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1977 08 11 CC Minutes70811 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 11, 1977 The City Council of the City of Baytown, Texas, met in regular session Thursday, August 11, 1977, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Councilman Jack Kimmons Councilman Ted Kloesel Councilman Mary E. Wilbanks Councilwoman Emmett Hutto Councilman Allen Cannon Councilman Tom Gentry Mayor Fritz Lanham City Manager Dan Savage Asst. City Manager Neel Richardson City Attorney Eileen P. Hall City Clerk Mayor Gentry called the meeting to order, and the invocation was offered by Reverend Charles P. Godbey, Pastor of Grace Methodist Church. Approve Minutes Councilman Hutto asked that a correction be made to the minutes to delete his name from the vote taken on the approval of the plans and specifications for the Community Center air conditioning and heating system because he was not present at that meeting. Councilman Kimmons moved to approve the minutes of the regular meeting of July 28, 1977, as corrected, 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 Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Receive Petitions None. City Manager's Report The Administration has received a letter from the State Highway Department as a result of Baytown's appearance before the Commission on August 1, 1977. Mr. Lanham read two paragraphs of the letter which indicated that the Commission had referred the matter to their staff for further study. The letter also stated that a recommendation would be made to the Commission within 30 -60 days and the City of Baytarwn will be notified of its findings. This time period will give sufficient time to make a determination regarding possible funding and scheduling since a project of this magnitude and environmental complexity will require a great amount of time to complete the preliminary steps necessary before consideration could be given to possible construction. Council has been provided with a letter from Entex which shows a slight decrease in the cost of gas from their supplier which will be passed on to the consumers. This is a decrease of 1.030 per 100 cubic feet from the previous adjustment which will result in an approximate 700 decrease in each residential bill. A representative of Diamond Shamrock has contacted the Administration about the possibility of acquiring an easement across the islands in Burnett -Scott Bay. Neel Richardson, City Attorney, has advised the Administration that it will be necessary to take bids for this easement. Therefore, the Administration requested permission to advertise for bids for that purpose. 70811 -2 Minutes of the Regular Meeting - August 11, 1977 Councilman Cannon inquired what claim the City would have to this property, and Mr. Lanham responded that the area had been given to the City. In response to a question from Councilwoman Wilbanks, Mr. Lanham explained that the City was required by law to take bids for this type easement. Council concurred with the Administration's request to receive bids for this property. Budget Sessions - Budget sessions have been scheduled to begin Monday, August 15, at 7:00 p.m. In order that Council might be ready to adopt the budget at the first meeting in September, Mr. Lanham inquired if Council would want to schedule the public hearing for the next regular meeting on August 25. Council had no objections. The budget sessions will be held Monday, August 15, 1977, at 7:00 p.m. and Tuesday, August 16, 1977, at 6:00 p.m. For the benefit of those who were not present at the last meeting, Mayor Gentry explained that these two meetings were scheduled and, if more sessions were needed, Council could set the dates at that time. Mr. Lanham explained that the various Public Works Departments such as Streets and Drainage, Municipal Service Cetner, as well as the Police Department, would be scheduled for the first session. If time is available, several of the smaller departments can be considered. Bayway Drive Water Line - The contractor has completed about 90% of the clearing required and has completed the wood piling for the trestle over the water near Burnett School. Market Street Bridge - The fill operation is about 70% complete. This means that the contractor has an average of 1 -14-2 feet more fill to bring it up to the required elevation of 16 feet. The sheet piling for the ramp into the school parking lot is in place and some of the fill has started there. The contractor has installed about 400 feet of 36" storm sewer in front of the school. The fill operation should be virtually complete next week. The pile drivings for the bridge should commence in three to four weeks. Sliplining Projects - All the work along Narcille has been completed with the exception of cleanup. One thousand four hundred fifty feet of 6" liner has been installed along Ward, Beaumont, and Terrace Streets, and the service connections have been made. The contractor has also in- stalled about 700 feet of 5" liner between Patsy and Fortune. The service connections for these locations should be completed next week. Community Development Project - One thousand seven hundred feet of sidewalks have been constructed along Texas Avenue. The contractor is building the inlets on Gulf and Humble Streets and is installing the leads across Gulf. The pipe for the main lines is in place. Street Improvement Program - Asphalt has been laid on State and Francis Streets. The lime subgrade work has been completed on Eighth Street, and cement stabilized base should begin the first of the week. About 50% of the concrete work has been completed on Jones Street. About 15% of the Street Improvement Program has been completed. Sludge Dewatering Facilities - East District Sewage Treatment Plant - The underground piping is about 95 %-complete. The underground structural work has been completed. The total project is about 25% complete. Traffic Signals - It is expected that the new signals on North Main at Texas, Defee and Sterling will be in operation by the end of next week. Texas Water Quality Board - The Administration received notification today that the Texas Water Quality Board approved the City's application for a permit to discharge waste in the San Jacinto River from the proposed West District Sewage Treatment Plant. City Employees', Annual Picnic - The City Employees' Picnic is scheduled for August 26 at 6:00 p.m. 70811 -3 Minutes of the Regular Meeting - August 11, 1977 Revenue Sharing Public Hearing - The Administration inquired if the City Council would like to schedule the Revenue Sharing Hearing -at the same time as the budget hearing on August 25. Council had no objections to holding the hearings at the same meeting. Questions or Comments Regarding the City Manager's Report Mrs. Wilbanks stated that she had hoped that Baker Road near Decker Drive could be cleaned and a walkway established so that students could 7 walk safely to and from Pumphrey Elementary when school starts this month. She asked that the Administration contact the County in that regard. Councilman Kloesel requested that consideration of a railroad crossing at Beech Street be placed on the agenda for the next meeting of the Council's Traffic Committee. He also stated that he had received complaints concerning the Southern Pacific crossing at Airhart Drive being out of order for the past two weeks. Councilman Kloesel also requested that the walkway /bikeway across Goose Creek Stream at West Main be on the agenda. He stated that the Highway Department is almost through with the intersection at that location, and he indicated that he would like the Highway Department to consider walk- ways along that area in case Council should decide to construct a walkway. Councilman Kloesel requested that the City Attorney prepare a policy or a legal opinion concerning the use of patrol cars in private enterprise. Councilman Hutto stated that at the intersection of Decker Drive and Baker Road there was a 50 -60 foot strip of blacktop that extends out into Decker Drive. This 2 -inch thick blacktop makes a very rough intersection for persons traveling across Decker Drive on Baker Road. He requested that the government agency responsible be contacted about leveling out this area so that traffic may travel more smoothly. Councilman Hutto stated that he had received numerous calls regarding the clearing of the right of way for the Bayway Drive Water Line. He said that the contractor took equipment and cleared away all the trees and shrubs, as well as the debris, which has resulted in an eyesore in this area. He stated that evidently there was not proper supervision when the area was being cleared and that perhaps the City could have acquired an easement from Exxon to go inside the fence for a short period of time so that right of way would not have been torn