1977 06 09 CC Minutes6286
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
June 9, 1977
The City Council of the City of Baytown, Texas, met in
regular session Thursday, June 9, 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
Emmett Hutto
Tom Gentry
Fritz Lanham
Dan Savage
Neel Richardson
Karen Petru
Absent: Mary E. Wilbanks
Allen Cannon
Eileen P. Hall
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
Deputy City Clerk
Councilwoman
Councilman
City Clerk
:Mayor Gentry called the meeting to order, and the in-
vocation was offered by Bobby Bates, Minister of Cedar Bayou
Church of Christ.
Approve Minutes
Councilman Lander moved to approve the minutes of the
regular meeting of May 26, 1977, and ratification of actions
taken concerning each of the matters listed on the agenda of
said meeting. Councilman Kimmons seconded the motion. The
vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
Receive Petitions
Mr. Lanham, City Manager, presented the Council with two
petitions pertaining to the sidewalk issue in Chaparral Village,
Section 3. One petition was signed by persons favoring side-
walks and the other was signed by persons opposing sidewalks
along with a few people who were for the installation of side-
walks; this was indicated on the petition. This matter was
discussed at the Planning Commission meeting earlier in the
week where the subdivider requested that the sidewalk require-
ment be deleted. The Planning Commission has this matter under
advisement. Provisions of the subdivision regulations provide
that any changes or amendments to Chapter 27 of the Code must
first be submitted to the Planning Commission for their consider-
ation after which the matter would be presented to Council with
a recommendation.
In response to a question from Council, Mr. Lanham ex-
plained that sidewalks are mandatory under the Code as it is
presently written. It is not necessary to install sidewalks
when constructing streets, in fact sidewalks are usually installed
when driveways are put in. The subdivider was notified that these
sidewalks must be installed within one year, and the Administration
has discussed with the subdivider other deficiencies that must be
corrected. The one year bond is good until July.
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Minutes of the Regular Meeting - June 9, 1977
Bill Cornelius, Director of Planning and Traffic, explained
that there are 100 lots or approximately 5 to 6 streets that would
need sidewalks at an approximate cost of $40,000.00.
The Planning Commission is looking into this matter and should
have a recommendation prior to the next council meeting. Neel
Richardson, City Attorney, commented that the Planning Commission
could only recommend that an amendment to the ordinance be made.
Councilman Kloesel moved to accept the petition. Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
City Manager's Report
Able Construction Company has begun work on the 1977 Paving
Project by starting with the work on Eighth Street. This project
includes 13 street.
Flood Control District Contractor - Work has begun on the
drainage ditch in the Lakewood Area which will necessitate
the closing of some streets in this area. North Burnett Street
will be closed to through traffic between Holly Drive and Red
Bud Lane starting on June 10, 1977. The contractor expects this
street to be closed for approximately 30 days.
Spur 330 Project - This highway will be closed to through
traffic from 9:00 a.m. to 3:30 p.m. on June 13 and 14, 1977.
Emergency Repair of Sewer Line on Bayway Drive - Due to the
high estimates from contractors to make this repair, Ivan Langford,
Director of Public Works, felt that the most economical solution
to the problem would be to make the repair with city forces. The
approximate costs would be $9,500.00 plus labor, versus the con-
tractors' estimates of $30,000.00 - $40,000.00. Funds for this
repair will be allocated from the Waterworks and Sewer Supply
Fund. Therefore, the City will not be receiving bids for this
repair. _
Sterling Municipal Library - A committee has been formed to
plan Open House for Sterling Municipal Library. This committee
has suggested holding the Open House during the month of August.
Council had no objections.
Municipal League Region 14 - Meeting is to be held on Thurs-
day, June 23, and reservations must be made by June 20, 1977.
Mayor Gentry inquired about the type of structure being built
on North Main just north of Rollingbrook. Mr. Lanham explained
that the structure is a lift station being built by the developer
of that property. Mayor Gentry expressed concern over the fact
that it was so near the roadway. Ivan Langford, Public Works
Director, explained that the developer had his choice of the
location for the lift station. He also added that the lift station
would be surrounded by a solid wood fence.
