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