1977 09 08 CC Minutes70908 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 8, 1977
The City Council of the City of Baytown, Texas, met in regular
session Thursday, September 8, 1977, at 6:30 p.m. in the Council
Chamber of the Baytown City Hall. The following members were in
attendance:
Jody Lander
Jack Kimmons
Ted Kloesel
Mary E. Wilbanks
Emmett Hutto
Allen Cannon
Tom Gentry
Fritz Lanham
Dan Savage
Neel Richardson
Eileen P. Hall
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Mayor Gentry called the meeting to order, and the invocation
was offered by Councilman Allen Cannon.
Approve Minutes
A typographical error had been corrected on Page 17 of the
minutes and a copy of this corrected sheet had been placed at the
Council table. Councilman Kloesel moved to approve the minutes of
the regular meeting of August 25, 1977, as amended, and ratification
of actions concerning each of the matters listed on the agenda of
said meeting; Councilman Lander seconded the motion. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Receive Petitions
None.
Citv Manaeer's Report
High -Level Bridge Crossing Houston Ship Channel on State Highway
146 - Mayor Gentry has received a letter from Mr. DeBerry with the
State Department of Highways and Public Transportation regarding the
appearance of the Baytown delegation before the Commission on August
1, 1977, requesting construction of a high -level bridge across the
Houston Ship Channel on State Highway 146. Attached to Mr. DeBerry's
letter is a Minute Order No. 73281 directing the Engineer- Director
to proceed with preliminary engineering; to develop necessary social,
economic and environmental consideration; to hold necessary public
hearings; to determine right of way requirements; to develop pre-
liminary plans; to secure necessary permits; to enter into contrac-
tual agreements for acquisition of required right of way, with
acquisition policies for acquiring real property; and to participate
in the purchase of right of way and provide relocation assistance as
may be determined to be eligible under the Relocation Assistance Pro-
gram, at an estimated State cost of $100,000.00. However, the Minute
Order also reflects that the above action is taken with the under-
standing that funds are not presently available for construction and
that such construction may be undertaken as funds become available in
the future. The estimated cost of the entire project is $70,000.000.00.
70908 -2 Minutes of the Regular Meeting - September 8, 1977
Sterling Municipal Library - The Committee that is planning
the open house at the Library is proposing to hold the open house
on October 23 which is a Sunday between the hours of 2 -5 p.m. if
this is acceptable to Council. Council had no objections.
Bicycle and Pedestrian Way on West Main Bridge - The Admin-
istration has checked with the County's Engineering Office regarding
the estimate for a bicycle and pedestrian bridge on the West Main
Bridge. The County Engineers reviewed the existing bridge plan and
agreed with the estimate that the City developed.
No Smoking Ordinance - A draft of a no smoking ordinance has
been developed by the Legal Department. This draft is based upon
the Legal Department's study of the state law regarding the authority
of cities to regulate this matter, and also, based upon their study
of ordinances adopted by other cities. The ordinance, as drafted,
would prohibit a person to smoke or carry lighted tobacco in any
form in any of the following areas:
(1) Any portions of a retail establishment where dry goods,
fabrics or clothing are sold.
(2) Any retail establishment where food is sold for off premises
consumption, except areas not open to the general public.
(3) Any passenger elevator used by the public.
(4) Public areas of any hospital or nursing home.
(5) Seating areas of theaters, motion picture theaters, music
and concert halls and libraries.
(6) Display areas of museums.
(7) Any area of a public establishment frequented by the public
which has been designated by the owner or person in charge
of such establishment and marked with a sign or signs.
The state laws requires that the owner of the establishment be
responsible for placing signs.
Mayor Gentry suggested that the ordinance be placed on the agenda
for the next Council meeting, and in the meanwhile Council will have ?
the opportunity to read the ordinance to determine if the ordinance
has any merit. The State law does prohibit smoking in certain areas i
now without a city ordinance, for instance libraries. Councilman
Cannon requested that the Administration check with other cities
where a no smoking ordinance has been adopted regarding enforce-
ability.
Sliplining Projects - All of the line in the Hill Terrace area
has been installed and this work has been completed. The liners
have been installed between Harvey and Scott Streets. This project
is about 56% complete.
Street Improvement Project - All of the concrete work on North
Jones has been completed and concrete curb and gutter work is under-
way on Baylor Street from Park to Schilling.
Community Development Program - All of the concrete sidewalk
has been completed on West Texas and Laredo, and installation of
the 18" storm sewer along Fortinberry has begun.
Bayway Drive Water Line - Thirty -two hundred feet of line has
been installed.
Market Street Bridge - The fill has been essentially completed.
The contractor is finishing tearing out the old bridge and about
900 of the storm sewer is in place.
East District Sewage Treatment Plant - The forms are being
installed for the construction of beams and floor slab of the
centrifuge for which concrete will be poured on Tuesday. This
project is about 60% complete.
70908 -3
Minutes of the Regular Meeting - September 8, 1977
Comments and Questions Regarding the City Manager's Report
Councilman Cannon commented that he has been receiving many
calls regarding water bills which had not been read for 2-4 months.
Mr. Lanham explained that there has been a real problem with
turnover of employees which made it difficult to get the meters
read. The recent bills included a period of 45 days rather than
the normal 30 days. This was the reason for the recommendation in
the budget that the meter reader's salary be increased. Secondly,
r the latest bills also cover the period of largest use which would
also produce higher bills.
Councilman Cannon asked if the meter reading date is indicated
on the water bill or the last date of the month. Mr. Savage,
Assistant City Manager, responded that the last date of the month
is used in order that consumers will not receive more than 12 bills
per year.
Council requested that the Administration study the matter to
try to develop a system where the actual reading date would be
indicated on the water bill.
Open and Publicly Read Bids for Official Depository of City of
Baytown Funds for a Two -Year Period Beginning October 1, 1977
The only bid received was that of Citizens National Bank and
Trust Company, which the City Manager read as follows:
For deposits of $100,000 or more with maturity of 30 -89
days.................... ............................... 6.55$
Maturities between 90 -179 days ......................... 6.60%
Maturities 180 days or more, but less than one year.... 6.65$
For deposits of less than $100,000.00 with maturity of
30 days or more, but less than one year ................ 6.50%
J. B. LeFevre, Director of Finance, was asked to review the
bid and report back to Council later in the meeting.