Consider Preliminary Report for Rehabilitation of Community Center
Air Conditioning System
Council has authorized $65,000.00 in Revenue Sharing Funds
to install a four pipe air conditioning system at the Community
Center which is similar to the system that will be installed at
City Hall.
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Minutes of the Regular Meeting - June 9, 1977
Les McDonald, Consulting Engineer, explained that the present
system at the Community Center is a two pipe system which is
inadequate for cooling and heating at the same time. He explained
that this problem will be remedied by installing a four -pipe
system which will give the option of zoning the various rooms
in the Community Building. For example, each activity room in
the the Community Building will have its own thermostat and tem-
perature control.
The Community Building presently has 165 tons of air condition-
ing installed. It also has a hot water boiler for heating with
the capacity of 2,600,000 BTU's which would be sufficient in both
heating and cooling capacity. In the process of conversion, it
would be necessary to add a hot water pump, a considerable amount
of hot water distribution piping and hot water reheat coils to
zone this building. It currently has five air handlers serving
the Community Building. One is serving the teen center and dance
area, one is serving the activity room, one is serving the large
meeting room, kitchen, and lobby, and two serving the auditorium.
The units would remain as they are except for the units in the
auditorium which would be converted to heating and cooling capacity.
The other three units would use cooling only with reheat coils for
zone control.
Mr. McDonald went on to explain that this system is not the
most economical means but the most compatible means. He gave the
preliminary cost between $60,000.00 - $65,000.00.
Councilman Lander moved to authorize Mr. McDonald's firm to
prepare detailed specifications on this project in preparation
for advertisement for bids. Councilman Kloesel seconded the
motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
Consider Authorization to Place Buoys or Markers in the Bays
around the Brownwood /Lakewood Area
At the last meeting, Council requested that the Administration
get a better estimate on the cost for installation of the buoys
either from an organization such as Parks and Wildlife Department
or from a municipality that had installed bouys.
Mr. Lanham reported to the Council that he talked with another
manufacturer that indicated he would be willing to sell buoys to
the City at a cost of about $250.00 each and would install them
at a charge of $50.00 each. The estimated cost would be $6,000.00
to install 20 buoys. If Council chooses to place buoys or markers
in the bays, it will be necessary first to obtain permits from
the Coast Guard and Corps of Engineers and then to advertise for
bids. Placing buoys or markers in the bays at 1000 foot intervals
would be sufficient notice for the Parks and Wildlife Department
to enforce regulations to keep commercial fishermen out of the
bays around the Brownwood /Lakewood area.
Councilman Kimmons moved that the Administration proceed
with getting approval for placing buoys and markers in the bays
around the Brownwood /Lakewood area from the Coast Guard and the
Corps of Engineers; Councilman Hutto seconded the motion. Council-
man Kloesel amended the motion to include, that after said approval
is received the Administration be authorized to advertise for bids.
Councilman Hutto was agreeable to this amendment. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
Mr. Scott Lane Did Not Appear
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Minutes of the Regular Meeting - June 9, 1977
Mrs. Elaine Rice Appeared - Land Use Restriction
Mrs. Elaine Rice, President of the Lakewood Civic Association,
appeared in behalf of the Association to present a resolution that
was adopted by the Board of Directors of the Association supporting
the continuation of the City of Baytown Legal Department's policy
of enforcement of deed restrictions in the City of Baytown.
In support of the petition, Mrs. Rice stated that a city with-
out zoning, like Baytown, enforcement of deed restrictions is the
only thing there is to protect desirable residential areas. Protection
of the residential areas is in the interest of the welfare of the
entire city. This has been demonstrated in other cities where large
numbers of middle class citizens have left because of the deterioration
of their communities. It affects tax fees, spread of crime, a growth
of slums and causes a lack of wholesome atomsphere for raising families.
