1977 07 14 CC MinutesMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
July 14, 1977
The City Council of the City of Baytown, Texas, met in
regular session Thursday, July 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 Hutto
Allen Cannon
Tom Gentry
Fritz Lanham
Dan Savage
Neel Richardson
Eileen P. Hall
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
6313
Mayor Gentry called the meeting to order, and the invocation
was offered by Councilman Allen Cannon.
Approve Minutes
Councilman Kimmons moved to approve the minutes of the regu-
lar meeting of June 23, 1977, and ratification of actions taken
concerning each of the matters listed on the agenda of said meeting;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
Receive Petitions
Mrs. L. H. Cakebread of 105 Danubina presented a petition
with 200 signatures requesting that the City Council and /or the
Alcoholic Beverage Commission refuse to grant a permit for a
liquor license or permit to operate a private club and serve mixed
drinks for King John's Palace, 8 Danubina, Baytown, Texas.
King John's Palace, which is a private club, was previously
located on Tri City Beach Road, and therefore, the permit is
simply being transferred from one location (outside the city
limits) to another. The building located at 8 Danubina is being
remodeled; however, all permits have been obtained which are
required by the building code. The buffer fencing requirement
and off - street parking requirement of the Code have been met, and
the City has no jurisdiction as far as the granting of a permit
for the operation of a private club. Possibly, the Alcoholic
Beverage Commission could act on such a petition.
Councilman Cannon moved to accept the petition; Councilman
Kloesel seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
Councilman Cannon commented that he was opposed to a private
club being located in this residential area and if at all possible,
he would like to pursue the possibility of prohibiting the opera-
tion of a private club at this particular location.
6314
Minutes of the Regular Meeting - July 14, 1977
City Manager's Report
faker Road - The superintendent for the contractor on'the
Baker Road project has notified the Administration that
Baker Road between Decker Drive and Goose Creek will be open
on Monday.
Houston Lighting and Power Company - At the last Council
meeting, Councilman Kloesel requested information from Houston
Lighting and Power Company which would reflect the base cost
for 1,000 kilowatt hours, 1,500 KWH, or 2,000 KWH along with
cost of service and fuel cost adjustments for a twelve -month
period by month. This report, based on 1,000 KWH/ has been
furnished which reflects a total cost of $31.32 for June, 1976
versus a total cost of $33.75 for June, 1977. The-information
which was requested -by Councilman Cannon will be provided with
the next letter notifying the Administration of fuel cost and
cost of service adjustments.
Fire Department - The ladder truck for the fire department
is in Houston and is expected to be delivered next week.
Senate Bill 1252 - At the last regular meeting, Council-
woman Wilbanks asked that the Council be briefed on the legis-
lation that was passed giving County government the authority
to establish toll roads and bridges. Neel Richardson, City
Attorney, explained that Senate Bill 1252 was adopted during
the last session of the legislature which provided that counties
may construct highways and bridges and issue tax or revenue
bonds to pay for cost of construction, maintenance, interest
on the bonds, operating expenses of the project, and all prelimi-
nary expenses such as engineering and charges for fiscal agent
services involved with the process. If the project were to be
financed by revenue bonds, then an election would not be necessary
to authorize the issuance of the bonds. The bonds which would
be issued would not be debt of the county and would, therefore,
not impair the county's future ability to borrow money. The
bonds would be charged only against the revenue of the project,
and furthermore, the Act provides that the county can contract
with cities to construct, acquire, improve or operate these
facilities. Therefore, this probably would be a feasible means
of operating something over the channel. This Act also provides
that any other governmental entity or division of the state may
be reimbursed an amount not to exceed $75,000.00 for work already
completed. For instance, a county operating under this bill may
take over from where the Turnpike Authority is on such projects.
Councilwoman Wilbanks explained in response to an inquiry
from Councilman Kloesel that she had not intended discussing the
possibility of a toll construction when appearing before the
Department of Highways & Public Transporation Commission regarding
the construction of a bridge over the channel in the vicinity of
Baytown /LaPorte Tunnel. However, this information could prove
beneficial in the future.
Drainage - At the last regular meeting, Councilman Kloesel
asked for information on drainage improvements planned in the
area bounded by Airhart, Market, Harbor, and Dayton or Lynchburg
(not certain of correct name of street). This is in the area
where the Administration would hope to make some improvements
with 1977 Community Development funds. In the program that is
planned and which has been submitted to the County for those
funds, two of the drainage improvements needed in that area are
included. However, the Administration has not been notified of
how much will be received or if funds will be granted to the City
under this program. The two projects listed in the proposed 1977
Community Development Program are:
Cedar Street, from Harbor to Airhart
Pine Street from Dayton to Market.
