1977 04 14 CC Minutesi
6211
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 14, 1977
The City Council of the City of Baytown, Texas met in regu-
lar session Thursday, April 14, 1977, at 6:30 p.m. in the Council
Chamber of the Baytown City Hall. The following members were in
attendance:
Jody Lander
Jack Kimmons
Ted Kloesel
Mary E. Wilbanks
Emmett 0. Hutto
Allen Cannon
Tom Gentry
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
Fritz Lanham City Manager
Neel Richardson City Attorney
Eileen P. Hall City Clerk
Dan Savage Assistant City Manager
Mayor Gentry called the meeting to order, and the Reverand
J. P. O'Sullivan, Pastor of St. Joseph Catholic Church, offered
the invocation.
Approve Minutes
Councilman Hutto moved to approve the minutes of the regular
meeting of March 24 and the special meetings held March 29 and
April 11 and ratifications of action taken concerning each of the
matters listed on the agendas of said meetings. Councilman Lander
seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
Receive Petitions
None were presented.
City Manager's Report
Airport Grant - A letter was received from the Department of
Transportation Federal Administration advising the City that the
application for an airport planning grant had been approved, and
that the grant offer itself would be forwarded to the City from the
Houston office at which time the consultant will start to work.
Flood Control Ditch - Ken Powers, City Engineer, received a
letter from Gordon Smith with the Flood Control District that in-
dicated their intentions to proceed with the flood control ditch
improvements in the Lakewood area with the exception of that por-
tion involved directly in the pipeline right of way. Bids will be
taken for the entire project instead of the box culvert solely.
Since the stabilization of the area is progressively getting worse
with every inspection, Busch Hutchison has been appointed to devel-
op plans for stabilizing this area from Baker Road through the
Country Club subdivision.
Accident Investigation - As a result of Council's request,
the Administration consulted the Police Department concerning City
policy regarding investigation of accidents in rdlation to the
state law requirements and the City ordinance requirements. Mr.
Lanham, City Manager, first explained the duties of the citizen to
other citizens. State law requires the citizen to stop and render
aid in case of injury or death and to give information in case of
6212
Minutes of the Regular Meeting - April 14, 1977
injury or death of a person; it does not require them to notify
the police in case of property damage only. The Baytown ordi-
nance, however, does make that requirement. With regard to duty
of the citizen to report to the state, the citizen must report if
there is injury or death or damage of property in the excess of
$25.00. With regard to authority of the police, State law requires
that the police must investigate in case of injury or death, and
the police may investigate if there is $50.00 or,more damage of
property. City ordinance provides that investigation must be
made in case of injury or death and may be made if damage is 50.00
or more. The police must report to ttie state within 10 days all
accidents that have been investigated. It is the practice of the
City of Baytown to investigate accidents that are reported. In re-
gard to the possible excess of police cars at the scene of an acci-
dent, Chief Turner has issued an order delegating one patrol unit
at minor accidents to determine the need for additional manpower;
at major accidents any unit not performing a necessary function
should leave the scene.
Councilman Kloesel expressed the desire for the repeal of
that portion of the ordinance which provides that accidents of
$50.00 in damages be reported, or, if this is not possible, he pro-
posed that the amount be increased; he asked that ordinance(s) be
prepared for Council's consideration and that this item be placed
on the next agenda.
Councilman Lander requested additional information concern-
ing the percentage of accidents involving alcoholic beverages. He
felf that this factor may influence Council's final decision.
Bob Smith Storm Sewer - The only work remaining on the Bob
Smith Storm Sewer Project is the repair of a couple of driveways,
intersections, road crossings, and the completion of general clean-
up. The entire project should be completed within the next few
days. 7
Mock Disaster - The Civil Defense Department and the Medical
Health Coordinator have scheduled the annual disaster drill for
May 7.
Natural.Gas Rate Increase - As a result of Council's request
for additional information from Entex, Inc., Mr. Lanham reported
that the information concerning sales promotional expenses had
been submitted by Entex representatives; this concludes all the
information that was requested. Mr. Richardson, City Attorney,
briefed the Council on time constraints in.connection with the
Entex application for increase in rates. Depending on the Effec-
tive Date of the rate increase, the deadline to take action on the
rate increase will be either the first part of June or the first
part of September. On the question of whether the Council could
take action at this time, Mr. Richardson advised that this would
be legal. However, in determining the Effective Date of the rate
increase, he added that clarification has not been obtained and
that there is no case law on the subject. Mr. Richardson said
that he did write to the Railroad Commission who serves in an ad-
visory capacity to cities when regulating gas utilities, and this
Commission could not provide proper clarification on the actual
Effective Date of increase.