This is caused by a lack of protection within the city. Minor vio-
lations will open the way to major violations. Without the backing
of the City, who will enforce these deed restrictions? Many times
a simple reminder will settle the problem because the people in vio-
lation do not realize the effect that it would have on their area.
If the City does not back the people, what will happen when it comes
time to fight the harder battles? This would leave it up to the
individual and not very many people have the money to go to a lawyer
or to court numerous times before they can protect what is the wel-
fare of the whole community. Restricted areas are not limited to
only wealthy people because they can look out for their own interest
one way or the other. There are a great number of people with limited
means that are looking for a nice neighborhood to raise their families
and live in and not worry about security. The Association is asking
for the benefit of the community as a whole, that the Council not
repeal the ordinance allowing the Legal Department to back the en-
forcement of deed restrictions.
Ordinance - Repealing Section 27 -8, Enforcement of Land Use
Restrictions Within Subdivisions
This matter was discussed at the last council meeting when
the Legal Department was authorized to institute a procedure for
handling requests to enforce deed restrictions at that time;
Councilman Lander asked that the item be placed on the agenda
for repeal of this provision of the Code. Since that time,
numerous calls have been made in this regard; therefore, Council-
man Lander moved to table this item; Councilman Hutto seconded
the motion. The vote follows:
Ayes: Council members Lander, Kimmons and Hutto
Mayor Gentry
Nays: Council member Kloesel
Ordinance - Authorizing the Delivery of Certificates of Obligation
to Ward LaFrance Truck Corporation.
In the 1975 Bond Election, there was an item on the ballot
concerning the issuance of Certificates of Obligation for purchase
of two pieces of fire apparatus - a pumper truck and an aerial lad-
der truck. It was understood and stated at the time that Certificates
of Obligation would be issued for this. Bids were taken for these
two items and the pumper truck has been received. The cost is
$71,192.00, and the supplier is Ward LaFrance.
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Minutes of the Regular Meeting - June 9, 1977
The Certificates of Obligation totaling $71,000.00 will
be purchased at Citizen's National Bank at the rate of 5.5 %.
Fifty Thousand and No /100 ($50,000.00) Dollars of these certi-
ficates will mature January 1, 1978, and the remaining Twenty -
One Thousand and No /100 ($21,000.00) Dollars will mature January 1,
1979, for which it will be necessary to budget funds. The Ad-
ministration recommended approval of the ordinance.
Councilman Kimmons moved to adopt the ordinance; Council-
man Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
THE STATE OF TEXAS X
COUNTIES OF HARRIS AND CHAMBERS X
CITY OF BAYTOWN T
The City Council of the City of Baytown, Texas, convened
in regular meeting, open to the public, on the 9th day of
June, 1977, at the City Hall, and the roll was called of the
duly constituted officers and members of the City Council and
the City Clerk of the City, to -wit:
Tom Gentry
Jody Lander
Ted Kloesel
Emmett Hutto
E. C. Kimmons, Jr.
Allen Cannon
Mary E. Wilbanks
Eileen P. Hall
Mayor
Mayor Pro Tem
Councilman
Councilman
Councilman
Councilman
Councilwoman
City Clerk
and all of said persons were present, except the following
absentees: Mary E. Wilbanks, Allen Cannon, and Eileen P. Hall,
thus constituting a Quorum. Whereupon, among other business,
the following was transacted at said meeting: a written ordi-
nance entitled:
ORDINANCE APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
(the "Ordinance ") was duly introduced for the consideration of
the City Council and reviewed in full. It was then duly moved
and seconded that the Ordinance be passed; and, after due dis-
cussion, the motion, carrying with it the passage of the Ordi-
nance, prevailed and carried by the following vote:
AYES: All members of the City Council shown
present above voted "Aye ".
NOES: None.