up. Councilman Kloesel stated that he has received complaints about the police department confining persons in jail for minor violations such as defective tail lights, defective exhaust systems, and etc. He inquired if the Police Department had an administrative policy concerning this type matter or was it a judgment factor on the part of the officer. Mr. Lanham stated that this was a judgment factor. Progress Report - Airport Study Jim Hutchison of Busch, Hutchison and Associates, stated that his firm had acquired the help of URS /Forrest and Cotton, Inc., who had great expertise in this field. Mr. Chuck Willis of URS /Forrest and Cotton, Inc., along with Mr. Bob Brosch, were present to review the progress of the airport study. Mr. Hutchison presented Council with copies of the report to be shown on slides, along with a questionnaire to be circulated in the area to aid in collection of information for the study. Four basic types of airports identified by the FAA are: General Utility, without a precision approach; General Utility, with a precision approach; Basic Transport Airport, with a non - precision approach; and Basic Transport Airport, with a precision approach. These airports have different characteristics such as the runway length, runway strength, runway width, size of terminal area, but most important the land area required to accommodate the airport. The General Utility Airport is an airport which mainly supports general aviation. It has basic facilities— aprons, taxiways, terminal. areas, etc., but is at much smaller a scale than the transport category. Transport does not mean that you necessarily have transport airplanes, but it falls into a very detailed set of criteria which the FAA uses to define the two airports. 70811 -4 Minutes of the Regular Meeting - August 11, 1977 Generally, the transport airport is used for higher types of operation- - they will have more precision landing edge, for example heavier paving. Mr. Willis ,stated that the airport that should be developed for Baytown at the present time should be in the basic General Utility Category which could eventually progress into a Basic Transport Airport. The length of the runway for the General Utility Airport is 4100 feet, and the length for the Transport Airport is 5000 feet. The Consultant stated that for some time to come the length of 4100 feet would be more than adequate, therefore, based on the statistical data that has been developed, the General Utility Airport would be adequate. That implies that a minimum of 290 acres would be needed. In response to a question from Mayor Gentry, Mr. Willis explained that the City should first use the General Utility Airport with a precision runway. The 290 acres would be sufficient in gross area, but not necessarily in precise configuration. This 290 acres would be adequate to use for the Basic Transport Airport, which is shown on the chart as a 200 -acre facility; however, this would not include the precision approach. Precision approach means a full - instrument capability on the airport. This means during very low conditions of ceiling or visibility that you will be able to accommodate traffic. This generally implies either instrument Landing System (ILS) - -that could be either a full system with height and longitudinal or centerline guidance or it can have a localizer which is just centerline guidance. Mr. Willis explained that his firm has recognized numerous sites that would be equivalent at the present time in terms of capability to support air operations. Mr. Willis explained that his firm will not be in a position to make a recommendation on a specific site or sites for some time because there are many factors involved. Mr. Willis hopes to assist Council in making a decision within 30 to 45 days and stressed the fact that Council will be making the final decision. Mr. Willis also commented that his firm has not said that the existing airport is inadequate. They will try to provide Council with a cost data and develop as much information as they can with each site and get back to Council in the very near future. In response to questions from Council, Mr. Willis explained that the aircraft was fixed -wing aircraft; no helicopters. Mr. Willis was unable to give a preliminary cost range; he said that he could only give historical information about the cost and felt that this would not be good to do at this time. He also explained that the breakdown of fleet would be statistical at this time because he did not have the exact figures with him. Councilwoman Wilbanks inquired if will be on display for public review. copies distributed at the airports. copies of this report and questionnaire Mr. Willis replied that there will be A more detailed report and description of the progress report on the airport study is on file in the City Clerk's office. Representative of the Baytown Police Association Did Not Appear The representative of the Baytown Police Association chose not to appear at this time. Leroy Walker Did Not Appear Discussion of Magnolia Cemetery Councilman Kloesel requested that this item be placed on the agenda. Councilman Kloesel requested that Council authorize the Administration to appoint a committee to study the problems involving Magnolia Cemetery. 70811 -5 Minutes of the Regular Meeting - August 11, 1977 Magnolia Cemetery is located behind the Houston Lighting and Power Company Service Center on Ward Road and between Third and Fourth Streets. Councilman Kloesel stated that there is some question about the ownership, even though there is an individual paying taxes on this piece of property at the present time. His concern at present is to have the Council insure that this plot remain as a cemetery and permit people that have relatives or friends buried there to visit the cemetery. Councilman Kloesel has been informed by the residents of the neighborhood and some of the people who have members of their families buried there that they cannot visit this site because it is not being maintained and the grave markers have been desecrated or destroyed. One possibility suggested in the past was for the Parks Department to dedicate this cemetery as a park and maintain it as such. It is Councilmen Kloesel's understanding that there is no group or organization to maintain this cemetery, and he would like the City of Baytown to maintain it. He felt that it would not be too great a cost. In response to questions from Council, Mr. Richardson, City Attorney, responded that there is a great deal of state law concerning cemeteries, but the law does not set forth what a city must do. Most of the law concerning cemeteries is to the effect if the cemetery is dedicated as a cemetery, it may become a nuisance and may be moved with a great deal of legal effort. It also deals with who can maintain them and there is a possibility of using portions that are not being used for burial purposes as a park but although there is a great deal of law, not very much of it tells what a city must do. There are a few statutes that tell what you may do. It takes a great deal of effort contacting heirs, etc. Mayor Gentry commented that there are many questions unanswered and felt there needs to be some research done to get a more definitive picture of the situation and suggested that the Administration come back to Council with a recommendation on members of a committee who could be charged with getting the background information on this, together with the Administration. Then the Administration can come back to Council with the amount of acreage involved and what the situation is, what the law is and being Council up to date on the status of the cemetery so Council can talk about it more intelligently. Mr. Jack Hagee asked to be recognized. Members of Mr. Rages's family are buried in Magnolia Cemetery. He said that his family has tried to go out and find his grandfather's grave, but the stone has been removed and horses are grazing on top of where the grave is thought to be. Barns have been built on the graveyard itself. Mr. Hagee also commented that this is not the first time the cemetery problem has been brought before the City Council. He explained that having members of his family buried there, the cemetery is a sacred place to him and his family. Mr. W. 0. Tidmon asked to be recognized. Mr. Tidmon said that Magnolia Cemetery was used from February, 1921 to 1932 or 1933. He explained that he has part of his family buried there and many friends. The condition of Magnolia Cemetery was brough to Mr. Tidmon's attention in 1961 when he was on the Harris County Grand Jury. Mr. Tidmon volunteered to assist the City in any way he could to resolve the problems and also said he would appreciate anything that could be done. Councilman Lander inquired about the ownership of this piece of property. Mrs. B. M. Holland of 321 East Alford responded that she claims ownership of the land. She said she has never denied anyone access except children who were trying to tear up the property. The property has been kept by Mrs. Holland and her family since 1947. She commented that they bought the land from Mr. Wright who told her that this piece of land was condemned as a cemetery. Mr. Wright told her that she would be taxed only on the land that did not contain graves. Mrs. Holland said she has tried everyway in the world to find out where the graves are located. Mayor Gentry commented that perhaps if the City can get into an inten- sive research of that situation and property, it may clear up the problem that others have with their families buried there, as well as Mrs. Holland's right to this property. 