Representative of Bay -Can Rentals Appeared
Mr. Bill Crane, representative of Bay -Can Rentals, requested
that Council consider extending the boundaries where waste products
could be collected and deposited into the City of Baytown's sewerage
system to include Gulf, U. S. Steel, and Mobay. At the present time
the boundaries established by Council are San Jacinto River on the
West, I -10 on the North, Cedar Bayou on the East and Tabbs Bay on
the South. Mr. Lanham said that the boundaries were established to
prohibit Baytown from becoming the recipient of all waste products
in this area since there were several cities who were prohibiting
such discharges into their systems at the time the ordinance was
adopted. Mr. Lanham said that Mr. Crane's request seem to be
reasonable.
Since the request of Mr. Crane involved industries that are
included in the City of Baytown's Industrial Districts, Mayor Gentry
suggested that perhaps the policy could be revised to reflect that
the right to dump into the City of Baytown's sewerage system would
be extended to any properties located in the city's industrial
districts or to any taxpayer whose property is contiguous with pro-
perty within the city limits. Councilman Kimmons moved to revise
the policy as suggested by Mayor Gentry; Councilman Kloesel seconded
the motion.
Council suggested that the Administration review the charges
provided in the ordinance from time to time to be certain that the
charges were adequate. The vote follows:
70908 -4
Minutes of the Regular Meeting - September 8, 1977
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
Ordinance - Awarding Contract for Official Depository for City
of Baytown Funds
The Director of Finance reported that the bid was in order and
that it was a good bid. He also pointed out that the City has had
very good working relations with this bank and recommended accep-
tance of the bid.
Councilman Kimmons moved for the adoption of the ordinance;
Councilwoman Wilbanks seconded the motion.
Councilman Kloesel was curious why only one bid was received.
Mr. Lanham explained that any bank awarded this depository contract
would be required to have security in sufficient amount to cover
the city's deposits, and these securities could only be government
bonds or federally guaranteed. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2305
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, SELECTING A CITY DEPOSITORY PURSUANT TO THE TERMS
AND PROVISIONS OF THE APPLICATION AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Public Hearing - Southwest Video (CATV) for Rate Increase
Mayor Gentry allowed time for any individual who desired to }
speak at the public hearing to register. Mr. Lanham explained
that a letter had been received from Mr. Apffel, as representative
of Southwest Video Corporation and Mr. Frank Staley, Manager,
requesting a rate increase. At present Southwest Video is charging
$5.25 per month for its primary service and would like to increase
this charge to $7.50 per month; the $1.00 charge for additional
outlets would be increased to $2.00 er month; and the charge for
connections would be increased from 12.00 to $19.95. The company
has a franchise to do business in Baytown which requires that any
rate increase be submitted to Council and that a public hearing be
held. The present rates were adopted in November, 1971. Mr. Apffel,
Mr. Staley and Mr. Graver were present, but Mr. Ray Graver made the
actual presentation on behalf of Southwest Video.
Mayor Gentry inquired to what did the company attribute its
loss of $477,000.00 for the year ending December 31, 1976. Mr.
Graver responded that the loss was basically due to lack of sub-
scribers, plus the fact that Teleprompter purchased most of the
company's stock from Southwest Video. Teleprompter owns 97.5%
of the stock. In any cable system there is also a tremendous
amount of capital which must be put into the operation. The
figures which the company presented to Council included the
operations in Baytown, Humble and Clear Lake City. Mayor Gentry
was interested in the figures for the Baytown area and requested
that the company present this information before he would be
willing to make a decision. Mayor Gentry said that the reasoning
for this is that the Council regulates only matters pertaining to
the City of Baytown. Mayor Gentry also questioned the fact that
the company was not servicing the entire city and the franchise
70908 -5
Minutes of the Regular Meeting - September 8, 1977
agreement provided that it is incumbent upon Southwest Video to
service the citizens of Baytown, which to the Mayor meant making
these services available to all the citizens of Baytown. Mr.
Graver explained that this was the original intent, and at this
time, approximately one -half of the City of Baytown is built.
There is about 185 miles of plant that could be built to service
the entire area; 91 miles have been built. The company discontinued
the process because they were only getting 15% of the subscribers.
Councilman Kloesel stated that he was not sure that the Council
was wise to regulate Southwest Video or cable television because
by regulation, Council would require the company to have lines
throughout the City and there are some areas of the city that may
not want the service. He felt that the company should be free to
put lines in where requests for service are made. Councilman
Kloesel said that he felt that it was not necessary for Council to
regulate this type operation; Council members Lander and Kimmons
concurred, but Councilman Kimmons pointed out that since the company
uses the city streets, a franchise must be granted. The City
Attorney explained that the use of the City streets is the franchise.
The franchise is the lease of the city's public right of ways and
alleyways for income generating purposes. During the discussion,
it was pointed out that the company does not have an exclusive franchise
agreement and another company could be granted a franchise to operate.
Mayor Gentry inquired as to the reason for granting only one franchise
when more could have been granted. Mr. Graver explained that once
a company obtained a franchise, it was very difficult for another
company to be competitive in the same area.
Councilman Kloesel said that he could see no real need for the
franchise. The City Attorney asked that before Council took any
action to withdraw from the franchise to allow his department time
to look into the matter and to report the effects of such an action.
Councilman Kloesel said that he would be in favor of granting the
increase and placing this item on the agenda for the next Council
meeting in order to release some of the restrictions granted by the
franchise.
Councilman Kimmons commented that he has received numerous
complaints that there is no listing of the stations on CATV in
the paper. Mr. Graver explained that he will have to check into
the reason why the stations are not listed. Mr. Frank Staley of
Teleprompter commented that recently the corporation started
receiving the listing of the programs and they are being typed out
and an individual who is on cable can receive the listing.
Mr. Graver explained that when the franchise was granted, the
FCC had indicated that the cities must regulate the rates, and this
has since been rescinded. Also since that time the courts have
determined that cable television is not an utility. The company
does pay the City a franchise fee for the use of the city's right
of ways, and the company has a separate agreement with the General
Telephone Company or the power company to use their pole attachments.
Councilwoman Wilbanks inquired if perhaps the City could main-
tain its franchise agreement in order to be informed concerning the
company's activities without charging a franchise fee, if Council
determined this to be desirable. Mr. Richardson stated that the
Legal Department would need to check this because the FCC has set
rules that must be adhered to.
Councilman Lander inquired if the company is planning to make
the same request for a rate increase in the surrounding communities.