The Mayor thereupon announced that the Ordinance had been duly
and lawfully adopted. The Ordinance thus adopted follows:
ORDINANCE NO. 2245
ORDINANCE APPROVING CLAIM AND AUTHORIZING
THE ISSUANCE OF CERTIFICATES OF OBLIGATION
THE STATE OF TEXAS X
COUNTIES OF HARRIS AND CHAMBERS
CITY OF BAYTOWN
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Minutes of the Regular Meeting - June 9, 1977
WHEREAS, the City Council of the CITY OF BAYTOWN, TEXAS
(the "City "), by ordinance adopted August 28, 1975, found that
it was advisable for the City to purchase two fully equipped
fire trucks and that certificates of obligation be issued by
the City for all or any part of the cost of same; and
WHEREAS, the City Council gave due and proper notice to
bidders of the time and place when and where a contract, or
contracts, for the purchase, or purchases, of such fire trucks
would be let and due and proper notice of its intention to
issue such certificates of obligation; and
WHEREAS, the City Council thereafter awarded a contract
to WARD LAFRANCE TRUCK CORPORATION, Elmira Heights, New York
(the "Contractor ") in the amount of $71,192.00, as the lowest
and best bid for the purchase of a pumper fire truck and the
Contractor at the time of the receipt of such bid by the City
elected to assign such certificates in payment for all or any
part of cost thereof in accordance with arrangements made
by the City Council; and
WHEREAS, the Contractor, as shown on a true copy of its
Claim No. 1, attached hereto as Exhibit "A" and made a part
hereof as if fully written herein, has submitted said claim for
furnishing such pumper fire truck; and
WHEREAS, the City has received the full benefits of such
contract represented by said claim to the full extent thereof
and to the full extent of the certificates of obligation here-
inafter authorized to be delivered; and no person, corporation
or trust estate has given notice in writing or otherwise to the
City, or to any official thereof, of any liens for any materials,
apparatus, fixtures, machinery or labor furnished to the Con-
tractor as provided by Chapter 17, Acts of the Legislature of
Texas, 1925 (Article 5472 -a, Vernon's Texas Civil Statutes), or
any other provision of law; and
WHEREAS, the City does not hold a claim of any kind or char-
acter which might be properly charged or interposed as an offset
of counterclaim to the payment of the aforesaid claim; and
WHEREAS, a portion of said claim has been assigned to
Citizens National Bank $ Trust Co., Baytown, Texas, without dis-
count, and said bank is now the legal owner and holder thereof;
and
WHEREAS, the City Council of the City wishes to approve said
claim and authorize the payment thereof by the issuance and delivery
of certain of said certificates of obligation, and by the payment
of cash, all as shown on said Exhibit "A" and as hereinafter set out;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, THAT:
Section 1. The matters and facts contained in the preamble
of this ordinance are hereby found and declared to be true and
correct.
Section 2. The claim described in the preamble of this
ordinance and fully set forth in Exhibit "A" mentioned in said
preamble shall be, and the same is hereby, approved and allowed,
and the City hereby acknowledges receipt of the full benefits
represented by said claim to the full extent thereof and to the
full extent of the certificates of obligation herein authorized
to be delivered and the cash herein authorized to be paid; and
the City hereby recognized and approves the transfer and assign-
ment of a portion of said claim and account to Citizens National
Bank $ Trust Co., Baytown, Texas, as herein set out.
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Minutes of the Regular Meeting - June 9, 1977
Section 3. There is now due and owing to said bank the
sum of 71,000.00 and to the Contractor the sum of $192.00.
Section 4. The certificates of obligation herein autho-
rized to be delivered shall bear interest at the rate of 5 -1/2%
per annum from the date of initial delivery shown on the face
of each such certificate.
Section S. There shall be executed and delivered to said 1
bank Certificates Nos. 1 through 71, both inclusive, aggregating
$71,000.00, of the CITY OF BAYTOWN, TEXAS, FIRE EQUIPMENT CERTIFI-
CATES OF OBLIGATION, SERIES 1975, dated October 1, 1975, and the
sum of $192.00 shall be paid by the City, in cash, to the
Contractor.
Section 6. The Mayor, City Clerk, City Treasurer, and
other appropriate City officials, are hereby authorized and
directed to deliver said Certificates above mentioned and to
do any and all things necessary or convenient to carry out the
terms of this ordinance.