70811 -6 Minutes of the Regular Meeting - August 11, 1977 Councilman Kloesel asked if there were horses on this property. Mrs. Holland explained that the horses are fenced in and she does not know if there is a grave within the fenced area. Mayor Gentry commented that this is all things that a committee may ascertain very easily rather than speculating at this point. Mrs. Holland explained that this land was nothing but a wilderness when her family bought it, and they have spent all these years cleaning up the land. Jack Ford, Jr., asked to be recognized. Mr. Ford said that he has lived in Baytown for almost 52 years and he never recalls a cemetery being condemned in this area. He commehted that he has spoke with the Parks Department many times about getting a fence built around a cemetery on Bayway Drive. Mrs. Vada Hagee asked to speak. Mrs. Hagee explained that her father is buried at Magnolia Cemetery, and after returning to this area after many year, Mrs. Hagee and her family went to visit her father's grave and found that there is not but one marker left in the entire cemetery that can be identified. Mrs. Hagee explained that she had been informed that the markers had been removed and stacked in a pile. She said that personally she would be pleased to have the City dedicate the cemetery as a park area and maintain it. Councilman Kloesel moved that Council appoint a committee of five members to study the Magnolia Cemetery problem; Councilman Hutto seconded the motion. Council asked the Administration to come back to Council with a recommendation for a committee made up of 5 people. Mayor Gentry recognized Mrs. Bertha Haltom, who asked to speak. Mrs. Haltom is Mrs. Holland's daughter and she commented that her mother has never torn down any tombstones. She commented that her family has loved ones buried elsewhere, and they, too, have been concerned about this situation. Mrs. Haltom remembers the times that her mother and others have gone out and carried trash away that neighbors have thrown on the cemetery. Mrs. Haltom explained that her mother has tried to locate a map many times but has had no luck in locating the grave markers. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Mr. Ronald Gersteman Appeared Mr. Gersteman presented Council with a copy of the form letter that he had received from the Health Department about the mowing of his property and photos taken of high weeds in the City. Mr. Gertseman felt that he is being harressed by the City Health Department. Mr. Gertseman explained that he received a letter through registered mail informing him that his lot needed mowing on May 16, 1977. Within a period of 30 days, the lot was mowed and he had received another letter to mow his property again. Mr. Gertseman felt that his rights hre being violated because there are many places that have not been mowed in years in the City. He does not feel that his lot is a health hazard because it was mowed a few weeks ago. He commented that the City should mow every lot in Baytown that needs mowing before mowing his property again. He explained that the Health Department told him that there are 3,200 lots that need to be mowed and the City gets around to the easiest ones first. He said his lot is easy to mow because it has no trees or trash. 70811 -7 Minutes of the Regular Meeting - August 11, 1977 In response to questions from Council, Mr. Lanham explained that the mowing program has been in existence for 20 years, and that the City expands the area to be mowed as the City expands. Mr. Lanham explained that this particular lot is located in the Pelly area near the old business area. In 1976, the City contracted approximately 1800 lots to be mowed. Lots usually are cut three or four times a year. If an owner does not want to do the mowing, the City's contractor will do it, and the owner will be billed. Mr. Ellis Ford has been the City's mowing contractor for years. Mr. Gertseman, who is registered in the state as a custom landscape artise, suggested an investigation be held in regard to the City's mowing operations. In response to Mr. Gertseman's complaints, Mayor Gentry commented even though there may be worse places that need mowing, that does not relieve Mr. Gertseman of his responsibility. Mayor Gentry commented that Mr. Gertseman was proper in bringing his complaint to Council, but explained that is he does not mow his lot, the City will, even if there are lots with weeds higher than Mr. Gertseman. Council felt that possibly the City should try taking bids on the mowing of property and that the program should be implemented on a fair basis. Mayor Gentry commented that he wanted to get everyone to cut their weeds including Mr. Gertseman if he is in violation of the ordinance. Council asked the Administration to check into the mowing problem and the time factor involved in administering this fairly. Council commented that in cases concerning trees on lots that will make it hard to get around the property and the amount of square footage, there should be some way for the expense to be passed along in the lien to the property owners in order for the City to be reimbursed; this may mean resorting to hand mowing. Ordinance - Consider Deleting the Sidewalk Requirements from the Subdivision Ordinance and Adding It to the Building Code Mr. Lanbam explained that this is a follow up on an item that was on the agenda about a month ago. Representatives of the Home Builders appeared and indicated if the City is to require sidewalks, it would be their recommendation that sidewalks be made the responsibility of the builder, which pointed out the fact that this would give the City the tools needed to enforce such a requirement. The installation of sidewalks being the responsibility of the subdivider and there being no specific time in the development process at which sidewalks must be installed, allows for some confustion and the possi- bility of error. The Administration has prepared an ordinance that would change the policy which would provide that any person desiring a building permit for the construction of a residential structure in a subdivision given final approval by the Planning Commission after the effective date of this ordinance shall construct sidewalks meeting the standards as set forth in Section 26 of the Code of Ordinances. It would provide that the building inspector be responsible for administering the provisions of the ordinance. It would give the Chief Inspector the authority to waive sidewalks along side lots. Presently, the Planning Commission has that authority. Also the ordinance provides that if for any other reason the building inspector determines that a sidewalk would serve no useful purpose, he may waiver the requirement. Decisions of the chief building inspector may be appealed to the City Council. Councilman Kloesel moved that this ordinance be adopted with a change in Section 7 -41, "Exceptions," substituting City Council for chief building inspector in two places, and also delete the last paragraph in Section 7 -41. The motion died for lack of a second. 70811 -8 Minutes of the Regular Meeting - August 11, 1977 Councilman Kimmons moved for the adoption of the ordinance; Councilman Lander seconded the motion. Mr. Lanham pointed out that Chapter 27, which has to do with subdivisions, relating to sidewalks will remain in effect for those subdivisions that have not reached the point of getting final approval of the subdivision plat by the Planning Commission. Mr. Lanham went on to say that the change over will be at the point of the final approval of the Planning Commission of the plat. This is when the new ordinance will apply. 