have been installed in the exisitng easements and the County would be fearful of liability for damages. Councilman Kloesel said that he would like to talk with the County and moved to table the motion. The motion died for lack of a second. The vote on the original motion follows: Ayes: Council members Kimmons, Wilbanks, and Hutto Mayor Gentry Nays: Council members Kloesel and Cannon ORDINANCE NO. 2182 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A 20 FOOT DRAINAGE EASEMENT DEDICATION BY JOE AYLOR AND GENE BRANSCOME INVESTMENTS; DIRECTING THE CITY CLERK TO FILE SAID EASEMENT DEDICATION WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 6183 Minutes of the Regular Meeting - February 24, 1977 Resolution - Authorizing the City to Apply for Areawide Agency on Aging Grant Funds Currently, the Senior Citizen's Taxicab Program is being fi- nanced with revenue sharing funds. However, funds are available through the Harris County Areawide Agency on Aging for this type of service. The recommendation was that Council authorize the Administration to make application for these funds. If the appli- cation is approved, revenue sharing funds could be utilized in other areas. The City would need to match this funding in the amount of $1,200.00 which is available in General Fund Contingen- cies. The Administration recommended approval of the resolution. Councilwoman Wilbanks moved for the adoption of the ordinance; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None RESOLUTION NO. 566 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION TO THE AREA AGENCY ON AGING FOR GRANT FUNDS IN THE AMOUNT OF TEN THOUSAND EIGHT HUNDRED AND NO/ 100 ($10,800.00) DOLLARS FOR THE CITY OF BAYTOWN SENIOR CITIZENS' TAXICAB PROGRAM. BAWA - Sale of $1.2S Million in BAWA Revenue Bonds The BAWA Board has recommended that $1,250,000.00 in revenue bonds be sold to finance the purchase of land, soil tests, pre- liminary plans and specifications and professional fees. The recommendation of Mr. Masterson is that this sale take place at the same time as the City of Baytown's sale, April 14. What the Council would actually be authorizing is the preparation of the bond resolution which authorizes the sale. The Administration recommended approval of the recommendation of the BAWA Board. 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 Consider Closing of Durrain Ferry Road Councilman Kloesel requested that the closing of Durrain Ferry Road be moved to the next agenda. Mayor Gentry asked if Council had any objection. Councilman Cannon asked Councilman Kloesel what he had in mind since Durrain Ferry Road was closed at this time and the Council's Traffic Committee had not recom- mended opening the road to traffic. Councilman Kloesel replied that the road was only closed temporarily. Councilman Cannon explained that this was true but the Council's Traffic Committee had no plans to recommend that the road be opened to traffic any time in the near future. One feeder road will be opened to two - way traffic soon, but the Council's Traffic Committee will not consider the reopening of Durrain Ferry Road until feeder roads have been completed which will take approximately 18 months. Councilman Kloesel said that the road was closed temporarily due to construction and that he felt it was the intent of the resi- dents that the road be closed permanently. Councilman Cannon said that there was some question as to whether or not Durrain Ferry Road should be permanently closed from a traffic- control 6184 Minutes of the Regular Meeting - February 24, 1977 standpoint. At the request of Councilman Kloesel, this item will be placed on the next agenda. Reorganization of Council's Traffic Committee The Council's Traffic Committee has recommended that the structure of the Council's Traffic Committee be altered by in- cluding the City Engineer as Ex- Officio member and deleting the Chief Building Inspector from that position. Chief Building In- spector was included at the time the Committee was formed be- cause the responsibility for signal operations was in the Inspec- tion Department. The Department of Planning and Traffic now handles this function. The Administration felt that the City Engineer could make a contribution to the Committee and recom- mended that he be added as Ex- Officio Member and that the Chief Building Inspector be deleted. Councilman Kimmons moved to accept the Administration's re- commendation; Councilman Hutto seconded the motion. The vote follows: Ayes: Council Members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Reimburse Calquin, Inc. the Difference Between the Cost of a Six -Inch Water Line and a Ten -Inch Water Line This matter was discussed at a recent meeting. At that time, the Administration indicated that the developer would take bids on both a six -inch water line and a ten -inch water line. The six - inch line is what the developer had intended to install, but the City requested that a ten -inch line be installed for future use. There is a ten -inch line on the west end of Rollingbrook near Garth Road. The difference in costs based on the bids taken is $8,030.00. If,2,000 feet of ten -inch pipe were purchased and in- stalled by the City, the cost would be $13,870.00. If Council approves this reimbursement, the Administration will come back with an appropriation ordinance to cover this expenditure. Water bond funds from the 1975 Bond Program will be appropriated. Councilman Cannon moved to approved this reimbursement and to authorize the Administration to prepare the appropriation or- dinance; Councilman Kimmons seconded the motion. Following inspection and acceptance by the City, the developer will be reimbursed. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Committee Reports None. Unfinished Business Councilman Kloesel inquired what would tided not to accept the report from Houston Council were to decide this, HL$P would be rate case, the City Council would be forced ing and possibly retain a rate expert. happen if Lighting forced to to hold a 'Council de - $ Power. If present a public near- Minutes of the Regular Meeting - February 24, 1977 RPrP_SS 6185 Council recessed into executive session to discuss personnel matters. When the open session reconvened, Mr. Lanham requested to make, subject to Council approval, appointments to the Library Board as follows: Paul Edwards, Jean Rosenbaum, and E. C. Wood to be reappointed and Perry Smith to replace Jim Girardeau, who has completed three consecutive terms. Councilman Cannon moved to confirm these appointments; Coun- cilman Kimmons seconded the motion. The vote follows: Ayes: Council members Kimmons, Wilbanks, Hutto, and Cannon Mayor Gentry Nays: None Abstained: Councilman Kloesel Ad j ourn There being no further business to transact, Councilman Kimmons moved to adjourn; Councilman Hutto seconded the motion. The vote follows: Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto, and Hutto Mayor Gentry Nays: None ILEEN P. HALL, City Clerk