6315
Minutes of the Regular Meeting - July 14, 1977
Cypress, Dayton, Cedar and Cherry are listed on the City's drain-
age priority list. What the Administration proposes is that when
notification is received from the County as to whether or'not funds
will be received and for what amount, then to proceed with the
drainage work proposed under the application. However, if sufficient
funds are not not received to complete Cedar and Pine, then those
streets will be included in the city's drainage priority list. How -
ever, the Administration would like to complete the drainage improve-
ments on Cedar and Pine under the 1977 Community Development Program
because if this funding is received the drainage improvements will
consist of storm sewers. If the drainage improvements on these
streets are completed under the city's drainage program using city
crews, there will be open ditches.
Market Street Bridge - The contractor on the Market Street
Bridge has moved about 1,000 loads of fill into place. There are
a number of trucks being used for the purpose of moving this fill,
and therefore, the process is moving along very rapidly.
Bayway Water Line - The contractor will begin work on the
Bayway Water Line on August 25.
East District Sludge Dewatering - Tidal Construction was
awarded the contract for the East District Sludge Dewatering
facilities several months ago. The materials for the project which
were ordered at that time have been received, and the contractor
began work on July 7. The contractor has used 1S8 days of the 420
days. It probably will not be necessary to use all of the 420 days.
1976 Community Development Project - H. T. Holland is making
excellent progress with three crews working. Pipe is being installed
on Laredo, Humble and Gulf Streets.
The original plans provided for piping both sides of Laredo.
However, the bids were a considerable amount over the funds available
for this project; therefore, the plans were revised to pipe one side.
There are a number of leads on Laredo to bring the water from the
side where pipe is not being installed to the pipe.
*Councilman Lander present.
Sliplining - Channel Construction has televised the line along
Narcille from Woodlawn to Buchanan, and the installation of the
eight (81') inch liner began yesterday and should be completed next
week.
Police Department - Chief Turner has established a program in
his department for recognizing members of that department for out-
standing performance. The first individual to receive this award
is Officer James Lee Hall, who during normal patrol on June 22, 1977,
apprehended an armed felon in such a manner as to avoid causing harm
to the clerk or any innocent by- stander. This award not only recog-
nizes the meritorious manner in which Officer Hall apprehended the
armed felon, but the excellent judgment he used in the apprehension.
He performed in a calm and professional manner which reflects credit
to him and to the Baytown Police Department.
Questions or Comments Regarding City Manager's Report
In response to an inquiry from Councilman Cannon, Ken Powers,
City Engineer, explained that the pipe situated on Beaumont will
be used for sliplining on Largo and Pleasant.
Receive Semi - Annual Audit Report
This is the semi - annual audit that is performed each year
as of March 31 in accordance with Charter requirements. The
report is limited to the General Fund and Water Fund. Ed Hullum
6316
Minutes of the Regular Meeting - July 14, 1977
was present on behalf of the auditing firm of Gerace, Hullum &
Company. Mr. Hullum pointed out that tax collections as of
March 31, 1976 were 94.09 %, whereas tax collections for the same
period this year were 94.86%. He also explained that the report
did not reveal anything of an outstanding nature; however, the
Water Fund figures reflected a deficit of approximately $49,000.00.
This came about because a prior year surplus not being as great
as anticipated, but if the weather continues as it has been, this
deficit will decrease accordingly.
Mr. Hullum indicated that he would be happy to appear at some
time in the future should Council have any questions regarding the
audit report.
Jerry Don Smith - Baytown Home Builders' Association
Mr. Jerry Don Smith, President of the Baytown Home Builders'
Association, appeared regarding the subject of sidewalks in the
City of Baytown. The Home Builders' Association had no recom-
mendation regarding whether or not subdivisions should have side-
walks; however, the Association did stipulate that if sidewalks
continued to be a requirement, that the developer should not be
responsible for installation of the sidewalks. Mr. Smith continued
that many subdivisions sell lots to individuals, along with builders,
and there are times when many years pass prior to this individual
building on the lot, and to hold the developer responsible for this
many years down the line is impractical. Also, with inflation it
is difficult for the developer to estimate the cost of construction
of these sidewalks in future years. For the sidewalks to be installed
at the beginning of the subdivision, when the streets are installed,
is not practical from the developer's standpoint because of the
various loads that go in on the lot. Therefore, the Home Builders'
Association feels that the responsibility of the sidewalks being
installed should be that of the builder, and that this procedure
could be controlled by having sidewalks shown on the plot plan
when a builder makes application for the various permits required
prior to beginning construction, or the permits should not be
issued, and to guarantee that sidewalks would be installed, that
the final inspection would not occur until the sidewalks are in.