7 In response to questions from Council, Mr. Richardson, City Attorney, explained that anyone affected by a decision on an exception granted by the city inspector can appeal to the City Council. Councilman Kloesel felt that by this ordinance too much power would be installed in the hands of the building inspector. Councilman Lander disagreed because he felt that the chief inspector was in a better position to make these decisions than the Council. Jerry Don Smith, President of the Baytown Home Builders Association, thought that the new ordinance had a good point in regard to granting exceptions. He said there are certain lots with a gully where it is virtually impossible to build sidewalks. Mr. Smith felt that at the time the developer submits his plans for a subdivision it might be less of a discretion working with the Planning Commission, possibly to pur the side- walks in or not in particular subdivisions. He commented that there are many fine subdivisions in Baytown that do not have sidewalks. Leaving out sidewalks could keep the cost down on homes. Mr. Smith felt that the money spent on sidewalks might better be spent on energy saving devices like thermo -pane windows. He felt that there are many aspects to consider and it would be best to let the developer decide whether he wants sidewalks or not. Mr. Jack Ford, Jr., asked if he could comment. Mr. Ford said he was inclined to believe that the City Council cannot tent to all the matters needed within the City. The vote follows: Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon Nays: Councilman Kloesel Mayor Gentry ORDINANCE NO. 2279 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOW , TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 27, "BUILDINGS," BY THE ADDITION OF A NEW ARTICLE IV REQUIRING SIDEWALKS; PROVIDING FOR EXCEPTIONS; PROVIDING FOR ADMIN- ISTRATION AND ENFORCEMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICA- TION AND EFFECTIVE DATE HEREOF. Ordinance - Amending Chapter 26 of the Code of Ordinances Specifying New Standards for Sidewalks and Driveways The Administration explained that the ordinance that had been prepared pertains to sidewalks only and that specifications and standards for drive- ways will be presented at a later time. These standards for sidewalks are for the guidance of the City and for the people who are building sidewalks. In regard to thickness- -the change would be to build sidewalks with 4" re- -_ inforced concrete instead of the present 41" of concrete. There would be no change in the section concerning the expansion joints. The new sections concerning the reinforcement with curb ramps and construction location are all new. This would provide for #6 gauge wire that measures six inches by six inches that are #3 bar wires on two foot centers and the width would be 4 inches unless otherwise specified for curb ramps for wheelchairs which is a requirement of the federal government. This is also required for all new streets. 70811 -9 Minutes of the Regular Meeting - August 11, 1977 In response to questions from Council, Ken Powers, City Engineer, explained that driveways cannot be substituted as a curb ramp, the ramps are installed at the end of a block in both business and residential sections. This is a federal law. All sidewalks will be constructed in a manner that will be acceptable to the City Building Inspector for final acceptance. Sidewalks will be located at the property line or in a way directed by the City Building Inspector. Attached to the ordinance is a sketch of these standards. Councilman Kloesel moved that this ordinance be adopted. Councilman Hutto seconded the motion. Councilman Cannon commented that at present the cost for installing sidewalks is $400.00 per lot and expressed his concern about the increase in cost when adding these standards. Mr. Joe Aylor was recognized by Council. He explained that the cost would be increased by about 20 %. He pointed out that the Veterans Administration and Federal Housing Authority standards do not require reinforcement, and he felt that sand cushion would be adequate. He also commented that reinforcement would be totally wasted. Mr. Aylor said that he has been pouring driveways for many years without reinforcement. Both Veterans Administration and Federal Housing Authority permit the pouring of driveways and sidewalks on a sand cushion providing that the expansion joints are within segmentation. He felt that it would be worthwhile for Council to consider this because there will be a great deal more money involved. Councilwoman Wilbanks inquired if the soil conditions in Baytown would imply the need for reinforcement. Mr. Aylor explained that when the sand cushion is added, it would eliminate the soil condition. In response to questions from Council, Mr. Walker explained that in Houston, they do not use reinforcement in either driveways or sidewalks. Councilman Cannon inquired if there is a particular reason that the City is enforcing stronger requirements than the Veterans Administration or Federal Housing Authority. Mr. Lanham commented that the City's Engineering Department felt reinforcement is desirable and in face the sidewalks being built along West Texas Avenue have this reinforcement. The City Engineer commented that not only sidewalks being designed by the City's Engineering Department, but also sidewalks designed by the City's Consulting Engineers have steel in them. He explained that you get what you pay for, and in behalf of the City and himself, he felt it would be for the citizen's benefit to pay a little extra cost and get steel in these side- walks and driveways. He pointed out that within the City, the driveways in older subdivisions without reinforcement have deteriorated over the years. He pointed out that the bids taken on the West Texas Avenue Sidewalk Project came in at $6.00 per foot. Councilman Cannon asked for an opinion from the City Engineer about the type of soil here in Baytown. Mr. Powers explained he felt the sand would not stay in place over the yeras due to the different climates in this area. He said if the sand does not stay in place over the years, it will be the City's responsibility to go out and repair this situation. He felt the builders are looking out for the price of their homes. He hopes that someday the standards of the Federal Housing Authority will be changed to meet this requirement. Councilman Kimmons and Councilwoman Wilbanks asked for a cost differen- tial in putting sidewalks in with reinforcement and putting them in without reinforcement. Councilman Kimmons moved to table this ordinance until the Administration can get further information on this matter; Councilman Kloesel seconded the motion. 70811 -10 Minutes of the Regular Meeting - August 11, 1977 The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Ordinance - Authorizing the Abandonment of a Five -Foot Utility Easement in Wooster Terrace Subdivision The Administration was not ready to act on this item at the present time. Ordinance - Authorizing the Execution of an Inter -Local Agreement with Harris County for Jail Services The Administration explained that this contract would be for an eight - month period expiring December 31, 1977. In the past these agreements were for a one -year period, but this year the County asked that it be an eight - month contract in order to be consistent with their fiscal year. During this eight -month period, the County will pay the City $37,493.36 for jail services. On an annual basis this would represent approximately a $2,000.00 increase over the previous contract. The Administration recommended approval of the contract. Councilman Lander moved to adopt the ordinance; Councilman Kloesel seconded the motion. In response to questions from Council, Bo Turner, Chief of Police, said there has been a definite increase of approximately 15% in jail population over the past year. The Police Department has included this in their budget. Council suggested the increase be allocated proportionately next year between the City and County. Mr. Jack Ford, Jr., commented that the gross problem is that there are too many people unemployed and this is what is causing the jail population to increase. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2280 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF � :YTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH HARRIS COUNTY PROVIDING FOR A JOINT PARTICIPATION BETWEEN THE CITY AND THE COUNTY WITH REGARD TO FURNISHING, MAINTENANCE, AND OPERATION OF JOINT JAIL FACILITIES AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Mayor Gentry called a ten minute recess. Ordinance - Repealing the Provisions of Section 18 -61 of the Code of Ordinances as Presently Constituted and Substituting the Provisions of a New Section 18 -61, "Transportation of Certain Loose Materials" This is to correct a mistake that resulted from an ordinance adopted recently. Several months ago, Council adopted a revised section of the Code relating to the transportation of loose materials. Prior to the adoption of this ordinance, it was illegal for a person to operate vehicles on any street, if any type of material extended above the sideboards. When the ordinance was changed, the provisions applied to only loose materials which are defined in this section. Some time after that, Council adopted a 70811 -11 Minutes of the Regular Meeting - August 11, 1977 new Chapter 18 of the Code pertaining to "Motor Vehicles and Traffic." This chapter was a comprehensive section that included a number of things and the Administration accidently included in this chapter, provisions that in effect repealed the section regarding transportation of loose materials. In response to questions from Council, Mr. Lanham read Chapter 18, Y Section D. Mr. Lanham explained that this new ordinance only applies to loose {[/� materials such as sand, gravel, dirt, wood chips, etc. It does not apply to tree limbs, brush, concrete blocks, clay, etc. The Administration recommended approval of this ordinance. Councilman Cannon moved for the adoption of this ordinance; Councilman Sander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," ARTICLE VII, REGULATION OF TRAFFIC GENERALLY, SECTION 18 -61, BY REPEALING THIS SECTION AS PRESENTLY CONSTITUTED AND SUBSTITUTING IN ITS PLACE A NEW SECTION 18 -61; PRO- VIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED ($200.00) DOLLARS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Councilman Kloesel inquired about Item 10, and Mayor Gentry responded that the Administration was not ready to act on this item at the present time. Ordinance - Authorizing Release of Lease and Easement Rights of the City of Baytown in the Abandoned Sewage Treatment Plant Site in the Exxon Refinery This sewage treatment plant has been abandoned and cleared away, and the City Attorney felt the document that granted the City the easement years ago did what we are being asked to do here, but Exxon's Attorney would like an instrument formally releasing the City's rights. The administration recommended approval of the ordinance. Councilman Kimmons moved for the adoption of this 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. 2282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOFN, TEXAS, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AND ATTEST TO A RELEASE OF LEASE AND EASEMENT RIGHTS OF THE CITY OF BAYTO N IN THE ABANDONED SEWAGE TREATMENT PLANT SITE IN THE EXXON REFINERY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding Bid for Purchase of Chlorine This is the estimated quantity of chlorine needed for one year . Three bids were received. The bid tabulation follows: 70811 -12 Minutes of the Regular Meeting - August 11, 1977 DIXIE CHEMICAL CO. Item quantity Description Unit Price Total Price 1 300,000 lb. One Ton Cylinders Chlorine 2 75,000 lb. 150 lb. Cylinders Chlorine TOTAL BID NOTE: $400 deposit on one -ton cylinders. $ 50 deposit on 150# cylinders. Item Quantity Description 1 300,000 lb. One Ton Cylinders Chlorine 2 75,000 lb. 150 lb. Cylinders Chlorine TOTAL BID Item Quantity Description 1 300,000 lb. One Ton Cylinders Chlorine 2 75,000 lb. 150 lb. Cylinders Chlorine TOTAL BID $ 0.1050 $ 31,500.00 $ 0.1770 $ 13,275.00 $ 44,775.00 JONES CHEMICALS. INC. Unit Price Total Price $ 0.1100 $ 33,000.00 $ 0.1800 $ 13,500.00 $ 46,500.00 SEC CORPORATION t t., 4 + R.; .. o No Bid $ 0.2685 Total Price -0- $ 20,137.50 $ 20,137.50 The low bidder, Dixie Chemical Company, requires a deposit of $400.00 for one -ton cylinders and $50.00 for 150 -1b. cylinders. Based on the City's needs, this would involve a deposit of about $7,750.00. In view of that requirement, the Administration felt that the bid of Jones Chemicals, Inc., is the better bid and recommended awarding the bid to Jones Chemicals,_Inc. Councilman Kloesel moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2283 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF JONES CHEMICALS, INC. FOR THE PURCHASE OF ESTIMATED QUANTITIES OF CHLORINE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding Bid for Purchase of Calcium Hypochlorite The Administration received five bids on the estimated annual supply of calcium hypochlorite. The tabulation follows: Quantity Description THOMPSON- HAYWARD CHEMICALS Unit Price Total Price 10,000 lb. Calcium Hypochlorite $ 0.5639 $ 5,639.00 NOTE: Price firm for 90 days. 70811 -13 Minutes of the Regular Meeting - August 11, 1977 NOTE: Price can change with 30 -day written notice. DIXIE CHEMICAL CO. Quantity Description Unit Price Total Price 10,000 lb. Calcium Hypochlorite $ 0.6265 $ 6,265.00 NOTE: Prices can change with 30 -day written notice. The low bid was that of Thompson - Hayward Chemicals. The Administration recommended awarding the bid to the low bidder. Councilman Kimmons moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2284 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF THOMPSON- HAYWARD CHEMICAL COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF CALCIUM HYPOCHLORITE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding Bid for Purchase of Flexible Base Material Five bids were received for the purchase of the City's estimated annual supply of flexible material. The bid tabulation follows: ALANCO ENTERPRISES PARKER BROTHERS & CO. Quantity Description Unit Price Total Price Unit Price Total Price 7,000 tons Stockpile $ 8.00 $ 56,000.00 $ 8.00 $ 56 000.00 Est. Plantsite $ 3.00 $ 21,000.00 $ 6.00 $ 42,000.00 SUPPLY LOCATION: Evergreen, Texas DISTANCE FROM 1200 LEE DRIVE TO PLANTSITE: 65 miles 2000 Hwy. 3 17 miles NOTE: Did not bid material Any freight increase will requested. be added to quoted prices. JONES CHEMICALS, INC. Quantity Description Unit Price Total Price 10,000 1b. Calcium Hypochlorite $ 0.5900 $ 5,900.00 NOTE: Price firm for 90 days. VAN WATERS AND ROGERS Quantity Description Unit Price Total Price 10,000 lb. Calcium Hypochlorite $ 0.6190 $ 6,190.00 NOTE: Price firm through December 31, 1977. McKESSON CHEMICAL CO. Quantity Description Unit Price Total Price 10,000 lb. Calcium Hypochlorite $ 0.6190 $ 6,190.00 NOTE: Price can change with 30 -day written notice. DIXIE CHEMICAL CO. Quantity Description Unit Price Total Price 10,000 lb. Calcium Hypochlorite $ 0.6265 $ 6,265.00 NOTE: Prices can change with 30 -day written notice. The low bid was that of Thompson - Hayward Chemicals. The Administration recommended awarding the bid to the low bidder. Councilman Kimmons moved for the adoption of the ordinance; Councilman Lander seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2284 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF THOMPSON- HAYWARD CHEMICAL COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF CALCIUM HYPOCHLORITE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding Bid for Purchase of Flexible Base Material Five bids were received for the purchase of the City's estimated annual supply of flexible material. The bid tabulation follows: ALANCO ENTERPRISES PARKER BROTHERS & CO. Quantity Description Unit Price Total Price Unit Price Total Price 7,000 tons Stockpile $ 8.00 $ 56,000.00 $ 8.00 $ 56 000.00 Est. Plantsite $ 3.00 $ 21,000.00 $ 6.00 $ 42,000.00 SUPPLY LOCATION: Evergreen, Texas DISTANCE FROM 1200 LEE DRIVE TO PLANTSITE: 65 miles 2000 Hwy. 3 17 miles NOTE: Did not bid material Any freight increase will requested. be added to quoted prices. 70811 -14 Minutes of the Regular Meeting - August 11, 1977 NOTE: Did not bid material requested. Prices subject to all increases or decreases. RADCLIFF MATERIALS, INC. Quantity Description Unit Price Total Price 7,000 tons Stockpile $ 8.50 $ 59,500.00 Est. Plantsite $ 6.25 $ 43,750.00 SUPPLY LOCATION: DISTANCE FROM 1200 LEE DRIVE TO PLANTSITE: 06YU-4 Galena Park, Texas 18 miles Price firm for 30 days. The low bidder, Alanco Enterprises, did not meet specifications. The second low bidder was Parker Brothers with a bid of $8.00 per ton at the City's stockpile, and a plantsite bid of $6.00. The problem with the bid of Parker Brothers was that their plant site is seventeen miles away. The third low bidder was Gulf Coast Limestone, Inc. Their bid price at the City's stockpile is $8.00 and at the plantsite, it is $6.85. The Administration stated that since the plantsite of Gulf Coast Limestone is only two blocks from the Public Works Department, it was the better bid for this item. In response to questions from Council, Mr. Lanham explained that the Public Works Department stockpiles only a very small amount of limestone. The difference in accepting the bid of Parker Brothers and Company is the fact that the City trucks would have to travel 17 miles one way to the Plantsite; whereas, if the bid of Gulf Coast Limestone, Inc. were accepted, City trucks would only have to travel two blocks. The Administration recom- mended awarding the bid to Gulf Coast Limestone, Inc. Councilwoman Wilbanks moved to adopt the ordinance; Councilman Hutto seconded the motion. Councilman Kloesel inquired why Alanco Enterprises did not meet the specifications on their bid. In response, Ivan Langford III, Director of Public Works, commented that the material used in their calculations was East Texas iron ore, and that is not considered a flexible base material. Councilman Kloesel suggested rejecting bids, changing the specifications and rebidding for this material. Mr. Lanham explained that the bid submitted by Alanco Enterprises in the amount of $3.00 per ton would be 65 miles from the City stockpile. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None GULF COAST LIMESTONE HIGHLANDS SHELL CO. Quantity Description Unit Price Total Price Unit Price Total Price 7,000 tons Stockpile $ 8.00 $ 56,000.00 $ 8.00 $ 56,000.00 Est. Plantsite $ 6.85 $ 47,950.00 $ 7.00 $ 49,000.00 SUPPLY LOCATION: 1200 Riggs, City 1318 S. Main, Highlands DISTANCE FROM 1200 LEE DRIVE TO PLANTSITE: 2 blocks 7.3 miles NOTE: Did not bid material requested. Prices subject to all increases or decreases. RADCLIFF MATERIALS, INC. Quantity Description Unit Price Total Price 7,000 tons Stockpile $ 8.50 $ 59,500.00 Est. Plantsite $ 6.25 $ 43,750.00 SUPPLY LOCATION: DISTANCE FROM 1200 LEE DRIVE TO PLANTSITE: 06YU-4 Galena Park, Texas 18 miles Price firm for 30 days. The low bidder, Alanco Enterprises, did not meet specifications. The second low bidder was Parker Brothers with a bid of $8.00 per ton at the City's stockpile, and a plantsite bid of $6.00. The problem with the bid of Parker Brothers was that their plant site is seventeen miles away. The third low bidder was Gulf Coast Limestone, Inc. Their bid price at the City's stockpile is $8.00 and at the plantsite, it is $6.85. The Administration stated that since the plantsite of Gulf Coast Limestone is only two blocks from the Public Works Department, it was the better bid for this item. In response to questions from Council, Mr. Lanham explained that the Public Works Department stockpiles only a very small amount of limestone. The difference in accepting the bid of Parker Brothers and Company is the fact that the City trucks would have to travel 17 miles one way to the Plantsite; whereas, if the bid of Gulf Coast Limestone, Inc. were accepted, City trucks would only have to travel two blocks. The Administration recom- mended awarding the bid to Gulf Coast Limestone, Inc. Councilwoman Wilbanks moved to adopt the ordinance; Councilman Hutto seconded the motion. Councilman Kloesel inquired why Alanco Enterprises did not meet the specifications on their bid. In response, Ivan Langford III, Director of Public Works, commented that the material used in their calculations was East Texas iron ore, and that is not considered a flexible base material. Councilman Kloesel suggested rejecting bids, changing the specifications and rebidding for this material. Mr. Lanham explained that the bid submitted by Alanco Enterprises in the amount of $3.00 per ton would be 65 miles from the City stockpile. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 70811 -15 Minutes of the Regular Meeting - August 11, 1977 ORDINANCE NO. 2285 AN ORDINANCE OF THE CITY COUNCIL OF TEE CITY OF RAYTOWN, TEXAS, ACCEPTING THE BID OF GULF COAST LIMESTONE, INC., FOR THE PURCHASE OF ESTIMATED QUANTITIES OF FLEXIBLE BASE MATERIAL ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID ON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding Bid for Purchase of Ready Mix Concrete The Administration received only one bid on ready mix concrete. The tabulation follows: GIFFORD -HILL & CO. Quantity Description Unit Price Total Price 200 yd. 5 sk. concrete $ 33.50 $ 6,700.00 Est. The bid received was that of Gifford -Hill and Company in the amount of $33.50 per yard. Last year's price was $31.12 per yard. Mr. Lanham explained that the City is not a very good customer for the purchase of concrete because the City, as a rule, takes concrete in small quantities. The estimated need is 200 yards. The Administration felt that $33.50 per yard is a reasonable bid and recommended approval of that bid. In response to questions from Council, Mr. Lanham explained that this price is good through December and sub,ect to a 11 increase after that time. Councilman Kloesel moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2286 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF GIFFORD -HILL & COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF READY MIX CONCRETE ON A UNIT PRICE BASIS, WITH THE ACTUAL COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. DISTANCE FROM 1200 LEE DRIVE TO PLANTSITE: 21 miles NOTE: Prices firm through Dec. 31, 1977. Ordinance - Awarding Bid for Purchase of Cement Stabilized Sand Three bids were received for the purchase of the estimated annual supply of cement stabilized sand. The bid tabulation follows: PARKER BROTHERS & CO. Quantity Description Unit Price Total Price 2800 tons 1''l sk. Cement Stabilized Sand $ 8.10 $ 22,680.00 Est. 200 tons 2' sk. Cement Stabilized Sand $ 10.50 $ 2,100.00 Est. TOTAL BID $ 24,780.00 SUPPLY LOCATION: 5303 Navigation, Houston, Texas DISTANCE FROM 1200 LEE DRIVE TO PLANTSITE: 21 miles NOTE: Prices firm through Dec. 31, 1977. 70811 -16 Quantity 2800 tons Est. 200 tons Est. Minutes of the Regular Meeting - August 11, 1977 Description 12 sk. Cement Stabilized Sand 22 sk. Cement Stabilized Sand TOTAL BID SUPPLY LOCATION: DISTANCE FROM 1200 LEE DRIVE TO PLANTSITE: Quantity Description 2800 tons 12 sk. Cement Stabilized Sand Est. ANAHUAC TOWING & SHELL Unit Price Total Price $ 8.4o $ 23,520.00 $ 11.15 $ 2,230.00 $ 25,750.00 Cedar Bayou and Hwy. 146 Baytown, Texas 6 miles HIGHLANDS SHELL CO. TT—+ p,+inn Tr. +ol R+3nn $ 8.50 $ 23,800.00 200 tons 22 sk. Cement Stabilized Sand $ 10.50 $ 2,100.00 Est. TOTAL BID $ 25,900.00 SUPPLY LOCATION: 1318 South Main, Highlands DISTANCE FROM 1200 LEE DRIVE TO PLANTSITE: 7.3 miles NOTE: Prices subject to increase or decrease. The low bidder was Parker Brothers, but they are located 21 miles from the Municipal Service Center on Lee Drive. The second low bidder, Anahuac Towing and Shell, bid $8.40 for 12 sack cement stabilized sand; whereas, Parker Brothers bid $8.10. Anahuac Towing and Shell bid $11.15 for 22 sack cement stabilized sand; whereas, Parker Brothers bid $10.50. For examples, using 12 sack cement stabilized sand price, the addition cost for one load from Anahuac Towing and Shell would be $1.80 over the cost from Parker Brothers, but it would cost about $15.00 per load for transportation from the Parker Brothers plantsite. The Administration recommended awarding the bid to Anahuac Towing and Shell. Councilman Lander moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. Councilman Cannon inquired about the bid from Highlands Shell Co. Mr. Lanham explained that the bid of Highlands Shell Co. was higher on the 12 sack cement stabilized sand and even though their bid for 22 sack cement stabilized sand was $10.50, the City buys very little of this type. The vote follows: Ayes: Council members Lander, Kloesel, Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE N0. 2287 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ANAHUAC TOWING AND SHELL COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF CEMENT STABILIZED SAND ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 70811 -17 Minutes of the Regular Meeting - August 11, 1977 Ordinance - Awarding Bid for Purchase of Microfilming Equipment The Administration received three bids for the purchase of microfilming equipment for the Police Department. The tabulation follows: BELL & HOWELL CO. 3M BUSINESS PRODUCTS Quantity Description Unit Price Total Price Unit Price Total Price 1 Camera $ 2,063.00 No Bid 1 Reader /Printer No Bid $ 4,027.61 LOCATION OF PARTS & SERVICE: Houston, Texas Houston, Texas WARRANTY: 1 year 1 year DELIVERY: 45 days 30 days OPTION: 1. 1 year warranty - camera $225.00 No Bid semi - annual 2. 1 year warranty - reader /printer No Bid $270.00 3. Microfiche /Jacket - Attachment No Bid $283.32 EASTMAN KODAK CO. Quantity Description Unit Price Total Price 1 Camera $ 2,488-05 1 Reader /Printer $ 3,215.55* LOCATION OF PARTS & SERVICE: Houston, Texas WARRANTY: 1 year DELIVERY: 30 -45 days OPTION: 1. 1 year warranty - camera $270.00 2. 1 year warranty - reader /printer $495.00 3. Microfiche /Jacket - Attachment No Bid Bell and Howell Company was the low bidder on the camera in the amount of $2,063.00. The low bidder on the reader /printer was Eastman Kodak, but their bid did not meet specifications. The only bid for the reader /printer that met specifications was that of 3M Business Products in the amount of $4,027.61. The Administration recommended approval of the low bidders that met specifications. Councilman Lander moved for the adoption of the ordinance; Councilman Kimmons seconded the motion. Councilman Kloesel inquired about the reason why Bell and Howell did not meet specifications on their bid. Mayor Gentry explained that they were the low bidder on the first item, but had a no bid on the second item. The bid of Eastman Kodak for the reader /printer did not meet specifications because it could not read both roll film and microfiche. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2288 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF BELL & HOWELL COMPANY FOR THE PURCHASE OF ONE CAMERA AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWO THOUSAND SIXTY -THREE AND N01100 ($2,063.00) DOLLARS AND ACCEPTING THE BID OF 3M BUSINESS PRODUCT SALES INC. FOR THE PURCHASE OF ONE READER /PRINTER AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FOUR THOUSAND TWENTY -SEVEN AND 61/100 ($4,027.61) DOLLARS. 70811 -18 Minutes of the Regular Meeting - August 11, 1977 Ordinance - Awarding Bid for Purchase of Compressed Air Breathing Apparatus Three bids were received for the purchase of compressed air breathing apparatus for the Fire Department. The tabulation follows: Scott Aviation $ 27,939.25 Claude Wright & Associates $ 28,000.00 Vallen Corporation $ 27,251.00 The low bid was that of Claude Wright and Associates, but this company withdrew their bid because they are not an authorized dealer on items offered by Scott. A copy of their letter was included in the agenda packet. The second low bidder was Vallen Corporation in the amount of $27,351.00. The Administration recommended approval of the low bidder meeting specifications. Councilman Kimmons moved for the adoption of the ordinance; Councilwoman Wilbanks seconded the motion. In response to questions from Council, Fire Chief McBride commented that the durability of this equipment has been tested by the firefighters of Florida. This equipment has been modified to meet specifications and has fiberglass on an aluminum shelf. Councilman Kloesel inquired if these bottles could be replaced in the future with another type of bottles if problems should arise. Fire Chief McBride stated that he did not believe these bottles could be replaced by another type bottle. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2289 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF VALLEN CORPORATION FOR THE PURCHASE OF ESTIMATED QUANTITIES OF COMPRESSED AIR BREATHING APPARATUS AND REPLACEMENT PARTS ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding the Bid for Converting Present Air Apparatus This is to convert the existing air compressor to make it compatible with the new air packs. The Administration received only one bid for this conversion. The bid tabulation follows: Description Converting Present Air Apparatus Warranty: Delivery: Location of Parts & Service: Two Companies submitted No Bids. AMERICAN BRISTOL IND. Unit Price Total Price $ 3,845.00 1 year 30 days Dallas, Texas American Bristol Industries is the manufacturer of the present equipment and they were the only bidder for this conversion. The Administration recommended approval of the one bid in the amount of $3,845.00. 1 70811 -19 Minutes of the Regular Meeting - August 11, 1977 Councilman Kloesel moved for the adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE N0, 2290 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RAYTOWN, TEXAS, ACCEPTING THE BID OF AMERICAN BRISTOL INDUSTRIES, INC. FOR THE CONVERSION OF THE EXISTING AIR APPARATUS AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF THREE THOUSAND EIGHT HUNDRED FORTY -FIVE AND NO /100 ($3,845.00) DOLLARS WITH REGARD TO SUCH AGREEMENT. Ordinance - Awarding Bid for Safety Equipment One bid was received for the purchase of safety equipment, body armour, for the Police Department. The bid tabulation follows: Quantity Description 8o Items of Safety Equipment Location of Vendor: Warranty: Delivery: One Company submitted a No Bid. M -S SALES Unit Price Total Price $ 122.00 $ 9.76o.00 Missouri City As specified in specifications As specified The Administration received one bid from M -S Sales Company in the amount of $9.76o.o0. The Administration recommended approval of this bid. Councilman Kloesel moved for the adoption of the ordinance; Councilman Hutto seconded the motion. In response to questions from Council, Bo Turner, Police Chief, explained that the Police Department has a few of these vests at present, but that the men who own them purchased them at their own expense. Councilman Cannon inquired about an article he read in the paper about a club donating money to the Police Department to help purchase this safety equipment. Mr. Lanham explained that some of the Baytown doctors, who are members of the 100 Club, have indicated that they want to do something for the Police Department, but this purchase was already advertisied for bids when they expressed interest. Therefore, the Chief is working with the doctors on possible alternatives. Councilman Lander inquired if the vests will be worn at all times. Police Chief Turner responded that the vests will be worn at all times by on -duty officers. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF M -S SALES FOR THE PURCHASE OF ESTIMATED QUANTOTIES OF SAFETY EQUIPMENT FOR THE POLICE DEPARTMENT ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 70811 -20 Minutes of the Regular Meeting - August 11, 1977 Ordinance - Awarding Bid for Janitorial Services The Administration received six bids for janitorial services. The bid tabulation follows: Quantity Description 5 days City Hall 7 days Community Center 6 days Police Building 5 days Fire Administration Building STEAMATIC OF BAYTOWN Unit Price Total Price $ 628.72 $ 6,601.56 1,171.33 12 ,298.96 564.01 5,922.10 301.16 3,162.18 Option: Strip, wax & polish floors 4W per square foot Quantity Description 5 days City Hall 7 days Community Building 6 days Police Building 5 days Fire Administration Building BAYSHORE BLDG. MAINT. Unit Price Total Price $ 795.00 $ 8,347.50 1,195.00 12,547-50 795.00 8,347.50 130.00 1,365.00 Option: Strip, wax & polish floors 1 -3/4¢ per square foot Quantity Description 5 days City Hall 7 days Community Center 6 days Police Building 5 days Fire Administration Building HENLEY'S JANITORIAL Unit Price Total Price $ 750.00 $ 7,875.00 1,280.00 13 ,440.00 800.00 8,400.00 155.00 1,627.50 Option: Strip, wax & polish floors 4¢ per square foot Quantity Description 5 days City Hall 7 days Community Center 6 days Police Building 5 days Fire Administration Building ACE BUILDING MAINT. Unit Price Total Price $ 855.00 $ 8,977.50 1,225.00 12,862.50 830.00 8,T15-00 210.00 2,205.00 Option: Strip, wax & polish floors 20 per square foot Quantity Description 5 days City Hall 7 days Community Center 6 days Police Building 5 days Fire Administration Building FOUR SEASONS JAN. SERV. Unit Price Total Price $ 825.50 $ 8,667-75 1,430-00 15,015-00 772.50 8,111.25 175.00 1,837.50 Option: Strip, wax & polish floors 5¢ per square foot Quantity Description 5 days City Hall 7 days Community Center 6 days Police Building 5 days Fire Administration Building BAYTOWN BLDG. MAINT. Unit Price Total Price $ 1,093.75 $ 11,484.37 1,575.00 16,537.50 1,093.75 11,484.37 187.50 1,968.75 Option: Strip, wax & polish floors 50 per square foot 7. 7 i 70811 -21 Minutes of the Regular Meeting - August 11, 1977 Steamatic of Baytown was the low bidder for the City Hall, Community Building, and the Police Building. Bayshore Building Maintenance was the low bidder on the Fire Administration Building. The Administration recommended awarding the bids to the low bidders and to disregard the option of stripping, waxing and polishing the floors. The Administration had included in the specifications, the requirements of straight buffing twice a year, weekly in public areas and every other week in the office areas. Councilman Hutto moved for the adoption of the ordinance; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None ORDINANCE NO. 2292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BIDS OF BAYSHORE BUILDING MAINTENANCE SERVICE, INC. AND STEAMATIC OF BAYTOWN INC. TO SUPPLY THE JANITORIAL SERVICES FOR THE CITY OF BAYTOWN AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWENTY -SIX THOUSAND ONE HUNDRED EIGHTY -SEVEN AND 62/100 ($26,187.62) DOLLARS. Resolution - Authorizing the Administration to Renew an Intergovernmental Agreement with H -GAC for the Unified Work Program This agreement will continue the transportation planning services that the City is currently receiving as a result of a similar contract. This agreement would be for a four -month period from September 1 through December 31. During that period, the City would receive a total of $10,800.00 to continue the program. The Administration recommended approval of this resolution. Councilman Kloesel inquired if this applies to an employee within the City. Mr. Lanham responded that it applies to an employee in the Planning and Traffic Department. Councilman Kloesel moved for the adoption of the resolution; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None RESOLUTION NO. 588 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, BY