The company indicated that they are planning to make the same request.
There being no further discussion or questions, Mayor Gentry
declared the public hearing closed.
70908 -6
Minutes of the Regular Meeting - September 8, 1977
Ordinance - Establishing Rates to be Charged by Southwest Video
Councilman Kloesel moved that the ordinance be adopted;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Nays: Mayor Gentry
ORDINANCE NO. 2306
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 31, "UTILITIES," BY ESTABLISHING
RATES TO BE CHARGED ALL PERSONS FOR CABLE TELEVISION
SERVICE; REPEALING ORDINANCES INCONSISTENT HEREWITH TO
THE EXTENT OF SUCH INCONSISTENCY; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
Councilman Kloesel asked that the Administration place the
cable television franchise on the agenda for the next Council
meeting in order to retain the franchise and decrease the
restrictions of the franchise.
W. J. Jackson Will Annear
Mr. Jackson appeared at the last Council meeting to request
that the accumulated tax penalty and interest on his property be
waived because of an error in computation on the part of the City.
The agenda packet included a memorandum from J. B. LeFevre, Director
of Finance, regarding this matter and copies of the documents that
Mr. Jackson brought in regarding his tax statements were placed at
the Council table.
After Council reviewed the tax statements, Mayor Gentry commented
that there was not any question as to the taxes nor the penalty for f
non - payment of taxes up until 1965. In 1965, the taxes increased
from $69.00 to $138.00 and that remained until 1967 when the taxes
decreased to $78.00 when the error was corrected.
Councilwoman Wilbanks inquired if the total delinquent bill that
Mr. Jackson received reflected the adjustment made for 1965 and 1966.
In response, Mr. LeFevre explained that this adjustment was made in
1972 and the records were corrected.
Councilman Lander inquired if Council can legally waive the
interest and penalty for the 2 years when this was in error. In
response, Mr. Richardson, the City Attorney, explained that the
general rule is that you may not waive something that is a just
debt to the City. He explained that he has looked at this question
and there is very little room for discretion.
Mayor Gentry commented that he felt that Council is not in a
position to forgive the penalty and interest other than the obvious
errors that were made in 1965 and 1966.
Councilman Hutto inquired about the securing of a lien on this
property, was it for 1965 and 1966 or was it for the total amount
of taxes due? He commented that he does not know how the City
can release the lien without the debt being paid. Mr. Scott Bounds,
Assistant City Attorney, explained that the City had taken a judg-
ment that became final about 6 months ago. The City can release
that judgment upon sufficient consideration but Council would need to
find legal justification to release the two years that were in error.
70908 -7
Minutes of the Regular Meeting - September 8, 1977
Councilman Lander moved that Council delay a decision on this
matter until the next Council meeting and give the City Attorney
an opportunity to see what the Council might work out for the years
1965 and 1966.
Mr. Richardson asked that Council give him the authority to
check on whether there is some authority, for not excusing or for-
giving, but for finding because of the these circumstances that
these taxes were not owed.
Councilman Kloesel moved that Council give the City Attorney
this authority; Council concurred with this suggestion. Mayor
Gentry commented that Mr. Jackson should get with Mr. Richardson
and try to resolve this situation; Council concurred with this
action.
Mr. Dickson Hamiter Will Not Appear
Consider Approving the Baytown Sports Complex Neighborhood Center
Concept and Authorizing Busch, Hutchinson and Associates to Proceed
With Detailed Plans and Specifications
At the last Council meeting, no action was taken on the design
concept for the Neighborhood Center at the Baytown Sports Complex.
The Council had reviewed the plans and asked for additional infor-
mation on the reservations as related to the type of meeting room
facilities available at the Community Building. For the year of
1976, the ratio for the reservations of the auditorium versus the
remainder of the rooms were 5 to 1 for smaller rooms. Of the
2,827 total reservations all of those with the exception of 471 were for
smaller rooms. Thus far in 1977, there has been a total of 2,093
and all of those with the exception of 328 have been for the smaller
rooms. The ratio is a little above 5 to 1 for 1977. The vast
majority of reservations are for the smaller rooms.
Council also asked that the Administration prepare some informa-
tion on the possible savings and energy cost if this type of building
were constructed. Mr. Jim Hutchinson, Consulting Engineer of Busch,
Hutchinson and Associates was present to review this with Council.
Mr. Hutchinson read an article, "External Shading Devices ", from
the Handbook of Air - condition Heat in and Refri eratin En ineers.
"In general, external s a ing evaces w is eliminate all erect
radiation and still permit free air to move at the outer wall service
will reduce the solar heat gain by as much as 80% and in this category
are found architectural treatment such as overhangs, wings, screen
walls as well horizonal and vertical louvers and vented awnings."
This speaks too a good reason for having the overhang for any energy
conservation. Another chart in this book shows that the latitude
that the architect plans to build this concept is 32 degrees north
and that the southeast, south and southwest walls will be protected
by this overhang. He explained that energy conservation is not the
only reason for this overhang but for esthetic purposes as well as
a shelter area. This overhang is about 8 feet around the perimeter
of the building and is approximately 2400 square feet of surface
area. This is essentially a sidewalk.
r In response to questions from Council, Mr. Hutchinson explained
that the 2400 square feet for the overhang is not included in the
4200 square feet that is enclosed inside the building. The total
estimated cost is approximately $138,000.00 including the engineering
architectural fees. Ten percent of the cost would be for the over-
hangs. Mr. Hutchinson estimated that about 8 tons of air conditioning
would be installed in this building based on the number of square feet
and the capacity of people using this facility. He also estimated
that the cost would be approximately $50.00 per month per ton for
air- conditioning based upon a 24 hour basis. This would be a normal
month when the heat will vary. Mr. Hutchinson explained that he had
70908 -8
Minutes of the Regular Meeting - September 8, 1977
talked with Mr. Bobby Rountree, Parks and Recreation Director, and
he indicated that probably a clock would be installed and it would
run the air - conditioning system on a 18 hour basis. Mr. Hutchinson
also commented that half of the external heat load comes through
the walls and half comes through the roof. Actually there is more
heat coming from the people and appliances in the building. If
the book is correct, and if 50% of the heat load comes through the
walls and 80% of this would be eliminated, the heat load would be
reduced by about 40% which would decrease the cost by about $120.00
a month.