The builders run into the problem of individuals who say that they
do not want sidewalks; therefore, if the ordinance specifies that
the final inspection will not occur until the sidewalks are installed,
this would solve the problem. Mr. Lanham, City Manager, concurred
that this suggestion would simplify matters from an Administrative
standpoint, if sidewalks are to be required.
Council was interested in determining whether there might be
a problem with obtaining the same quality sidewalk if builders
were left with this responsibility rather than the developer. Mr.
Smith could see no problem in this regard since most of the side-
walks being installed now are installed by the builder. The only
problem involved is the mechanics of when the sidewalks should
actually be installed and by whom. The only way that the developer
could actually insure that sidewalks would be installed in a sub-
division would be to install the sidewalks at the onset of construc-
tion which is impractical because the sidewalks are destroyed during
construction and must be replaced which results in added costs to
the consumer.
Councilwoman Wilbanks inquired if under the present ordinance
two inspections were required in order that the general layout of
the subdivision and streets could be inspected and then one to
inspect the sidewalks. Mr. Smith responded that this was the prob-
lem which had actually brought the sidewalk matter into focus. In
this regard, Mayor Gentry added that there was one other problem
and that of determining how thick the concrete must be on city
6317
Minutes of the Regular Meeting - July 14, 1977
easements with regard to sidewalks, as well as driveways. At
the present time, there is no requirement, but the engineering
department is working on this problem.
During the discussion, Councilman Kimmons expressed the
feeling that the purpose for sidewalks is to move people, and
Councilwoman Wilbanks stated that there was some merit in
attempting to link various areas of the city by a sidewalk pro-
gram.
Mayor Gentry inquired if at a future meeting there would be
an item on the agenda regarding the whole sidewalk matter. Mr.
Lanham said that this item would be considered at the next meet-
ing. Councilman Cannon had stated earlier in the meeting that
he would like for the Administration to work with the Planning
Commission to resolve this problem.
Ordinance - Appropriating Revenue Sharing Funds for Retired
Senior Volunteer Program
Mr. Jimmy Day, a member of the Senior Citizens Advisory
Board, was present to discuss this item. He explained that
the Retired Senior Volunteer Program began approximately one
year ago. At that time, the amount of money that would be
needed to fund the program for the remainder of the year was
underestimated. Therefore, RSVP is requesting that the City
Council appropriate $921.95 to fund this program for eleven
more weeks until October 1, the beginning of their new fiscal
year. Mr. Day explained that the program began with a full -
time coordinator, but the coordinator's time was reduced to
19 hours a week when the group realized that available funds
would not permit the continued employment of a full -time co-
ordinator. The part -time coordinator is sufficient to keep
the program in Baytown functioning in a well organized manner.
There have been senior volunteers in Baytown for ap-
proximately four years, but the Retired Senior Volunteer Pro-
gram has been operating with a coordinator for approximately
one year. After October 1, this program will be sufficiently
funded by the state and federal government; therefore, this
is the only time that this type request will be made to the
Council for this particular program.
The funds for this allocation would come from revenue
sharing funds which were allocated for senior citizens' pro-
grams. Originally, the funds were proposed for the taxicab
program which has since been funded by other means. The
Administration recommended approval of the ordinance.
Councilman Lander moved to adopt the ordinance; Council-
man Kimmons seconded the motion.
Councilwoman Wilbanks asked that Mr. Day report to Council
during the program's second year so that Council will be informed
as to the progress of the program even though the city will not
be directly involved in its funding. Mr. Day said that he would
be glad to furnish the Council with a brochure prior to the end
of the next fiscal year on the progress of the program. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
6318
Minutes of the Regular Meeting - July 14, 1977
ORDINANCE NO. 2260
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE
CITY MANAGER AND CITY CLERK TO ATTEST TO A CONTRACT
WITH THE RETIRED SENIOR VOLUNTEER PROGRAM FOR THE
REGISTRATION, RECRUITMENT, AND COORDINATION OF
SENIOR VOLUNTEER COMMUNITY SERVICE.
Ordinance - Changing Speed Limits on Certain Streets
Councilman Hutto requested that this item be placed on the
agenda. Councilman Cannon, Chairman of the Council's Traffic
Committee, explained what action the Committee had taken regarding
the request for certain speed limit adjustments. The Committee
considered changing the speed limit on McKinney Road from Massey
Tompkins to Highway 146 from the present 30 m.p.h. to 40 m.p.h.,
and voted unanimously that this speed limit should remain 30 m.p.h.