PASSED AND APPROVED this 9th day of June, 1977.
ATTEST:
/s/ Eileen P. Hall
City Clerk
CITY OF BAYTOWN, TEXAS
/s/ Tom Gentry
Mayor
City of BAYTOWN, TEXAS
EXHIBIT "A"
Claim No. 1 Dated: June 9, 1977
of Ward LaFrance Truck Corporation (the "Contractor "), against
the City of Baytown, Texas (the "City "), as per contract in
the amount of $71,192.00, between the City and the Contractor:
1. Pumper fire truck delivered ...................$71,192.00
2. Less previous payment .........................$ -0-
3. Payment currently due .... .....................$71,192.00
4. Amount to be paid Contractor by issuance
of Certificates of Obligation .................$71,000.00
S. Amount to be paid in cash by City
toContractor ... ..............................$ 192.00
The amount shown in line 3 above represents our claim
against the City of Baytown, Texas, for delivering one pumper
fire truck under and in conformity with the terms and condi-
tions of the contract described above; and $71,000.00 of such
claim has been and is hereby assigned in full, without discount, '
to Citizens National Bank & Trust Co., Baytown, Texas.
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Minutes of the Regular Meeting - June 9, 1977
{YARD LAFRANCE TRUCK CORPORATION
ATTEST:
By
(Authorized epresentative)
(Title)
(SEAL)
The pumper fire truck represented by the claim shown in
line 3 above is in full accordance with the terms and conditions
of the contract described above, and such claim is hereby in
all things approved for payment by the City.
Fritz Lanham, City Manager
City of Baytown, Texas
Ordinance - Authorizing an Industrial Contract Between
Houston Lighting and Power and the City of Baytown
This contract is consistent with other contracts, specifically
the contract with U. S. Steel, Industrial District 3. It is a
seven year contract and is retroactive to April 1, 1977, since
the first contract expired March 31, 1977. The first payment
due would cover April 1, 1977, through December 31, 1977. By
contract, Houston Lighting and Power and the City would agree that
the City will use the school district values for the first pay-
ment. Since the first payment would cover three - fourth of the
year, payment would be 75% of the school district's values. Pay-
ment would be $366,947.00. This has been approved by the of-
ficials of Houston Lighting and Power. The Administration
recommended approval of this ordinance.
Councilman Kloesel made a motion to table this item until
the next meeting because he felt that he did not have sufficient
time to study the contract. The motion died for a lack of second.
Councilman Lander moved to adopt the ordinance; Councilman
Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons and Hutto
Mayor Gentry
Nays: None
Abstained: Council member Kloesel
ORDINANCE NO. 2246
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, AUTHORIZING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
CONTRACT BETWEEN HOUSTON LIGHTING 6 POWER AND THE
CITY OF BAYTOWN, TEXAS, AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
At this point, Councilman Kloesel stated that there is
not ample time to study the information concerning the matters
listed on the agenda since this information is received on the
Tuesday afternoon before the Council Meeting on Thursday.
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Minutes of the Regular Meeting - June 9, 1977
Mr. Lanham explained that the Administration frequently
adds items to the agenda, but perhaps Council would like to
adopt a policy stating that the agenda be closed at a specific
time.
Ordinance - Calling a Public Hearing,on Annexation of Certain
Properties Belonging to Houston Lighting and Power
The Industrial District Policy of the City and the contract
that was just approved provide for annexation of 200 of the pro-
perty value within the Houston Lighting and Power Plant site.
This ordinance would call a public hearing to be held at the next
regular meeting, June 23, 1977, at 7:00 p.m.
Councilman Kimmons moved to adopt this ordinance; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
ORDINANCE NO. 2247
AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A
PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CER-
TAIN PROPERTY BY THE CITY OF BAYTOWN, TEXAS;
AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH
NOTICE OF SUCH PUBLIC HEARING AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Ordinance - Awarding Contract for the Bayway Drive 16" Arterial
Water Main
Mr. Busch with the firm of
was present to discuss the bids
that the four bids received were
follows:
BRH Company
Skrla, Inc.