Mr. Lanham explained that the gas company is anxious to have
the matter acted upon, but that he did not feel that he should
put the item on the agenda until Council indicates they are ready
to review it.
Councilman Kloesel asked that the Administration made a recom-
mendation regarding Entex's request concerning rate increase. Mr.
6213
Minutes of the Regular Meeting - April 14, 1977
Lanham said that he felt that the Administration did not have any-
one qualified as rate experts. Mayor Gentry concurred that the
City staff was unable to make this type of determination and that
the City could certainly hire rate experts if Council so desired
or ask Entex to furnish additional information if this was neces-
sary; but, in any event, Council needed to make a decision in the
near future concerning this matter. Councilman Lander said that
he felt Council could make a determination from the information
presented by Entex, and that a rate expert could only verify Entex's
information which he himself already felt to be factual.
In response to inquiry of Council regarding what other cities
in that same situation have done, four courses of action seem to
have been prevalent: (1) granting the increase; (2) turning down
the increase; (3) granting increase with partial approval; or, (4)
taking no action at all resulting in the gas company's withdrawal
of the original request and filing an even higher request.
Councilman Kimmons felt that since the City did not have any
rate experts; that Council really was not competent to hold a rate
hearing; and that the City could not afford to hire any experts,
he asked that the City prepare a resolution requesting the City of
Baytown become a part of the Houston Metropolitan Rate Area and
participate in their integrated system so that Baytown could lean
on the City of Houston's rate experts.
Mayor Gentry suggested that this item concerning Entex be
added to the agenda of the April 21 meeting which was originally
set to consider bids on bonds. Council concurred with the Mayor's
suggestion. At this time, Council will be prepared to consider
the resolution before reconvening the public hearing.
Mr. Lanham has been notified of an increase in the City's
hospitalization policy. Due to the fact that the rates will in-
crease by 400 on June 1, the Administration recommended that new
bids be received to cover City hospitalization; Council had no
objections to the Administration advertising for bids to cover
this policy.
Appearance of Mr. Tex Dittman
Baytown citizen Mr. Tex Dittman appeared and addressed Coun-
cil to express the need for better cooperation among the citizens
of Baytown.
Appearance of Mrs. Louise Fellows
Mrs. Louise Fellows, in behalf of the Country Club Oaks As-
sociation, presented two petitions for consideration of the Council.
The first concerns flooding in the neighborhood streets. Mrs.
Fellows proposed that proper drainage facilities be installed by
the City of Baytown in the area bounded by Baker Road, Decker Drive,
and Fairway Drive. The second petition pertained to traffic control
at the intersection of Fairway and Decker. Mrs. Fellows requested
that the City, of Baytown install a traffic control device at this
location.
Appearance of East Harris County Community Commuter's Association
Representative
Harold Roach, a representative of East Harris County Commuter's
Association, addressed Council making several requests: (1) Defini-
tion of city limits in relation to the South 146 Highway; (2) Police
6214
Minutes of the Regular Meeting - April 14, 1977
assistance from 5:30 a.m. to 7:30 a.m. five days a week on the
Baytown side of the tunnel; (3) Installation of traffic signals
at Highway 146 @ Loop 201 merge; (4) Installation of signs pro-
hibiting lane- changing from 5:30 a.m. to 7:30 a.m.
Mr. Lanham defined the City limits. The other requests will
be considered by the City Council; Chief Turner will also look
into the possibility of dispatching two police units to the prob-
lem area at the morning peak hours.
Councilman Kimmons suggested that Council officially go on
record requesting that plans be prepared for a bridge over the
channel. Councilman Kloesel responded that in the past Council
had gone on record strongly supportive of a bridge at the tunnel.
In response to Council's comments, Mayor Gentry said he felt it
to be wise to proceed with preparation of a resolution to send to
the Highway Department. Council concurred.
Ordinance - Amending the Code of Ordinance Chapter 12� "Flood
Hazard Area Regulations"
The City must comply with new requirements to remain eligible
for flood insurance. The additional requirements include: (1)
Prohibiting encroachments in the floodway which will result in an
increase in flood levels; (2) Prohibiting the placement of addi-
tional mobile home parts in the floodway, (3) Requiring a flood -
proofing certification be provided by a registered professional
engineer or architect for structures built in flood -ay, (4) Adding
a section to the code governing the local administration of the
floodproofing regulation. The Administration and Planning Com-
mission recommended approval of the amendments as stated. Coun-
cilman Kloesel moved to adopt the amendments to the Flood Area
Hazard Regulations; Councilman Lander seconded the motion.