Councilman Kimmons moved to approve the Baytown Sports Complex
Neighborhood Center Concept and to authorize Busch, Hutchinson and
Associates to proceed with detailed plans and specifications;
Councilman Hutto seconded the motion.
Councilman Kloesel commented that he felt if an open -type building
were constructed, there would be less of a maintenance cost and less
personnel. He also commented that it will take more personnel to
staff the small meeting rooms. In response to a question from
Councilman Kloesel, Bobby Rountree, commented that in this year's
budget, a request was made for one supervisor and one custodian and
that perhaps in a few years, the only other person needed would be
a secretary. Part -time people would be needed for weekends and nights.
In response to a question from Councilman Cannon, Mr. Hutchinson
explained that this building would be centrally located and would be
able to shelter people during bad weather. Sidewalks will lead to
the building from the different areas of the Sports Complex. The
vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
Mayor Gentry called a ten minute recess.
Ordinance - Adopting a Budget for Fiscal Year 1977 -78
The ordinance has been prepared and the changes that were made
by Council at the last budget session have been included in the
budget document and are reflected in the amounts shown in the
proposed ordinance. The ordinance provides that funds are appro-
priated for the four accounts as follows:
General Fund $9,136,655.00
Waterworks and Sanitary Sewer Fund $3,354,662.00
General Fund Debt Service $1,766,750.00
Waterworks and Sanitary Sewer Debt Service $ 353,964.00
This budget can be financed with the tax rate that we now have
and the only increase affecting citizens that is necessary to finance
this budget is an increase in water rates which will almost double
the current rate. The Administration recommended approval of the
ordinance.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Lander seconded the motion.
Councilman Cannon expressed his concern about the increase of
water rates but stressed the fact that there really is no other
choice since the City of Baytown is going to convert to surface
water. Councilman Cannon commented that it is a tight budget
which he is 100% in support of.
Councilman Kloesel commented that the Administration overhead
is in excellent condition, and as a result, he felt that Council
has neglected the operation areas. Councilman Kloesel also expressed
his concern about the Fire Department's budget in that he felt more
money is needed for capital outlay for fire fighting equipment. He
felt that capital outlay should be increased by $35,000.00 to purchase
a mini - pumper. The vote follows:
i
r
r
70908 -9
Minutes of the Regular Meeting - September 8, 1977
Ayes: Council members Lander, Kimmons, Wilbanks, Hutto and Cannon
Mayor Gentry
Nays: Council member Kloesel
ORDINANCE NO. 2307
AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL
YEAR BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER
30, 1978, IN ACCORDANCE WITH THE CHARTER AND ORDINANCES
OF THE CITY OF BAYTOWN AND PROVIDING FOR THE PUBLICATION
OF THIS ORDINANCE.
Ordinance - Setting the Ad Valorem Tax Rate for Fiscal Year 1977 -78
This ordinance would continue the $1.52 tax rate which would be
distributed as follows: $1.087 would be appropriated for General
Fund operations and $.433 for debt services for General Obligation
Bonds. The Administration recommended approval of the ordinance.
Councilman Lander moved for the adoption of the ordinance;
Councilman Kimmons seconded the motion. The vote follows:
Ayes: Council members Lander, Xim.nons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2308
AN ORDINANCE FIXING THE RATE AND TAX LEVY FOR THE CITY
OF BAYTOWN, TEXAS, FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 1978, UPON ALL TAXABLE PROPERTY IN SAID CITY OF
BAYTOWN, TEXAS, IN ACCORDANCE WITH THE LAWS OF THE
STATE OF TEXAS AND THE CHARTER PROVISIONS AND ORDINANCES
OF SAID CITY; AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT THEREWITH.
Ordinance - Appropriating Revenue Sharing Funds for Ninth Entitlement
Period
The change that Council instructed the Administration to make
has been worked into the proposed ordinance, that being to increase
the appropriation for drainage equipment by $48,000.00 and eliminate
the street striper. The total amount for Revenue Sharing Funds for
the Ninth Entitlement Period is $522,139.00. The Administration
recommended approval of the ordinance.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Hutto seconded the motion.
Councilman Kloesel stressed his concern about setting $48,000.00
aside for drainage equipment because this piece of equipment would
not be delivered until the winter season. Mr. Lanham proposed to
immediately receive bids on one gradall -type piece of equipment.
Mayor Gentry asked that Mr. Lanham keep Council informed as to when
financially the City will be able to order the other piece of equipment
and add an additional drainage crew.
Councilman Cannon felt that the Animal Sterilization Program has
some merits but felt that other items should have higher priority.
Councilman Cannon moved to amend the original motion to remove the
$15,000.00 included for the Animal Sterilization Program and add that
$15,000.00 to the Drainage Equipment Category. Councilman Kloesel
seconded the motion.
70908 -10
Minutes of the Regular Meeting - September 8, 1977
Councilman Kloesel commented that the Animal Sterilization
Program should be encouraged, but should be done by the citizen
at their own expense. He also commented that he felt that the
drainage fund is a much more critical area. Councilman Hutto
commented that he agrees with Councilman Kloesel in some aspects
but felt that the Animal Sterilization Program is also a rabies
control program. He also commented that 300 certificates were
issued for the Animal Sterilization Program since Council allocated
money for this purpose. The approximate cost is $40.00 per animal
which is a great deal to ask citizens to pay without some help.
Councilman Hutto stressed the fact that the entire community will
benefit from this program if the City can get 300 more certificates
in the next few months. Councilman Lander and Kimmons concurred
with Councilman Hutto. The vote follows on the motion to amend:
Ayes: Council members Cannon and Kloesel
Nays: Council members Lander, Kimmons, Wilbanks and Hutto
Mayor Gentry
Councilman Kloesel commented that he had also hoped to reduce
the funds for the Police Garage because $63,000.00 is an indication
of the large number of vehicles in the Police Department. Councilman
Kloesel indicated that if the vehicles were kept to the minimum needed,
there would be no need to expand the garage except for perhaps installing
additional lift equipment. The vote follows on the original motion:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2309
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY
OF BAYTOWN TO APPROPRIATE FIVE HUNDRED TWENTY -TWO
THOUSAND ONE HUNDRED THIRTY -NINE AND NO /100 ($522,139.00)
DOLLARS FROM THE UNAPPROPRIATED NINTH ENTITLEMENT
PERIOD FUNDS OF GENERAL REVENUE SHARING, 1978, TO THE
FOLLOWING BUDGET ACCOUTNS: 7910, PUBLIC SAFETY; 7920,
ENVIRONMENTAL PROTECTION; 7930, PUBLIC TRANSPORTATION;
7940, HEALTH; 7950, RECREATION; 7960, LIBRARY; 7980,
FINANCIAL ADMINISTRATION; DIRECTING THE CITY CLERK TO
FILE AND GIVE NOTICE OF THE AVAILABILITY OF THE ADOPTED
BUDGET; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
Ordinance - Amending the Code of Ordinances to Allow a Subdivision
Developer the Discretion of Determining Whether Sidewalks Shall Be
Reauired
This is the ordinance that Councilman Hutto asked the Aministration
to prepare at the last Council meeting. It amends the code to give
the subdivider the option of requiring or eliminating sidewalks in a
proposed subdivision at the time that he files the final subdivision
plat. This ordinance would also amend the Building Code to provide
an exception for the sidewalk requirement of the Building Code if
the subdivider has submitted his final plat without sidewalks.