R. T. Bishop
Utility Contractors
Busch, Hutchinson
with Council. Mr.
competitive. The
ALTERNATE
$488,550.00
$549,350.00
$533,745.81
$422,155.00
and Associates
Busch stated
tabulation
ALL CONCRETE
$512,390.00
$473,850.00
$587,681.31
$488,650.00
The bids were somewhat higher than anticipated; however, there
have been substantial increases in materials, equipment, and
labor costs. Mr. Busch felt that there would be no advantage
to readvertising for bids and recommended that the contract be
awarded to the low bidder, Utility Contractors; the Administration
concurred.
Councilman Lander moved to adopt this ordinance; Councilman
Kimmons seconded the motion.
Mr. Lanham explained that due to the amount of the bid,
there would be considerable less money remaining in the Water
Bond Fund than anticipated. Therefore, with one project remaining,
the replacement of the water line in the Country Club area, funds
would need to be budgeted or Revenue Sharing Funds would need to
be allocated to provide the necessary funding. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
7
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Minutes of the Regular Meeting - June 9, 1977
ORDINANCE NO. 2248
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF UTILITY
CONTRACTORS, INC. D /B /A U. C. OF TEXAS, INC.
FOR THE CONSTRUCTION OF THE BAYWAY DRIVE ARTERIAL
WATER MAIN, PHASE II AND AUTHORIZING THE CONTRACTING
OF INDEBTNESS BY THE CITY FOR THE SUM OF FOUR HUNDRED
TWENTY -TWO THOUSAND ONE HUNDRED FIFTY -FIVE AND NO 1100
($422,155.00) DOLLARS WITH REGARD TO SUCH AGREEMENT.
Ordinance - Awarding Contract for the Market Street Bridge
Mr. Busch was also present to discuss bids received for
reconstruction of the Market Street Bridge. He explained that
this project has been delayed for a great length of time pend-
ing application for permits for construction from the Coast
Guard and the Corps of Engineer.
Four bids were received from contractors for construction
of this project. The tabulation follows:
Star Concrete Construction, Inc. $1,229,785.00
Hanna Construction Company $1,155,815.00
Brown $ Root, Inc. $1,179,107.50
Farrell Construction Company, Inc. $1,095,395.00
The bids that were received did come in approximately 10%
over the estimate last presented to council; however, the bids
were competitive. The low bidder was Farrell Construction Company
Inc. with the bid of $1,095,395.00. Mr. Busch commented that
Farrell Construction is a well qualified contractor, experienced
in this type of work. Mr. Busch felt, and the Administration
concurred, that this ordinance, awarding the contract to the
low bidder, Farrell Construction Co., Inc., should be adopted.
The specified time for completion of this project is 120
working days. Traffic will have to be rerouted through other
areas for a large portion of the time the construction is taking
place. Budgeted funds or Revenue Sharing Funds-will be needed
to supplement bond funds on this project. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
ORDINANCE NO. 2249
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF FARRELL
CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE
MARKET STREET BRIDGE AND AUTHORIZING THE CONTRACTING
OF INDEBTNESS BY THE CITY FOR THE SUM OF ONE MILLION
NINETY -FIVE THOUSAND THREE HUNDRED NINETY -FIVE AND
NO 1100 ($1,095,395.00) DOLLARS WITH REGARD TO SUCH
AGREEMENT.
Ordinance - Awarding Contract for Sliplining of Sanitary Sewer
Lines
Four bids were received for the sliplining of sanitary sewer
lines. The tabulation follows:
Channel Construction Company $152,513.75
Naylor Industries $214,885.00
DBA Slipliners (John G. Holland Construction
Company, Barney's Inc., Shur -Flo, Inc) $283,602.50
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Minutes of the Regular Meeting - June 9, 1977
The low bidder is Channel Construction Company with a
bid of $152,513.75 which is below the estimated cost of
$185,000.00. The Administration recommended approval of the
ordinance.