In response to Council's question as to whether the Planning
Commission's ruling in regard to building in the floodway can be
appealed, Bill Cornelius, Director of Planning and Transportation,
said he knew of no cases where an applicaton had been rejected.
An application first goes to the inspection department where it is
later referred to the Planning Commission. The issuance of the
permit pends approval of the Planning Commission.
Councilwoman Wilbanks made a motion to table until the next
regular meeting the discussion concerning the amendment of the
Flood Hazard Area Regulations Chapter pending further information
in regard to appeals of rulings made by the Planning Commission;
Councilman Hutto seconded the motion.
Ayes: Council members Kimmons, Wilbanks, Hutto, and Cannon
Mayor Gentry
Nays: Councilman Kloesel
Abstained: Councilman Lander
Recess
Mayor Gentry called a five - minute recess.
Ordinance - Contract with Taxicab Companies to Extend Taxicab
Program for Senior Citizens
Application was made to the Houston - Harris County Area Agency
on Aging for a grant to continue the Senior Citizens Transporta-
tion Program, and notification has recently been received stating
that the application for $10,800.00 had been approved. The Ad-
ministration recommended approval of the ordinance which extends
6215
Minutes of the Regular Meeting - April 14, 1977
the contract with the taxicab companies until December 31, 1977
or when $12,000.00 is expended, whichever comes first. Council-
man Kimmons moved to accept the Administration's recommendation;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
7 and Hutto
Mayor Gentry
Nays: None
Absent: Councilman Cannon
ORDINANCE NO. 2202
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK OF THE CITY OF BAY -
TOWN TO EXECUTE AND ATTEST TO A CONTRACT TO PRO-
VIDE TAXI SERVICE FOR SENIOR CITIZENS CONSISTENT
WITH THE RECOMMENDATION OF THE SENIOR CITIZENS
TRANSPORTATION COMMITTEE'S REPORT AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Resolution - Appropriating Funds for Senior Citizens Taxi Program
In addition to the $10,800.00 granted by the federal govern-
ment to aid in continuing the Senior Citizen's Transportation
Program, the City's share in the amount of $1,200.00 is needed
to complete the total cost of the program. Councilwoman Wilbanks
moved to adopt the resolution which transfers funds from the Gen-
eral Fund Contingency to make up the City's share of the cost;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
and Hutto
Mayor Gentry
Nays: None
Absent: Councilman Cannon
RESOLUTION NO. 571
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
TRANSFER ONE THOUSAND TWO HUNDRED AND N01100
($1,200.00) DOLLARS FROM GENERAL FUNDS ACCOUNT
NO. 0101 -12 -0100, CONTINGENCIES," TO GENERAL
FUND ACCOUNT NO. 57 -17, TRUSTEE ACCOUNT.
Ordinance - Authorizing Payment to Spaw Glass, Inc for Expansion
to Sterling Municipal Library
The contractor has completed almost all of the work on the
expansion of the Sterling Municipal Library. This ordinance would
authorize payment of all but $12,822.00 to the contractor. Coun-
cilman Lander moved to adopt the ordinance authorizing payment to
Spaw Glass, Inc. in the amount of $78,228.00 for substantial com-
pletion of the expansion; Councilman Hutto seconded the motion.