Councilman Hutto felt that Council should give the ordinance
consideration because it would give the people an option of buying
a home in a subdivision with sidewalks or without sidewalks. 1
Councilman Hutto moved to adopt the ordinance; Councilman Kloesel
seconded the motion.
Councilman Lander commented that he believes that sidewalks are
needed and necessary in some places such as the larger and more busy
streets leading into subdivisions and for this reason he will not be
able to support this ordinance.
70908 -11
Minutes of the Regular Meeting - Sep - ,ember 8, 1977
Mayor Gentry commented that he did not see why the people who
do not live on collector streets should be penalized by requiring
them to have sidewalks.
Councilman Kimmons commented that sidewalks are essential and
the difference in cost of the lots will not make the difference of
whether or not the subdivider will install sidewalks. He also commented
that sidewalks are a means of pedestrian traffic and with this ordinance -
sidewalks will never be installed. Councilman Hutto agreed that side-
walks would be necessary if they were leading to a collector street
or a shopping center.
Councilman Kimmons suggested that an ordinance needed to be
drafted which would designate areas where sidewalks are necessary
and where sidewalks are not necessary. Councilman Lander concurred
with this suggestion.
Councilman Kloesel suggested that an item be placed on the agenda
or have a work session and discuss how the Council might go to a
bond program or create a type of district or an area to install
sidewalks. Councilmen Hutto and Kimmons concurred. Councilwoman
Wilbanks said that she would like to see the sidewalks placed in
the neighborhoods themselves, and then go this other element
of the City participating when you go beyond the neighborhood.
She felt that it would be very difficult to accumulate a sum of
money that would allow any one entity to handle both of these areas.
She also commented that if some of the burden is assumed for the
sidewalks in the neighborhood by those who live there then she would
like the City to assume the financial burden for sidewalks along the
major thoroughfares and make it an united plan and not a sidewalk to
nowhere.
Councilman Cannon commented that there are some problems today
which had the City required sidewalks 10 years ago, the problem
would probably not exist today, and the stressed the fact he favored
requiring sidewalks in subdivisions. The vote follows:
Ayes: Councilman Kloesel
Mayor Gentry
Nays: Council members Lander, Kimmons, Wilbanks and Cannon
Abstained: Councilman Hutto
The motion was defeated.
Ordinance - Amending Chapter 26 of the Code of Ordinances Specifying
New Standards for Sidewalks and Driveways
The Administration felt that since sidewalks will be required
there should be a change in the ordinance and also in the requirements
for driveways. Mr. Ken Powers, City Engineer, reviewed these changes
with the Council. One thing that will be required is sand cushion
under the sidewalks and also that sidewalks will be reinforced with
N6 wire mesh or an equal reinforcement. There was a conflict as to
the thickness of the sidewalks in the subdivision specifications that
required four (4 ") inches and in Chapter 26, it stated four and half
(4� ") inches which will be revised to four (4 ") inches. The width
of the sidewalks was spelled out at four (41) feet in the subdivision
regulations and was not spoken to in Chapter 26; therefore, four (4')
feet is being specified in Chapter 26 for the width of the sidewalks.
The driveway regulations did state six (6 ") inch thick driveways
which has been changed to state five (5 ") inches thick on the city
right -of -way to take care of the heavy load of vehicles and four (4 ")
inches on private property. Mr. Powers also asked that this construc-
tion be reinforced with M6 wire mesh or an approved equal. Both of
these items, sidewalks and driveways, should meet FHA minimum require-
ments. There was an old clause in Chapter 26 which provided that
upon direction by the Director of Public Works, a property owner,
at his expense, would be required to replace a damaged sidewalk.
This clause has been taken out so that it will be the City's obligation
to repair any sidewalks that are damaged. This is the main reason
the Administration would like to up -date these specifications because
70908 -12
Minutes of the Regular Meeting - September 8, 1977
if the City is going to take the responsibility of maintaining the
sidewalks, we would like to make sure that they are built according
to the City's specifications. The Administration recommended
approval of the ordinance.
In response to a Question from Councilman Kloesel, Mr. Lanham
explained that funds would come out of the Revenue Sharing Street
and Sidewalk Fund to repair sidewalks.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Cannon seconded the motion.
Councilman Kimmons inquired about the additional cost of
installing wire mesh in the sidewalks. Ken Powers commented that
there would be an additional cost of approximately $28.80 in adding
the wire mesh. Mr. Powers also added that he had talked with two
contractors who are meeting these specifications at the present
time and they said the cost of their labor would not be increased
one way or the other with or without reinforcement.
Mayor Gentry inquired what procedure would be used in determining
which sidewalks are to be replaced and when. Mr. Lanham suggested
that the same approach be used as that used in determining what streets
are to be rebuilt, that is the ones in worst condition.