The proposed ordinance reflects that consideration was given to
the section of Ward Road from Highway 146 to Kilgore; however,
the Council already has granted a change for the section from
Narcille to Kilgore from 30 m.p.h. to 40 m.p.h. Therefore, what
the Council's Traffic Committee was really considering was a
change in the speed limit from Narcille to Highway 146. The
majority of the Committee voted to change the speed limit from
30 m.p.h. to 35 m.p.h. rather than the 40 m.p.h. suggested.
Councilman Cannon commented that he had voted against the Com-
mittee's recommendation. Regarding the section of Cedar Bayou
Road from Main Street to Highway 146, the request was that the
speed limit be altered from 30 m.p.h. to 40 m.p.h. Again, the
Committee voted to recommend that the speed limit be altered to
35 m.p.h.; Councilman Cannon voted against this recommendation.
The Committee was also requested to consider that the speed limit
for the section of Park Street from Airhart Drive to Bayway Drive
be altered from the present 35 m.p.h. to 4S m.p.h. The Committee
requested that action on this item be postponed so that the Com-
mittee will have time to look at the traffic situation on Park
and consider the request again at its next meeting. The Commit-
tee in general would be in agreement to change most of Park Street;
however, there are a couple of problem areas. One such area is
the corner just behind Ramada Inn and the area just off Bayway
Drive. This concluded the recommendations of the Council's Traffic
Committee.
Councilman Hutto stated that he had requested that this item
be placed on the agenda at the request of a considerable number
of Baytown residents who felt strongly that the present limits
were outdated and do not reflect the true speed on these streets.
He explained that he had made his own survey by traveling these
streets to find that traffic was moving safely on these streets
at 40 m.p.h. with regard to Park Street, Councilman Hutto stated
that the speed limit could be adjusted to a lower speed for the
problem areas.
Councilman Kloesel addressed his comments to Cedar Bayou,
McKinney and Ward Roads by concurring with what Councilman Hutto
had stated, and subsequently moved that an ordinance be adopted
setting a speed limit of 40 m.p.h. for the following streets:
Cedar Bayou Road: Main Street to Highway 146
McKinney Road: Massey Tompkins Road to Highway 146
Ward Road: Narcille to Highway 146
Councilman Hutto seconded the motion.
Council expressed some concern that the speed limit in the
vicinity of the Little League Ball Park during the baseball season
would be 40 m.p.h. and asked if there would be some means of slowing
6319
Minutes of the Regular Meeting - July 14, 1977
the traffic down during this period. Mayor Gentry pointed out
that this would be a hazard similar to a school zone, and there-
fore, temporary signs probably could be erected during the Little
League season.
Councilman Lander commented that since the Council's Traffic
Committee is appointed to study traffic conditions and make recom-
mendations to Council, he would have to rely on their expertise
in traffic matters and would, therefore, support the Traffic Com-
mittee's recommendations.
Councilman Hutto explained that he was not taking exception
to any member of the Traffic Committee; however, he felt that in
many instances citizens had more exposure as to the amount of
traffic flow and at what speeds than the Committee.
Councilman Cannon pointed out certain conditions that should
be considered in the decision regarding these speed limit adjust-
ments as follows: Cedar Bayou Road is a narrow street which needs
to be repaired. This street has fairly deep ditches with a great
number of culverts. Therefore, from a defensive driving stand-
point, if a driver were to try to avoid hitting another vehicle,
there would be the possibility of hitting a culvert at a higher
rate of speed. Most of the people who live on Cedar Bayou must
back out of their driveways. On McKinney Road, there are the
same problems. Ward Road is intersected by Tenth and Danubina
which are both heavily traveled. There is a fire station on this
street and there will be a new subdivision soon with approximately
45 houses, whose occupants will be traveling Ward. There is a
Baptist Church which empties onto Ward, and as stated previously,
the Little League Ball Park. In view of all these considerations,
Councilman Cannon recommended that the speeds be maintained at the
present 30 m.p.h.
Counci
17 Street were
is Narcille
Ayes:
Nays:
lman Hutto pointed out that both Danubina and Tenth
not cross streets; the only cross street on Ward Road
which is regulated by a signal. The vote follows:
Council members Kloesel, Wilbanks and Hutto
Mayor Gentry
Council members Lander and-Cannon
Abstained: Councilman Kimmons
ORDINANCE NO. 2261
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, DESIGNATING SPEED LIMIT ZONES BY
ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED
FOR VEHICLES UNDER THE PROVISIONS OF ARTICLE 6701d,
VERNON'S TEXAS CIVIL STATUTES, UPON THE BASIS OF AN
ENGINEERING AND TRAFFIC INVESTIGATION, WITHIN THE
CORPORATE LIMITS OF THE CITY OF BAYTOWN, AS SET OUT
IN THIS ORDINANCE; PRESCRIBING A MAXIMUM PENALTY OF
TWO HUNDRED ($200) DOLLARS FOR VIOLATION THEREOF;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
HEREOF.