Concerning the warranty period, a compromise has been reached with
the contractor, starting the warranty period on February 22, 1977.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
6216
Minutes of the Regular Meeting - April 14, 1977
ORDINANCE NO. 2203
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, FINDING THAT THE EXPANSION AND
REMODELING OF STERLING MUNICIPAL LIBRARY IS SUB-
STANTIALLY COMPLETED IN ACCORDANCE WITH THE TERMS
OF THE CONTRACT; ACCEPTING THE CONSULTING ARCHI-
TECT'S CERTIFICATE OF SUBSTANTIAL COMPLETION;
AUTHORIZING THE PAYMENT TO SPAW GLASS, INC. OF A
SUM SUFFICIENT TO INCREASE TOTAL PAYMENT TO ONE
HUNDRED (1000) PERCENT OF THE CONTRACT SUM, LESS
RETAINAGES SPECIFIED BY THE ARCHITECT FOR ALL
INCOMPLETE WORK AND UNSETTLED CLAIMS AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Authorizing Final Payment to Katy Engineering Company
for Completion of East District Sewer Treatment Plant
Inspections have been made by City staff and consulting engi-
neers at the East District Sewage Treatment Plant, and the work has
been completed satisfactorily. The Administration recommended ap-
proval of the final payment; Councilman Kimmons moved to adopt the
ordinance; Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2204
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING AND ACCEPTING CON-
STRUCTION OF THE EAST DISTRICT SEWAGE TREATMENT
PLANT BY KATY ENGINEERING COMPANY; FINDING THAT
THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS
OF THE CONTRACT; ACCEPTING THE CONSULTING ENGI-
NEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHO-
RIZING THE FINAL PAYMENT TO THE SAID KATY ENGI-
NEERING COMPANY AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Ordinance - Appropriating Funds for Relocation of Utilities for
Spur 55 Project
The City has been requested by Chambers County in accordance
with the 1975 contract between the City and Chambers County to re-
mit the City's half of the cost of two (2) Spur 55 utility and
pipeline adjustments in the amount of $20,223.71. Environmental
clearance has been received on Spur 55 authorizing the County to
proceed with the adjustments of the remaining utility lines. There-
fore, the City's total cost will be approximately $150,000.00. Funds
for this project will be appropriated from the 1970 Street Improve-
ment Bond Funds. Councilman Kimmons moved to adopt the ordinance
appropriating funds necessary for relocation of utilities for the
Spur SS Project; Councilman Kloesel seconded the motion. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2205
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS AUTHORIZING PAYMENT OF TWENTY THOU-
SAND TWO HUNDRED TWENTY -THREE AND 71/100 ($20,223.71)
DOLLARS TO CHAMBERS COUNTY FOR THE CITY OF BAYTOWN'S
SHARE OF THE COSTS:OF UTILITY ADJUSTMENTS ON SPUR 55
RIGHT OF WAY.
6217
Minutes of the Regular Meeting - April 14, 1977
Ordinance - Awarding Bid for Plants for Albert Thomas Plaza
Three bids were received for furnishing plants to beautify Al-
bert Thomas Plaza. The tabulation follows:
BIDDER: DONATH TRANSPLANTS PLANTATION NURSERIES THE PLANT PLANT
UAN DESCRIPTION UNIT PRICE TOTAL PRICE RICE TOTAL FUCE UNIT PRICE TOTAL PRICE
1,100 And. Juniper $1.75 $1,925.00 $1.69 $1,859.00 $2.00 $23,220.00
250 Copper Leaf 1.55 387.50 2.49 622.50 2.50 625.00
1,000 Marigolds .10 100.00 .12 120.00 .15 150.00
TOTAL BID: 2,412.50 $2,601. 50 2,975.00
WARRANTY: Prefertilized; alive None None
DELIVERY: 15 cal. days 30 cal. days 14 cal. days
EXCEPTION: 25a deposit on order;
Pick up in 10 days
The Administration recommended approval of the low bid submitted
by Donath Transplants to be paid with 1975 bond funds. Councilman
Lander moved to adopt the ordinance; Councilwoman Wilbanks seconded
the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2206
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY -
TOWN, TEXAS, ACCEPTING THE BID OF DONATH TRANSPLANTS
FOR THE PURCHASE OF ESTIMATED QUANTITIES OF PLANTS
FOR THE BEAUTIFICATION OF ALBERT THOMAS PLAZA 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 - Awarding Bid for Truck and Body for Hydraulic Brush
Loader
Of the three bids received for the truck and body for the hy-
draulic brush loader, Hugh Wood submitted the low bid. The tabula-
tion follows:
BIDDER:
DESCRIPTION
Truck & Body
PARTS /SERVICE:
WARRANTY:
DELIVERY:
HUGH WOOD FORD
$12,422.68
Baytown, TX
12 mo. or
12,000 miles
45 -60 days
BAYTOWN MOTORS, INC
$13,093.16
Baytown, TX
12 mo. or
12,000 miles
90 days
JIM BALL INT'L
$13,388.43
Baytown, TX
12 mo. or
12,000 miles
65 days
*Five companies submitted no bids; one incomplete bid was submitted.
The low bidder did not meet the specifications in two aspects:
(1) wheelbase too short; (2) capacity of springs insufficient.