Councilwoman Wilbanks inquired about the reasoning for requiring
mesh in both the sidewalks and driveways considering that the side-
walks will not be bearing either the traffic or weight. Mr. Powers
explained that there is not that much strength derived from using
wire mesh. The reason that the City is specifying the use of wire
mesh is for temperature control to minimize cracking. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel and Cannon
Nays: Council members Wilbanks and Hutto
Mayor Gentry
ORDINANCE NO. 2310
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 26, "STREETS AND
SIDEWALKS," ARTICLE II, CONSTRUCTION OF SIDEWALKS,
CURBS AND GUTTERS, AND DRIVEWAYS, DIVISION 2,
SPECIFICATIONS AND OTHER REGULATIONS, BY REPEALING
THIS DIVISION AS PRESENTLY CONSTITUTED AND SUBSTITUTING
IN ITS PLACE A NEW DIVISION 2; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Awarding the Contract for Renovating the Heating and
Cooling System at the Community Building
Two bids were received for renovating the heating and air -
conditioning system in the Baytown Community Building. The
bid tabulation follows:
M. S. Young Company, Inc. $63,454.00
Tisdale Air Conditioning & Heating $69,980.00
The low bidder was M. S. Young Company, Inc. for the amount of
$63,454.00 with an estimated 140 calendar days to complete the
work. The other bid was submitted by Tisdale Air Conditioning
$ Heating for the amount of $69,980.00. The Administration
recommended approval of the ordinance.
Councilman Lander moved for the adoption of the ordinannce;
Councilman Cannon seconded the motion.
The Administration had estimated the costs to be $65,000.00
for the job including the engineering fees. The vote follows:
70908 -13
Minutes of the Regular Meeting - September 8, 1977
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE
NO. 2311
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID
OF M. S. YOUNG
COMPANY, INC.
FOR THE RENOVATION OF THE
BAYTOWN COMMUNITY
BUILDING
HEATING AND COOLING SYSTEMS
AND AUTHORIZING
THE CONTRACTING
OF INDEBTEDNESS BY THE CITY
FOR THE SUM OF SIXTY -THREE
THOUSAND FOUR HUNDRED FIFTY
-FOUR AND NO
/100 ($63,454.00)
DOLLARS WITH REGARD TO SUCH
AGREEMENT.
Ordinance
- Awarding the Bid for
the Estimated
Annual Supply
of
Water
and Wastewater Supplies
Several
bids were received and
only two companies,
Utility
Supply
and Municipal Supply, bid
on all of the
items -- others
bid on
just a few items. The bid
tabulation follows:
UTILITY
MUNICIPAL
HERSEY
ITEM
DESCRIPTION
SUPPLY CO.
PIPE g TAB.
PRODUCTS
I.
Repair Clamps
$ 9,154.30
$10,603.08
NO BID
II.
Brass Fittings
15,801.50
19,374.45
NO BID
III.
Cast Iron Fittings
19,988.50
22,284.00
NO BID
IV.
Galvanized Fittings
140.70
166.10
NO BID
V.
Polyethylene Pipe
2,750.00
3,275.00
NO BID
VI.
Asbestos - Cement Pipe
13,908.76
15,303.91
NO BID
VII.
Cast Iron Castings
8,690.00
9,655.00
NO BID
VIII.
Meter Boxes
6,266.00
7,090.00
NO BID
IX.
Polyvinyl Chl. Pipe & Fit.
42,746.45
48,429.85
NO BID
X.
Fiberglass Manholes
7,140.00
7,910.00
NO BID
XI.
Water Meters
30,013.55
31,055.00
$26,474.90
TOTAL
$156,599.76
$175,146.39
LESS DISCOUNT
15,659.98
NET TOTAL
$140,939.78
THE
EAGLE PIPE WESTERN
PIPE
ITEM
DESCRIPTION
ROHAN CO.
P SUPPLY $
SUPPLY
CO.
I.
Repair Clamps
$ 9,318.46
$ 7,917.93 $
9,994.12
II.
Brass Fittings
10,672.17
12,657.71
12,224.67
III.
Cast Iron Fittings
19,396.19
13,733.97
17,374.46
IV.
Galvanized Fittings
150.63
100.97
97.79
V.
Polyethylene Pipe
2,450.00
2,600.00
2,600.00
VI.
Asbestos - Cement Pipe
NO BID
15,410.06
13,789.14
VII.
Cast Iron Castings
3,695.90
8,495.05
9,603.00
VIII.
Meter Boxes
6,960.60
6,192.60
6,792.50
IX.
Polyvinyl Chl. Pipe $ Fit.
46,806.72
37,127.37
NO BID
X.
Fiberglass Manholes
NO BID
8,360.00
8,276.90
XI.
Water Meters
27,686.50
NO BID
25,131.00
SOUTHWEST
METER REPAIR
THE MARQUE
ITEM
DESCRIPTION
METMF_ S_ FLY
$ERVI'11 7INU7.
LRFMM=
I.
Repair Clamps
$ 8,479.22
NO BID
NO BID
II.
Brass Fittings
NO BID
NO BID
NO BID
III.
Cast Iron Fittings
426.12
NO BID
NO BID
IV.
Galvanized Fittings
NO BID
NO BID
NO BID
V.
Polyethylene Pipe
NO BID
NO BID
NO BID
VI.
Asbestos - Cement Pipe
NO BID
NO BID
NO BID
VII.
Cast Iron Castings
NO BID
NO BID
NO BID
VIII.
Meter Boxes
NO BID
NO BID
NO BID
IX.
Polyvinyl Chl. Pipe $ Fit.
NO BID
NO BID
NO BID
X.
Fiberglass Manholes
NO BID
NO BID
$6,820.00
XI.
Water Meters
NO BID
$27,915.50
NO BID
CASH DISCOUNT
2 %, 30 days
2 %, 10th
70908 -14
Minutes of the Regular Meeting - September 8, 1977
Utility Supply indicated on the bid sheet that if they were
awarded the entire contract, there would be a 10% discount.
If Council takes the low bid on each item, the total is
$150,859.35, and if Utility Supply's bid is taken with the
10% discount, their bid would be $140,939.78 bases upon the
estimated quantities.
In response to questions from Council, Mr. Lanham explained
that Utility Supply Company is located in Houston and that they
have been supplying the City of Baytown for many years. The Admin-
istration discovered in studying the bid proposal that several
items had been reduced in cost over last year.
Councilman Kloesel inquired if the water meters are American
made? Mr. Lanham responded that the meters are Rockwell meters
which are American made. Councilman Kloesel requested that the
Council be notified if the product being bid or the parts for
that product are foreign made.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2312
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF UTILITY SUPPLY COMPANY FOR
SECTION NOS. L, II, III, IV, V, VI, VII, VIII, IX, X,
AND XI OF CITY OF BAYTOWN BID NO. 778 -86 FOR THE PURCHASE
OF ESTIMATED QUANTITIES OF WATER AND SEWER SUPPLIES 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 on a Mosquito Fogger
Five bids were received for the
City's only mosquito fogger is out
to get one as quickly as possible.