Mayor Gentry suggested that the Administration report back
to Council with a recommendation concerning the Little League Ball
17 Park.
Ordinance - Granting Two Cathodic Protection Easements to United
Texas Transmission Company
This utility easement is in the area that the city purchased
at the time that the perimeter road was being built to get fill
material. There are easements for the pipelines that go through
this area, and nothing could be built there without being elevated.
6320
Minutes of the Regular Meeting - July 14, 1977
The City Attorney feels that the existing conveyance gives United
Texas Transmission Company the authority to proceed; however,
their attorney feels that an additional conveyance is required.
The Tax Assessor - Collector feels that there is no change in value
since the company's rights are not altered. The Administration
recommended that the ordinance be approved.
Councilman Kloesel moved to adopt the ordinance; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2262
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CONVEYANCE OF
CATHODIC PROTECTION EASEMENTS UNDER, UPON, OVER,
AND THROUGH LANDS OWNED BY THE CITY OF BAYTOWN AND
DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST INSTRUMENTS GRANTING SUCH EASEMENTS TO
UNITED TEXAS TRANSMISSION COMPANY AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Ordinance - Designating No Wake Zones
At the last Council meeting, Council passed an ordinance
authorizing the designation of no wake zones. The ordinance
indicated that the specific locations are to be designated by
the City Council. This ordinance would designate two such zones --
Cedar Cove Canal, the canal adjacent to Roseland Park and Cary
Bayou, from Raccoon Drive Bridge to Cedar Bayou. These are the
two areas where there have been complaints regarding problems
caused by wakes. The Administration recommended approval of the
ordinance.
Councilman Hutto questioned considering both these areas
in one ordinance since he had received two calls from residents
of the Cary Bayou area who stated that, as a whole, the residents
were not as concerned about wakes as had been mentioned earlier.
Therefore, he requested that these areas be considered separately
in order that the residents of the Cary Bayou area could make their
views known.
Councilman Kloesel moved to adopt the ordinance deleting
under Section 1, Item (b), Cary Bayou; Councilman Hutto seconded
the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2263
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, DESIGNATING CEDAR COVE CANAL AS
A NO WAKE ZONE; REPEALING ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR A PENALTY FOR THE VIOLATION
THEREOF; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Authorizing Sale of Utility Easement in Allenbrook
Subdivision
An error was make in the placement of the garage at 4005
Edgebrook which was discovered after the foundation was in place,
along with part of the building. The garage extends into the
6321
Minutes of the Regular Meeting - July 14, 1977
city's easement approximately 2.8 feet. Therefore, Alliance
Bible Church has requested that the city sell the portion of
the easement on which the garage is located. The value placed
on this portion of the easement by Glen Erwin, Tax Assessor -
Collector for the City of Baytown, is $100.00. The City would
be assured that, if in the future the city or any other legiti-
mate users of the easement, had to dig up their line, they would
not be held liable for any damage. This assurance is provided
in Section 1 of the ordinance which states that the sale is
conditioned upon the execution of a proper release and hold
harmless agreement.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2264
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ABANDONING A PORTION OF THE UTILITY
EASEMENT ADJACENT TO LOT 2, BLOCK 5, SECTION 1,
ALLENBROOK SUBDIVISION, BAYTOWN, HARRIS COUNTY,
TEXAS; AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE SUCH INSTRUMENTS AS ARE NECESSARY FOR SUCH
ABANDONMENT, IF ANY; AND PROVIDING FOR AN EFFECTIVE
DATE HEREOF.
Ordinance - Authorizing the Sale of City -Owned Property
There is a proposed patio -type subdivision just off Ward
Road behind the Fire Station. In order to acquire the necessary
right of way to dedicate this street, if he so desires, and to
provide a 900 angle at the point of intersection with Ward Road,
the owner of the subdivision, Mr. Branscome, has requested
authorization to purchase this property. The Tax Assessor -
Collector has appraised the fair market value of the property
to be $1,100.00. The Administration recommended approval of
the ordinance.
Councilman Lander moved to adopt the ordinance; Councilman
Kimmons seconded the motion.
Council expressed some concern with regard to the possibility
that this would be a private drive in that the city would not have
access for police or fire protection, but it was pointed out that
this would be the same situation as that of an apartment complex.