Therefore, the Administration recommended approval of the next low
bid, that of Baytown Motors, Inc. which does meet the specifica-
tions in all respects. Councilman Kloesel moved to adopt the ordi-
nance accepting Baytown Motors' bid for $13,093.16; Councilman Hutto
seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
6218
Minutes of the Regular Meeting - April 14, 1977
ORDINANCE NO. 2207
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS,.ACCEPTING THE BID OF.BAYTOWN MOTORS,
INC. FOR THE PURCHASE OF ONE TRUCK AND BODY FOR
A HYDRAULIC BRUSH LOADER AND AUTHORIZING THE PAY-
MENT BY THE CITY OF THE SUM OF THIRTEEN THOUSAND
NINETY -THREE AND 16/100 ($13,093.16) DOLLARS.
Ordinance - Award Bid for Repainting City Hall Exterior
Three bids were received for the repainting of the City Hall
exterior, being tabulated as follows:
BIDDER: NORVILLE H. PHILLIPS R. L. GOODMAN HOUSE PAINTING
TOTAL BID: $4,610.00 $S,000.00 13,390.00
COMPLETION: 60 cal. days 18 cal. days 1S cal. days
The Administration recommended the approval of the low bid
submitted by Norville H. Phillips. Councilman Kimmons moved to
adopt the ordinance; Councilman Lander seconded the motion.
In regard to Council's inquiry concerning the submittal of
a bond; Neel Richardson, City Attorney, advised that no bond was
required since the job did not exceed $15,000.00 and the job will
be done on a turn -key basis, meaning payment will not be made un-
til the job is completed satisfactorily. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2208
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS ACCEPTING THE BID OF NORVILLE H.
PHILLIPS FOR THE PAINTING OF EXTERIOR SURFACES
OF THE BAYTOWN CITY HALL AND AUTHORIZING THE CON-
TRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM
OF FOUR THOUSAND SIX HUNDRED TEN AND N01100
($4,1610.00) DOLLARS WITH REGARD TO SUCH AGREEMENT.
Resolution - Recommending that SKRLA, Inc Be Awarded the Contract
For The 1976 Community Development Program
Five bids were received for the 1976 Community Development
Program. The tabulation follows:
SKRLA, INC. $352,155.30
B R H $353,230.00
R. T. BISHOP $381,511.70
S & C $393,497.50
MARATHON PAVING $396,460.00
The low bid submitted by SKRLA, Inc. was approximately $53,000
over the funds available for the project. The Department of Housing
and Urban Development will not accept a change order for more than
ten percent of the total bid; therefore, the Administration recom-
mended to Council that the recommendation to Harris County be to
reject all bids and that the plans will be revised and resubmitted.
Councilman Kloesel moved to accept the Administration's recommenda-
tion; Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
6219
Minutes of the Regular Meeting - April 14, 1977
Ordinance - Setting Sewer Service Rates for Customers Without Water
Service or Outside the City Limits
As a result of Council's request that the Administration make
a recommendation for amending the City's sewer rate charges to in-
clude sewer service charges for users without water or outside the
City, the Administration recommended:
(a) Persons not connected to the waterworks system of the
city shall be billed monthly by the water department for
sanitary sewer services at a rate determined by the utility
office manager, which rate shall be consistent with the
regular sewer service charge of similar type premises or users
receiving service from the City.
(b) Persons outside the City limits and receiving water and
sewer service from the City shall pay a monthly sewer service
charge at 111 times the rate for a sewer service user situated
within the City limits.
(c) Persons outside the City limits and not connected to the
waterworks system of the City shall be billed monthly by the
water department for sanitary sewer services at a rate deter-
mined by the utility office manager that produces a charge 50
percent greater than the regular sewer service charge for sim-
ilar type premises or users situated within the City limits.
(d) If a person desiring service under subsection (a) or (c)
uses water or maintains premises in such a manner that a sim-
ilar type user or premises cannot be found, the utility office
manager may recommend for approval to City Council such ser-
vice charge and conditions as he deems appropriate.
Councilman Lander moved to adopt the ordinance in accordance with
above - stated provisions; Councilman Kloesel seconded the motion.
The vote follows:
Ayes: Council memebrs Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2209
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 31, "UTILITIES,"
BY ADDING A NEW SUBSECTION 31 -65.1 PROVIDING FOR
SEWER SERVICE CHARGES OF USERS WITHOUT WATER OR
OUTSIDE CITY; REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PRO-
VIDING FOR THE EFFECTIVE DATE HEREOF.