WHICH THE CITY COUNCIL CONCURS WITH THE PROPOSED WORK ELEMENTS ESTABLISHED BY THE HOUSTON - GALVESTON AREA COUNCIL'S WORK PROGRAM AND AUTHORIZING THE ADMINISTRATION TO RENEW AN INTERGOVERNMENTAL AGREEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL FOR FUNDING. Resolution - Transferring Funds from General Fund Contingency Account to City Council Special Services Account This would enable the City of Baytown to participate with cities throughout the nation in a lawsuit to challenge the constitutionality of unemployment benefits that cities are being required by Congress to provide. The Administra- tion recommended that the City of Baytown participate in this lawsuit. Neel Richardson reviewed this with Council. Basically, Congress recently enacted legislation which would provide that the Unemployment Compensation Act would or could apply to cities or states or to local governments of all kinds. The National Institute of Municipal Legal Officers is planning to institute a lawsuit to contest the constitutionality of this act. The basis of the lawsuit 70811 -22 Minutes of the Regular Meeting - August 11, 1977 is that they feel like this is an intrusion upon the separation of the various branches of government and some of the strength of the Association's feeling about this lawsuit is based upon a recent victory, the National League of Cities Versus Usery, which challenged the applicability of the Fair Labor Standard Act to cities. In that case, the Supreme Court held that it was not applicable. In this particular lawsuit, there is a little difference. The amendment does not specifically compel cities to provide unemployment insurance or unemployment coverage, but in any state where the state legislature fails to compel the state and local government to comply with the unemployment insurance provisions, the private employers of the state will lose their federal tax credit. In effect, cities are forced to do so. It is felt that this is an unconstitutional requirement and the costs are probably not as significant as the principles involved, which are whether or not local governments should be able to govern themselves. Mr. Richardson felt that the law is in favor of the cities and that is an unconstitutional act. Based upon population bracket, the City share to participate in this lawsuit would be $2,500.00. This will be a quite length lawsuit and there will be a law firm in Washington handling the suit for all the cities. Ultimately, all cities that do not join now will not be entitled to any interim relief granted during the lawsuit. In response to questions from Council, Mr. Richardson explained that city employees are at present not covered by unemployment compensation unless they have credit from other employment. Councilman Kimmons moved for the adoption of the resolution; Councilman Hutto seconded the motion. Councilman Kloesel felt that the city employees should be entitled to unemployment compensation and felt that this is an area that has been over- looked and thinks that cities have been guilty for not taking care of these benefits. He felt that city funds should not be used to cooperate in a lawsuite that will not be beneficial to city employees. Councilman Hutto does not object to the payment of unemployment benefits but felt that cities should not be compelled to do so by federal law. He felt this to be an infringment on the rights of local government. Councilman Lander inquired if the City elects to do so, will they have the option to cover the employees. Councilman Lander also commented that if an individual works for a private company or enterprise, they are covered by unemployment compensation. Mayor Gentry inquired if the federal and state employees are covered by unemployment compensation. Mr. Lanham commented that this lawsuit included state government. In response to questions from Council, Mr. Richardson explained that this lawsuit will commence January 1, 1978. The lawyers are attempting to seek a temporary injunction pending the outcome of the lawsuit. The vote follows: Ayes: Council members Kimmons, Wilbanks, Hutto and Cannon Mayor Gentry Nays: Council members Lander and Kloesel RESOLUTION NO. 589 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER TWO THOUSAND FIVE HUNDRED AND N0 1100 ($2,500.00) DOLLARS FROM GENERAL FUND ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO GENERAL FUND ACCOUNT NO. 0101 -06- 0+00, SPECIAL SERVICES. 70811 -23 Minutes of the Regular Meeting - August 11, 1977 Consider Request of James R. Osgood for Water Service for Seven Homes Outside Mr. James R. Osgood lives on Crosby Cedar Bayou Road north of Massey Tompkins Road. Mr. Osgood indicated in his letter that this request is very urgent because the owner of the private water system serving this area has told the property owners that it is just a limited time before the well that is 47 years old will go out. The property owners understand the building of the lines will be at their cost and they will have to pay lk times the normal rate for water service. The Administration recommended approval of this request. Councilman Kimmons moved for the approval of this request; Councilman Hutto seconded the motion. Councilman Hutto would like to expedite this if at all possible. Councilman Kloesel inquired as to how much time and labor would be in- volved in laying these lines. Mr. Lanham explained that the Administration is hoping these people will hire a contractor to do this work on their own and let the City inspect it. Mayor Gentry commented that this will be the quickest way to do it, because if the City does this work, the Administration will have to take bids and then the people will have to reimburse the City. Councilman Kloesel indicated the only problem is that the City is beginning to furnish water services to people outside the city limits and wonders if this is not opening the door to more and more of this. Mr. Lanham explained that someday, the Administration hopes that this area will become a part of the city limits. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None Councilman Kloesel commented about the need of a fire plug in the area of Beech Street. He felt that this is an emergency item and needs to be checked into. Fire Chief McBride responded that there is a fire plug on Airhhrt Drive by the railroad tracks and also one on Airhart Drive near a yellow house. Councilman Kloesel asked the Administration to check on placing a fire plug nearer to this area. Consider Appointments to the Parks and Recreation Advisory Board The terms of office of Henry Armstrong and Charles Washington as members of the Parks and Recreation Advisory Board are expiring. Their terms are for three years. Appointments are made by the Mayor with the confirmation of the Council. Mayor Gentry recommended that Mr. Henry Armstrong and Mr. Charles Washington be reappointed as members of the Parks and Recreation Advisory Board. Councilman Cannon moved for the approval of these recomendations; Councilman Hutto seconded the motion. Councilman Kloesel requested the names of the members of the Parks and Recreation Advisory Board, Mr. Bobby Rountree gave the names of the Parks and Recreation Board as follows: Wayne Gray, Chairman; Luine Hancock; Richard Moravek; Ike Hall; Henry Armstrong; Charles Washington; and Quin McWhirter. In response to a question from Councilman Kloesel, Mayor Gentry commented that Mr. Charles Washington would represent District 1 and the Pally area. The vote follows: Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto and Cannon Mayor Gentry Nays: None 70811 -24 Minutes of the Regular Meeting - August 11, 1977 Committee Reports Mayor Gentry reappointed to the Baytown Housing Authority, Curtis McNabb and appointed Rev. E. D. Reed, who will replace Ervie Coxson who indicated that he will not be able to serve an additional term. In response to an inquiry made by Councilman Kloesel, Mayor Gentry commented that Rev. E. D. Reed is pastor of the Baptist Church located at the corner of Carver and Oak, and Mr. McNabb is in the insurance office with his primary office in Houston, but is a long time resident of Baytown. Unfinished Business Councilman Hutto had a request from a representative of the commercial business located on Highway Boulevard. Councilman Hutto would like the Administration to ask the Traffic Committee to consider removing the no parking sign that was recently installed in front of the commercial business establishments on Highway Boulevard. This would be in the vicinity of JJ's and the real estate office. This request is to affect only the business establishments. Adjourn There being no further business to transact; Councilman Kloesel moved for adjournment; Councilman Hutto seconded the motion. The vote was unanimous. Karen Petru, Deputy City Clerk -_ Approved: Eileen P. Hall, City Clerk