Councilman Lander moved to adopt this ordinance; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
ORDINANCE NO. 2250
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, ACCEPTING THE BID OF CHANNEL
CONSTRUCTION COMPANY, INC., FOR THE SLIPLINING
OF PORTIONS OF CERTAIN SANITARY SEWER LINES AND
AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY
THE CITY FOR THE SUM OF ONE HUNDRED FIFTY -TWO
THOUSAND FIVE HUNDRED THIRTEEN AND 75/100
($152,513.75) DOLLARS WITH REGARD TO SUCH AGREE-
MENT.
Ordinance - Calling Public Hearing on Annexation of Sections
IV and V of Chaparral Village
Between the first and second reading in the annexation
process for Chaparral Village, Section IV and V, an error was
discovered in the description. The City Attorney, Mr. Richardson
gave the opinion that the annexation process must be reinstituted
to correct this error. The Administration recommended to call a
hearing to be held at 7:15 p.m. at the next regular council meeting
on June 23, 1977.
Councilman Kimmons moved to adopt this ordinance; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
ORDINANCE NO. 2251
AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A
PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN
PROPERTY BY THE CITY OF BAYTOWN, TEXAS; AUTHORIZING
AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH
PUBLIC HEARING AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Resolution - Authorizing Director of Planning and Traffic to
Execute Necessary Forms to Extend STEP Program
This item was discussed at the last council meeting. Up-
dated statistics on accident and injuries for the first five
months of this year were placed at the Council table, along
with a comparison of the month of May 1975, 1976 and 1977.
The number of accidents and injuries for this year are down in
comparison with other years, and thus far this year we have not
had any fatalities. The Administration felt that some of this
reduction can be attributed to the STEP Program. The Administration
recommended approval of this resolution to extend the STEP Program
through September 30, 1977.
Councilman Kloesel inquired what other types of programs
STEP includes and what other options are available to apply for?
Mr. Bill Cornelius, Director of Planning and Traffic, responded
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Minutes of the Regular Meeting - June 9, 1977
that through the office of Traffic Safety, this would be the only
program available and STEP was only directed toward traffic en-
forcement.
Councilman Lander moved to adopt this resolution; the motion
died for lack of second.
Mayor Gentry expressed a feeling of regret that Council felt
it unwise to take advantage of the available funds since by the
statistics this program had proved effective. Councilman Lander
concurred and requested that this item be placed on the next agenda;
however, due to time limitations involved this would not be possible.
At this point, Mr. Rosenbaum requested that he be recognized
and Mayor Gentry said that Mr. Rosenbaum would be recognized later
in the meeting.
Resolution - Recommend Awarding the Contract for the 1976 Community
Development Program
Bids were received a few months ago but were considerably
over the funds available; therefore, the plans were revised and
the Administration advertised for bids again. Six bids were
received. The tabulation follows:
H. T. Holland Construction $292,375.00
Star Concrete Construction $297,925.00
R. T. Bishop Construction $303,048.00
McKey Construction $310,932.00
BRH Company $319,970.00
Utility Contractors $376,110.00
H. T. Holland Construction is the low bidder with the amount
of the bid being $292,375.00. The estimate was $299,000.00.
Since we are subcontractor under Harris County for this project,
it is necessary that the contract be awarded by Harris County
Commissioner's Court. The Administration recommended this re-
solution be adopted and then be submitted to Harris County for
final action.
Councilman Kloesel moved to adopt this resolution; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
RESOLUTION NO. 583
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RECOMMENDING THAT THE HARRIS
COUNTY COMMISSIONER'S COURT ACCEPT THE BID OF
H. T. HOLLAND CONSTRUCTION, INC. FOR THE CONSTRUCTION
OF THE 1976 C0MMUNITY DEVELOPMENT PROGRAM.
Resolution - Requesting that the County Consider Paving Evergreen
Road
This item was discussed briefly at the last meeting. Council
requested that the Administration develop a list of priorities on
drainage and road projects. Judge Lindsay has indicated that if
the City were to present its list of priorities to the Commissioner
Court by the fall, this would be ample time for these items to be
considered by the Court for inclusion in the County's next bond
election. A priority list of drainage, road and other pertinent
projects will be developed for Council consideration.