STERN
DESCRIPTION EEMICALS
Leco - ULV -HD Mosquito
Spray Machine
DELIVERY DATE:
DESCRIPTION
mosquito fogger. Since the
of service, it is necessary
The bid tabulation follows:
HOLIMAN ZOECON
EQUIPMENT CO. INDUSTRIES
$3,000.00 $2,995.00 $3,050.00
21 calendar immediately 21 calendar
days days
LOWNDES ENGINEERING TEXAS VECTOR
COMPANY, INC. CONTROL
Leco - ULV -HD Mosquito $3,055.00 $2,945.00
Spray Machine
10 calendar 10 calendar days,
DELIVERY DATE: days sooner if desired
The low bidder was Texas Vector Control for the amount of $2,945.00.
The City's estimate was $3,000.00. Delivery can be made within 10
days. The Administration recommended approval of the ordinance.
Councilman Cannon moved for the adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
70908 -15
Minutes of the Regular Meeting - September 8, 1977
ORDINANCE NO. 2313
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF TEXAS VECTOR CONTROL FOR
THE PURCHASE OF ONE MOSQUITO FOGGER AND AUTHORIZING THE
PAYMENT BY THE CITY OF THE SUM OF TWO THOUSAND NINE
HUNDRED FORTY -FIVE AND N01100 ($2,945.00) DOLLARS.
Consider Rejecting Bids on Sewer Line Cleaner
The City estimated the cost of this sewer line cleaner to be
$60,000.00 which would be covered under the Revenue Sharing Funds.
Four bids were received for the sewer line cleaning machine. The
bid tabulation follows:
BAYTOWN BOB HAMRIC,
DESCRIPTION: MOTORS, INC. INC.
Sewer Line Cleaner $64,674.49 $64,994.00
LOCATION OF PARTS Baytown, Texas Truck - Baytown, Texas
AND SERVICE: Body - Dallas, Texas
WARRANTY: 12 mo. or 12,000 mi. 12 mo. or 12,000 mi. on
on Truck - 6 mo. Body Truck - 6 mo. Body
MAKE 8 MODEL: GMC - CE67213 Chev. - CE67313
DELIVERY: 150 days 120 - 150 days
ENVIRONMENTAL SALES JIM BALL
DESCRIPTION: AND SERVICE INTERNATIONAL, INC.
Sewer Line Cleaner $65,486.00 $66,381.22
LOCATION OF PARTS Dallas, Texas Baytown, Texas
AND SERVICE:
WARRANTY: 12 mo. or 12,000 mi. 12 mo. or 12,000 mi. on
on Truck - 6 mo. Body Truck - 6 mo. Body
MAKE $ MODEL: Ford - LN -800 Inter. - 1800 Loadstar
DELIVERY: 150 days 150 days
The only bidder that met specifications was Jim Ball International
which submitted the bid of $66,381.00. The Administration recommended
that all the bids be rejected and this item be readvertised.
Councilman Kimmons moved to reject the bids and authorize the
Administration to readvertise; Councilman Kloesel seconded the
motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
Resolution - Suggesting Projects and Listing Priorities for Next
Harris County Bond County Bond Program
Mr. Lanham explained that Mayor Gentry had received a letter from
Judge Jon Lindsay indicating that the County is making plans for a
bond election which will be held in about 18 months and asked for
suggestions from the City for projects to be included in that Capital
Improvement Program
70908 -16
Minutes of the Regular Meeting - September 8, 1977
Councilman Kloesel moved that the resolution be adopted with
an addition to be made under Street Improvements. He would like
to move Item 5, Barkaloo Road to Item 6, and move Item 6, Tri -Cites
Beach Road to Item 7, and move Item 7 to Item 8, Evergreen Road, and
add a new Item 5, West Main from Market Street to the intersection
of South Main - install four lanes.
Mr. Lanham inquired if he meant more than just re- surfacing?
Mr. Lanham explained that he had talked with Commissioner Jim
Fonteno's office about whether or not West Main should be included
in this list. Mr. Fonteno's office indicated that it should not be
included because money had been set aside for re- surfacing. Mr.
Lanham pointed out that if the street was to be rebuilt, a new bridge
would need to be built across Goose Creek Stream. Councilman Kloesel
decided to delete this change and moved to adopt the resolution as
submitted; Councilwoman Wilbanks seconded the motion. The vote
follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 591
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, SETTING FORTH DESIRED PRIORITIES
FOR CAPITAL IMPROVEMENTS WITHIN THE CITY LIMITS
OF THE CITY OF BAYTOWN AND IN THE BAYTOWN AREA.
Resolution - Requesting that the City of Baytown Be Exempted from
the Requirements of Senate Bill No. 411 (Volunteer Firefighter's
Relief and Retirement Fund
This legislation increases the benefits under this program and
increases the City's contribution to the program. If the City ,
does not opt out before November 1, 1977, the City will automatically
be included as part of the new program. The State Firemen's Pension
Commissioner is required to submit information to the cities for
their use in making a determination as to whether or not they want
to contribute. The Commissioner has not provided the City with
this information as yet, but he has recommended that this action
be taken. The act provides that a city may at a later date, elect
to participate in the program. This is a temporary decision and
the Administration will come back to Council whenever the information
is available to report what the costs will be. The Administration did
include some money in budget which was approximately $15,000.00 to
take care of these additional benefits should Council decide to
participate. The Administration recommended approval of the resolution.
Councilman Lander moved for the adoption of the resolution;
Councilman Kimmons seconded the motion.
Councilman Kloesel reported that officials in other cities have
looked at this plan very carefully and one city had an actuary study
made which proved the plan to be a good one, but there are problems
in initially implementing the plan. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 592
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ELECTING TO EXEMPT ITSELF FROM THE REQUIREMENTS
OF THE VOLUNTEER FIRE FIGHTER'S RELIEF AND RETIREMENT
FUND ACT (S.B.411).
70908 -17
Minutes of the Regular Meeting - September 8, 1977
Resolution - Confirming the Declaration by the Civil Defense Director,
with Approval of the City Manager, of the Existence of an Emergency
on August 31, 1977
The City Code provides an emergency may be declared by the Civil
Defense Director with approval of the City Manager but it must be
confirmed by the City Council at its next meeting. There were high
tides on August 31, 1977, with the threat of a hurricane and an
emergency was declared. The Administration recommended approval
of the resolution.