Councilman Kloesel felt that there was not sufficient time
to study the matter and moved to table the item until the next
meeting; the motion to table died for lack of second. The vote
follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: Councilman Kloesel
ORDINANCE NO. 2265
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF BAYTOWN, TEXAS, AUTHORIZING CONVEYANCE OF
CITY OWNED PROPERTY; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
6322
Minutes of the Regular Meeting - July 14, 1977
Ordinance - Limiting Maximum Gross Vehicle Axle Loads for
Vehicles Transporting Ready -Mixed Concrete within the
City of Baytown
The last legislature made some changes in the state law
which would increase the load limits for certain types of vehicles,
specifically ready -mix vehicles that would be operating on City
streets and state highways, other than the Interstate System.
If cities do not want these increased load limits to be applicable
in their city, then city councils must take action to prevent that
law from being effective. Material from the American Automobile
Association, a letter from the State Department of Highways and
Public Transporation, and a letter from Mayor Hofheinz regarding
this matter was included in the Council packets. Ken Powers,
City Engineer, has indicated that streets in the City of Baytown,
both concrete and asphalt, are not designed to handle the excessive
loads which would be permitted under this law.
Councilman Kloesed moved to adopt the ordinance; Councilman
Kimmons seconded the motion.
Councilman Cannon asked if this would be any more restrictive
than what the City was presently operating under. Mr. Lanham re-
sponded that the weights included in the proposed ordinance are
the weights which are now permitted on the city streets. The state
law provides for weight limits on all other trucks. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2266
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 18, "MOTOR
VEHICLES AND TRAFFIC," BY THE ADDITION OF A NEW
SECTION 18 -69 PRESCRIBING MAXIMUM WEIGHT LIMITATIONS
GOVERNING THE OPERATION OF VEHICLES USED TO TRANSPORT
READY -MIXED CONCRETE OVER PUBLIC HIGHWAYS MAINTAINED
BY THE CITY; PROVIDING FOR A PENALTY; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
HEREOF.
Ordinance - Authorizing Contract with Harris County for Public
Service Employment Program
The Council authorized the Administration to make application
for these funds, and notification has been received that the City's
application has been approved for $379,366.00 to cover the salaries
of 40 people for a period of one year. At the time the request was
made for Council authorization to make application for these funds,
the Administration had pointed out that there might be some diffi-
culty in filling these positions even if the funding was provided
due to the stringent guidelines. Since the application has been
approved, the Administration requested approval of the contract
in order that applicants who do qualify under those guidelines
might be employed. Among the eligibility requirements are:
(1) Persons receiving aid for dependent children;
(2) Persons who are recently discharged veterans who
have been unemployed since their discharge;
(3) Persons who have either been unemployed and have
received unemployment benefits for 15 weeks and have
exhausted those benefits, or persons who have been
unemployed for 15 weeks and because of the nature of
their previous employment have not been eligible for
unemployment benefits.
6323
Minutes of the Regular Meeting - July 14, 1977
(4) All these persons must fall within a general category
of having a combined family income which is approxi-
mately 708 of the poverty level standard for their
family size.
Councilman Kloesel was interested in learning exactly
what the persons employed under this program would be hired to
do. Dan Savage, Assistant City Manager, explained that there
are 40 positions which must be services which the city previously
did not provide, or an expansion of services. The persons hired
under this program will be employed through funding from this
program and when the funding ends, the city will not be respon-
sible for continuing their employment.
Councilman Kloesel moved to adopt the ordinance; Council-
man Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2267
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 BAYTOWN
TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS
COUNTY FOR A COMPREHENSIVE EMPLOYMENT AND TRAINING
ACT GRANT UNDER THE EMERGENCY JOBS AND EMPLOYMENT
ACT.
Ordinance - Authorizing a Contract with Langford Engineering/
Texas Transporation Institute for Consulting Services for
a Small Area Transit Study
The Council approved the selection of these firms several
weeks ago. The Consultants will gather information on travel
patterns on both I -10 and State Highway 225 between Baytown
and Houston. They will also survey major employers along the
ship channel to develop home -work travel patterns and identify
transit opportunities which might include both private and public
bus services. The cost of this project is $20,000.00 with 908
being funded by the federal government. The expected working
time is four months.
Councilman Hutto moved to adopt the ordinance; Council-
woman Wilbanks seconded the motion.
Council Kloesel stated that he was not in agreement with
the mileage . fee included in the budget detail for the project.