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Minutes of the Regular Meeting - June 9, 1977
Councilman Kloesel said that he had no intention of placing
the paving of Evergreen Road as a priority. He explained that
his only intention was that of getting the road improved and calling
it to the attention of the County.
Councilman Kloesel moved to adopt this resolution by amending
Paragraph 4 to read, "to improve the road," rather than, "paving
the road ", Councilman Hutto seconded the motion. Mayor Gentry
suggested that the resolution should also encourage the improve-
ment be made with maintenance funds; Council concurred. The
vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
RESOLUTION NO. 584
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, REQUESTING THAT THE COUNTY
IMPROVE EVERGREEN ROAD.
Ordinance - Authorizing Interlocal Agreement for Workmen's
Compensation Insurance
The first contract with Municipal League for Workmen's
Compensation insurance has expired. This contract would be
effective July 1, 1977 through July 1, 1980. On previous
experiences, premiums were initially based on 75% of what the
cost would have been if purchased on an open market. In addition
to that savings, the City received dividends of $5,700.00 for
the first year and at the end of the second year the City received
dividends of $10,520.00, which is a little less than 10% of the
premium which was paid. The Administration recommended approval
of this ordinance.
Councilman Kimmons moved to adopt this ordinance; Council-
man Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
ORDINANCE NO. 2252
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE
MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO
EXECUTE AND ATTEST TO AN INTERLOCAL AGREEMENT
WITH THE TEXAS MUNICIPAL LEAGUE WORKMEN's
COMPENSATION JOINT INSURANCE FUND FOR THE PURPOSE
OF PROVIDING WORKMEN'S COMPENSATION BENEFITS
FOR EMPLOYEES OF THE CITY OF BAYTOWN AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Mr. Mervin Rosenbaum Recognized - STEP Program
Mayor Gentry explained to Mr. Rosenbaum that he did not
mean any discourtesy earlier, but since the Council had acted
on this matter, no discussion for or against would have had
any effect on the action taken.
Mr. Rosenbaum expressed the feeling that the reduction of
accidents and fatalities supports the merits of the STEP Program
and that he was amazed that Council would neglect to use federal
funds to support safety. Mr. Rosenbaum continued his support of
the program by saying that all members of his family would be
willing to be ticketed for traffic violations if the net result
is to improve traffic safety as significantly as this program
has done. Mr. Rosenbaum concluded by urging the City Council
to reconsider their action.
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Minutes of the Regular Meeting - June 9, 1977
Committee Reports
None presented.
Unfinished Business
None.
Recess and Reconvene
Council recessed into executive session to discuss personnel
matters. When the open meeting reconvened, Council discussed the
negotiation of contract for consulting services for a small area
transit study. The Administration recommended that the joint
proposal of Langford Engineering, Inc. /Texas Transporation Institute
be accepted.
** * ***
Councilman Kimmons moved to accept the proposal of Langford
Engineering, Inc. /Texas Transporation Institute. Councilman
Hutto second the motion.
Councilman Kloesel felt that this was not the best route to
go. The vote follows:
Ayes: Council members Lander, Kimmons and Hutto
Mayor Gentry
Nays: Council member Kloesel
Council then considered appointments to the Mechanical Board.
Councilman Lander moved to reappoint the four members whose terms
are expiring:
Les McDonald - Engineer
Oscar Young - Licensed Mechanical
Contractor
James Davis - Architect
Joe Aylor - General Contractor
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Hutto
Mayor Gentry
Nays: None
Adjourn
There being no further business to transact, Councilman
Lander moved to adjourn. Councilman Hutto seconded the motion.
The vote was unanimous.
Approved:
Eileen P. Hall, City Clerk
`i` aR QM �"._SL�R.u�
aren Petru, Deputy City Clerk
* * * * ** see Correction on
Page 6300