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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. 6287 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. 6288 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 6289 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. 6290 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 6291 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. 6292 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. 6293 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. 6294 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 6295 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 6296 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 6297 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. 6298 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. r r r 6299 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