The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: Councilman Kloesel
ORDINANCE NO. 2265
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE MAYOR AND CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST
TO A CONTRACT WITH LANGFORD ENGINEERING, INC. FOR
CONSULTING SERVICES FOR A SMALL AREA TRANSIT STUDY
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
6324
Minutes of the Regular Meeting - July 14, 1977
Ordinance - Awarding the Contract for the Construction of Water
and Sewer Service Connections, Contract No. 77 -50
Two bids were received based on estimated quantities given
the bidders. The bid tabulation follows:
TOTAL $41,200.00
The water taps for both short and long side have increased
$5.00 over the present contract, but water service - no tap
has decreased from $10.00 to $1.00 and sewer taps for both
long and short side have decreased $15.00; also the hourly
rate has decreased from $40.00 to $25.00. The Administration
recommended approval of the low bidder, Savell Contractors, who
has been doing the work under the present contract.
In response to a question from Councilman Kloesel, Mr.
Lanham explained that most of the taps are being performed
by the contractor. Councilman Kloesel suggested that possibly
city personnel could be used to perform these taps. Council-
man Hutto pointed out that the city was unable to keep up with
the requests for taps prior to instituting the procedure of
contracting for this service and that he did not feel that the
city could do the work much more economically. Mr. Lanham
pointed out that by contracting for this service, city crews
were freed to repair water line breaks and to make sewer line
repairs. Councilman Hutto suggested that perhaps the city
could get into a program of this type for the repair of water
leaks. Mr. Lanham pointed out that water leaks could not be
corrected on unit price basis -- time and labor would be charged.
Councilman Kimmons moved to adopt the ordinance; Council-
man Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: Councilman Kloesel
ORDINANCE NO. 2269
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF SAVELL
CONTRACTORS FOR THE CONSTRUCTION OF WATER AND
SANITARY SEWER CONNECTIONS ON A UNIT PRICE BASIS,
WITH THE COMPENSATION TO BE PAID TO BE BASED UPON
THE ACTUAL NUMBER OF CONNECTIONS MADE AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Savell Contractors
Quantity
Unit Price
Total
1.
Water
Tap -
Short
Side
175
$
90.00
$15,750.00
2.
Water
Tap -
Long
Side
125
$100.00
$12,500.00
3.
Water
Service
- No
Tap
100
$
1.00
$ 100.00
4.
Sewer
Tap -
Short
Side
100
$
50.00
$ 5,000.00
S.
Sewer
Tap -
Long
Side
20
$
60.00
$ 1,200.00
6.
Hourly
Rates
225
$
25.00
$ 5,625.00
TOTAL
$40,175.00
Coastal Road Boring
Quantity
Unit Price
Total
1.
Water
Tap -
Short
Side
175
$
84.00
$14,000.00
2.
Water
Tap -
Long
Side
125
$
80.00
$10,000.00
3.
Water
Service
- No
Tap
100
$
10.00
$ 1,000.00
4.
Sewer
Tap -
Short
Side
100
$
60.00
$ 6,000.00
S.
Sewer
Tap -
Long
Side
20
$
60.00
$ 1,200.00
6.
Hourly
Rates
225
$
40.00
$ 9,000.00
TOTAL $41,200.00
The water taps for both short and long side have increased
$5.00 over the present contract, but water service - no tap
has decreased from $10.00 to $1.00 and sewer taps for both
long and short side have decreased $15.00; also the hourly
rate has decreased from $40.00 to $25.00. The Administration
recommended approval of the low bidder, Savell Contractors, who
has been doing the work under the present contract.
In response to a question from Councilman Kloesel, Mr.
Lanham explained that most of the taps are being performed
by the contractor. Councilman Kloesel suggested that possibly
city personnel could be used to perform these taps. Council-
man Hutto pointed out that the city was unable to keep up with
the requests for taps prior to instituting the procedure of
contracting for this service and that he did not feel that the
city could do the work much more economically. Mr. Lanham
pointed out that by contracting for this service, city crews
were freed to repair water line breaks and to make sewer line
repairs. Councilman Hutto suggested that perhaps the city
could get into a program of this type for the repair of water
leaks. Mr. Lanham pointed out that water leaks could not be
corrected on unit price basis -- time and labor would be charged.
Councilman Kimmons moved to adopt the ordinance; Council-
man Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: Councilman Kloesel
ORDINANCE NO. 2269
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF SAVELL
CONTRACTORS FOR THE CONSTRUCTION OF WATER AND
SANITARY SEWER CONNECTIONS ON A UNIT PRICE BASIS,
WITH THE COMPENSATION TO BE PAID TO BE BASED UPON
THE ACTUAL NUMBER OF CONNECTIONS MADE AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
6325
Minutes of the Regular Meeting - July 14, 1977
Ordinance - Final Payment of Sliplining Contract No. 76 -4
This is for the work that was done on Bob Smith Road,
Walker, and McPhail, plus three change orders for additional
work on lines along Sheridan, Fourth, Pearce, and Williams.