Request for Sewer Service Outside City Limits
Two requests were made for sewer service outside the City
limits. The first, a request for sewer service for a dental clinic
outside the city limits, has been considered by the Administration
since the last meeting. Based on an average consumption of 28,000
gallons by similar dental clinics within the city limits, a commer-
cial rate has been derived by multiplying lh times the regular com-
mercial rates, resulting in a monthly charge of $18.60. The second
request, submitted by L. G. Huff of 3903 Raccoon Drive, asked for
sewer service for a residence outside the city limits. The average
consumption of a residence being 7,000 gallons per month, lh times
the rate of $6.00 results in a charge of $9.00 a month. The Admin-
istration recommended approval of sewer service for the location
specified at the above prescribed rates. Councilman Lander moved
to accept the recommendation of the Administration; Councilman
Kloesel seconded the motion. The vote follows:
6220
Minutes of the Regular Meeting - April 14, 1977
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
Consider Rejecting Bids for Safety Equipment and Authorizing the
Advertisement of New Bids
Only one bid was received for furnishing safety equipment for
the police department. The one bid submitted was from M -S Sales
for eighty (80) vests at $122.00 each. The rest of the bids sub-
mitted were no bids, due to the fact that a specific brand name
had been specified. Therefore, because of this error in the speci-
fications, the Admninstration recommended rejecting the one bid
submitted and authorizing the readvertisement of bids for safety
vests. Councilman Kloesel moved to reject the bids and to autho-
rize the Administration to readvertise; Councilman Kimmons sec-
onded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
Consider Rejecting Bids for Demolition of Structure at 3306 Min-
nesota Street
Since the time that bids were received for demolishing the
edifice at 3306 Minnesota Steeet, a fire has completely destroyed
the structure. The Administration recommended rejecting the bids
for this demolition. Councilman Kloesel moved that the bids be
rejected; Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
Councilman Kloesel cited the problem of people moving into
abandoned buildings, and expressed the need for the buildings to
be boarded or blocked to prohibit occupancy.
Concerning the action of teh Urban Rehabilitation Board,
Councilman Cannon commended the fine job the Board has performed.
Committee Reports
None.
Unfinished Business
Councilman Kimmons said that a citizen addressing the Council
should know how long he has to speak before making his presenta-
tion, and he moved that any citizen should present his case within
a 10- minute time limit with the understanding that the Mayor could
extend this limit if questions arise; Councilman Hutto seconded
the motion asserting that the.person could certainly reappear as
many times as he desired at later meetings. Councilman Kloesel
opposed placing a time limit to a citizen's presentation before
the Council, because he felt that this discouraged citizens from
appearing. He felt that lengthy presentations had not been a sig-
nificant problem in the past. The vote follows:
Ayes: Council members Kimmons and Hutto
Nays: Council members Lander, Kloesel, and Cannon
Mayor Gentry
Abstained: Councilwoman Wilbanks
6221
Minutes of the Regular Meeting - April 14, 1977
Councilman Kloesel had one other item of unfinished business.
He said that he felt the appointments of boards should not be con-
sidered personnel matters for executive session, only those sub-
jects pertaining to City employees. Councilman Cannon raised the
question of legality of board appointments constituting criteria
for executive session. Mr. Richardson responded that the Open
Meetings Law provides that per matters may be discussed in
executive session including discussion of appointments or disci-
plinary matters concerning officers or employees. He also added
that since these boards have quasi, judicial, and decision - making
powers, appointments to said boards would be discussed in execu-
tive session. And since the appointment of these boards can in-
volve discussion of personalities and qualifications of possible
appointees, the discussion might not be appropriate for open
meetings.
Recess, Reconvene, and Adjourn
Mayor Gentry recessed the Council into executive session to
discuss land acquisition and personnel matters.
When the meeting reconvened, Councilman Kimmons moved to ap-
point Mr. A. R. Knox to the Mechanical Board; Councilman Hutto
seconded the nomination. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto, and
Cannon
Mayor Gentry
Nays: Councilman Kloesel
Councilman Kloesel felt that he could not endorse the position
of citizen (not in building business).
Concerning the recommendation of the BAWA Board to make an
offer to acquire property for a plant site, Councilman Hutto moved
to authorize the BAWA Board to make said offer; Councilman Lander
seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
There being no further business to transact, Councilman Hutto
moved to adjourn the meeting; Councilman Cannon seconded the motion.
The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto, and Cannon
Mayor Gentry
Nays: None
CHERI HL N, puty City Clerk
Approved:
ILEEN P. HALL, City Clerk