Councilman Kimmons moved to adopt the resolution; Councilman
Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 593
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CONFIRMING THE DECLARATION BY THE CIVIL DEFENSE
DIRECTOR WITH THE APPROVAL OF THE CITY MANAGER OF THE
EXISTENCE OF AN EMERGENCY ON THE 31ST DAY OF AUGUST, 1977.
Ordinance - Authorizing the Execution of an Earnest Money Contract
for the Purchase of Land for the BAWA Plant Site
This earnest money contract is for one of two sites, and the
Administration has a letter indicating acceptance from the other
owner. The Baytown Area Water Authority Board has reviewed the
sales agreement and they recommend approval.
Mr. Neel Richardson, City Attorney, reviewed the provisions of
the contract with Council. This is a contract whereby the Baytown
Area Water Authority agrees to purchase some 30.6 acres for the sum
of $3,750.00 per acre based upon a survey which the sellers will
furnish. They will also furnish the City with a guarantee title.
The contract also provided that the Water Authority will agree,
subject to the capacity of the facilities of the authority, to sell
water to the seller for a remaining tract of land which they will
develop in the future. The sale of that water to be upon the terms
and conditions which are prevailing at the time for the Water Authority.
The Board of the Water Authority has approved the contract and since
they have approved the contract, there has been two minor changes in
the contract. The changes are not substantive but if Council can
give their approval subject to the Board's approval, the City will
be ready to move ahead on this project. The Administration recommended
approval of the ordinance.
Councilwoman Wilbanks moved for the adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2314
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS., APPROVING AND AUTHORIZING THE EXECUTION OF AN
EARNEST MONEY CONTRACT BETWEEN THE ESTATES OF WILLARD
L. RUSSELL AND STELLA W. RUSSELL, DECEASED, FOR THE
PURCHASE OF REAL ESTATE PROPERTY FOR THE BAYTOWN AREA
WATER AUTHORITY WATER TREATMENT FACILITIES; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
109U8 -l8
Minutes of the Regular Meeting - September 8, 1977
Consider Authorization to Advertise for Bids on the Kilgore Road
Storm Sewer Project
The Administration is not ready on this item at the present
time.
Consider Request of Mrs. L. G. Huff for Sewer Service Outside the
City Limits
Mrs. L. G. Huff of 3903 Raccoon Drive is requesting sewer
service at that location which is outside the city limits. Mrs.
Huff understands that she would pay the cost of installation and
12 times the normal sewer charge. The Administration recommended
approval of this request.
In response to questions from Council, Mr. Lanham explained
that the sewer charge oustide the city limits is based on the
average residential water bill.
Councilman Kloesel moved to approve the request for sewer service;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
Fire Truck - Revenue Sharing Funds
Councilman Kloesel asked that the Administration prepare
specifications, and if possible, within a month, Council could
look at the specifications and then authorize the Administration
to go out for the bids on the fire truck that is covered under the
Revenue Sharing Funds.
Discuss Policy Which Allows the Use of Police Vehicles to the
Benefit of Private Enterprises
At the last Council meeting, Councilman Ted Kloesel requested
than an item be placed on the agenda to discuss the use of police
vehicles on off -duty jobs which benefit private enterprise. Council-
man Kloesel indicated that his primary disagreement with Council is
allowing the total impact program to continue. He commented that
he does not feel that the police vehicles can be used by the officers
legally for off duty work regardless if that vehicle is just parked
there or whether the vehicle is being used for patrol purposes.
Councilman Kloesel stated that he has received numerous complaints
concerning the fact that public property is being used to benefit
private enterprise. He inquired how police officers are referred
to these private enterprises and he also requested that the Admin-
istration report as to the total officers in uniform, including
detectives, compared to the number of vehicles.
Councilman Lander inquired if there are any police cars that
are used for patrol in private enterprises. Mr. Lanham responded
that the policemen are only permitted to drive their vehicle to
their off -duty job, but they are not permitted to use it for
patrolling on private premises. If while on an off -duty job a call
is received from the dispatcher, the officer is expected to respond.
Councilman Kloesel commented that there are cases when the property
owner of an apartment complex reports a disturbance call directly
to the police officer living on the grounds, who is a security
officer for that complex on his off -duty job, and that it was his
understanding that they do use their vehicles for this purpose.
Councilman Hutto commented that he felt that a police officer is on
duty 24 hours a day and it would be easier for him to respond
immediately instead of dispatching an officer from the other side
70908 -19
Minutes of the Regular Meeting - September 8, 1977
town. Mayor Gentry commented that he felt the difference is if he
responds to a problem on that employer's property, he should take
care of the call on foot or in his personal car. Mayor Gentry
also commented that he does not think the City should be using
police cars to look into matters of security or any other problem
for property owners. If the call comes through the regular channels
or through the police dispatcher, the case would be different.
In response to questions from Council, Bo Turner, Chief of
Police, stated that usually off -duty jobs were arranged by the
individual contacting the officer directly, but when an individual
contacted the Police Department for an officer to work off duty,
the notice was posted on a bullentin board. Chief Turner also
stated that he does not know anyone from the Police Department
who is using the City's vehicles for routine patrolling of private
premises, but stated that he will check on this matter.
After further discussion, Mayor Gentry explained that no one on
the City Council had every said anything about discontinuing police
officers escorting buses to out of town football games. He also
stated that he was highly opposed to any member of the Police
Department giving out this type of incorrect information, and asked
Chief Turner to investigate this matter fully.
Councilman Hutto requested that the Administration check on the
misuse of the Total Impact Program because if this misuse of vehicles
continues, it could jeopardize the entire program. Mr. Lanham asked
that whenever Council receives a report of misuse that they refer
the citizen to him so the Administration can investigate the matter
further.
Committee Reports
None
Unfinished Business
None
Recess and Reconvene
Mayor Gentry recessed the open meeting into executive session to
discuss pending litigation, land acquisition, and personnel matters.
When the open meeting reconvened, Councilman Kimmons moved to re- appoint
I. J. Butrick, Robert Gillette, and Tillman D. O'Brien, Jr. to the
BAWA Board since each of these Board members have indicated a willingness
to serve. Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
There being no further business to be transacted, Councilman
Lander moved to adjourn; Councilman Kloesel seconded the motion.
The vote was unanimous to adjourn. (
n 2omV P014t4
Karen Petru, Deputy City Clerk
Approved:
9
Eileen P. Hall, City Clerk