The original contract, plus the change orders, was $171,208.00;
the final cost is $161,089.25 or an underrun in excess of
$10,000.00. The Administration recommended final payment.
Councilman Lander moved to adopt the ordinance; Council-
man Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2270
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING AND ACCEPTING THE SLIP -
LINING OF SANITARY SEWER LINES BY CHANNEL CONSTRUC-
TION COMPANY, INC. FINDING THAT THE WORK HAS BEEN
PERFORMED IN ACCORDANCE WITH THE TERMS OF THE CON-
TRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE
OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT
TO THE SAID CHANNEL CONSTRUCTION COMPANY, INC. AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Detailed Plans and Specifications for Phase II Development of
the Baytown Sports Complex
Jim Hutchinson, with Busch, Hutchinson $ Associates, Inc.,
was present to discuss the plans and specifications for Phase II
Development of the Baytown Sports Complex. As a financial review,
Mr. Lanham explained that $353,000.00 had been earmarked for improve-
ments to the Sports Complex. Included in this figure was $138,000
for a small building with the remainder of the funds being used for
ball diamonds, tennis courts, and parking areas. Mr. Hutchinson
explained that the new ball fields that were being proposed are
a duplication of the two existing ball fields. In addition to
the ball fields, there are some pathways proposed to connect the
ball fields with an existing and improved parking lot and a new
parking lot. Two tennis courts are to be built adjacent to or
backing up to the existing tennis courts. Another item to be
included in this contract is the maintenance building which will
be added to the chlorine pump building now in existence. Mayor
Gentry inquired what kind of participation was being received in
the swimming program at the complex. Mr. Rountree, Director of
Parks & Recreation, said that participation had increased 3,000
over last year. In response to a question concerning the parking
areas, Mr. Hutchinson explained that the parking area now existing
is shell and that the plan was to rework the shell, stabilize it,
and put down a base to create a hard - surface parking area. Then,
to the right of that the new parking area will also be asphalt.
Mr. Hutchinson then briefly discussed the scorekeeper's building,
the maintenance building discussed earlier, the construction details
for the tennis courts, and electrical drawings. He pointed out that
the tennis courts would be lighted similar to the existing courts,
but alternate bids would be requested for metal haylite lights; at
present quartz lights are being used. Alternate bids will be requested
with regard . to the type stands for the lights; as present wooden poles
are being used, but the alternate request will be for steel poles.
Mayor Gentry questioned where the baseball fields which are
to be built at the Jenkins - Holloway Park are to be located and if
these fields are to be lighted. Mr. Rountree said that the fields
would be located near the Sjolander side of the park and that they
would be lighted.
6326
Minutes of the Regular Meeting - July 14, 1977
Mr. Lanham explained that these plans must be forwarded to
the Parks $ Wildlife Department for their review. The Adminis-
tration requested Council approval of the plans, with authorization
to advertise for bids, unless the Parks $ Wildlife Department makes
changes in the plans.
Councilman Hutto moved for the approval of the plans, with
authorization to advertise for bids, unless the Parks & Wildlife
Department makes changes in the plans; Councilman Kimmons seconded
the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon -
Mayor Gentry
Nays: None
Reject bids for Sandblasting and Painting Steel Structures at the
West Main Sewage Treatment Plant
The Adminstration had estimated the cost for sandblasting and
painting steel structures at the West Main Sewage Treatment Plant
to be approximately $4,000.00. Coastal Tank Lining was the only
company to bid for the amount of $7,325.00. The Administration
felt that by rejecting this bid, more bids would be received which
would be more competitive. The recommendation was to reject the
one bid received and to readvertise.
Councilman Kloesel moved to reject the bid of Coastal Tank
Lining and to readvertise for bids; Councilman Lander seconded
the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Kimmons, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Committee Reuorts
None
Unfinished Business
None
Recess and Reconvene
The Mayor recessed the open meeting into executive session for
the discussion of land acquisition. When the open meeting reconvened,
Councilwoman Wilbanks moved to authorize the Administration to make
an offer for the acquisition of park land on certain tracts of land,
those being the Barcelona, McCandless, Crawford, Nacole, Casey and
Graham Tracts, based on the low appraisal; Councilman Hutto seconded
the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon
Mayor Gentry
Nays: Councilman Kloesel
Adj ourn
There being no further business to transact, Councilman Kimmons
moved to adjourn; Councilman Lander seconded the motion. The vote
was unanimous in favor of adjourning.
P
Eileen P. Hall, City Clerk