1977 10 13 CC Minutes71013 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
October 13, 1977
The City Council of the City of Baytown, Texas, met in
regular session Thursday, October 13, 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
Councilman
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 Henry McCaghren, Minister of the Lakewood Church
of Christ.
Approve Minutes
Councilman Kimmons moved to approve the minutes of the Regular
Meeting of September 22, 1977, and the Special Meeting of October
6, 1977, and ratification of actions concerning each of the matters
listed on the agendas of said meetings; Councilwoman Wilbanks
seconded the motion. The vote follows:
Ayes: Council members Kimmon, Kloesel, Wilbanks, and Hutto
Mayor Gentry
Nays: None
Receive Petitions
None.
City Manager's Report
Two - Person Garbage Truck - The two - person garbage truck has
been received and placed in service. The new budget includes
funds for additional garbage packer vehicles, and after a few
months experience with this new vehicle, the Administration will
come to Council with a recommendation on what type of vehicle
should be purchased this year. The new vehicle is being utilized
in the Graywood, Central Heights and Busch Terrace areas on
Monday and Thursday, and in the Plumwood area on Tuesday and Friday.
West District Sewerage Treatment Plant - The option that the
City of Baytown has to purchase approximately 6: acres of land
near I -10 for the construction of the West District Sewerage
Treatment Plant will mature on November 1, 1977, and at that time,
if the City does not stipulate otherwise, the land must be pur-
chased. All the proper permits have been received, and even
though federal funding has not been received, the Administration
expects to receive the funding. Therefore, unless Council objects,
the Administration will allow the option to run and complete the
necessary transactions to purchase the property; Council had no
objections.
71013 -2
Minutes of the Regular Meeting - October 13, 1977
Street Improvement Program - The contractor has completed the
work on Eighth Street and Jones Street. The curb and gutter
work is complete on Baylor and parts of Morrell, Gresham, and
Schilling Streets. Those streets will be asphalted next week.
The streets remaining to be worked are State, Newnam, King,
Bayliss, Illinois, and North Burnett.
Sliplining Contract - Work has been completed at eight of the
/. locations. Work is in progress on one other location and the con-
tractor has not started work at three locations.
Community Development - All of the storm sewer is in place and
the contractor has replaced a number of the sidewalks that were
not acceptable. The only work remaining is cleanup, asphalt work,
driveway work, and a few inlet adjustments.
East District Sewerage Plant - On the East District Sewerage
Treatment Plant, the work is 758 complete and this contractor
expects to complete the work well ahead of the projected completion
date.
Market Street Bridge - The fill is in place and about 208 of
the bridge work has been completed. Lime has been placed on that
portion of Market directly in front of Lee High School and the
ramp into the high school parking lot will be limed this Saturday.
The contractor will set forms on that portion of the street directly
in front of the high school next week and that portion should be
open within the next five weeks, depending on the weather. This
will permit the students to enter or leave the parking lot on the
Market Street side.
Water Line Contract - The water line contract is about 608
complete; 1,000 feet of pipe is in the ground. The contractor is
now working inside the refinery area, therefore the work is moving
slower now.
Questions or Comments Regarding the City Manager's Report
In response to a question from Council, Mr. Lanham informed
Council that Mr. Ivan Langford is now Acting City Engineer.
Councilman Kloesel was concerned that when the sidewalks were
poured for the Community Development Project, the reinforcement
was at the bottom of the pour. Mr. Lanham explained that the
Administration was very careful to make certain that this was not
done when the sidewalks were replaced.
*Councilman Cannon present.
Councilman Hutto requested that the City of Baytown Engineering
Department inspect all work including storm sewers and sanitary
sewers on Baker Road since the City would be assuming the responsi-
bility for maintenance upon completion and acceptance.
In response to a question from Councilwoman Wilbanks, Mr. Lanham
explained that the signal at the intersection of Garth and Baker
would be replaced under the bond program. The preliminary plans
are being developed and the Administration will be presenting those
plans to Council within the next 2 -3 months.
Councilman Hutto asked that the Traffic Committee consider the
speed limit on North Main from Baker Road to Cedar Bayou Lynchburg
Road with the intent of making the speed limit uniform.
71013 -3
Minutes of the Regular Meeting - October 13, 1977
Commissioner Jim Fonteno Appeared
Commissioner Jim Fonteno appeared to request that the City
Council lend its support to the proposed Harris County Maintenance
Tax, and requested that the Council adopt Proposed Resolution 595.
This increase will allow the County to keep the Flood Control
Ditches cleaned out. The County has been at the $.05 level for
30 years and for this reason, maintenance is falling behind.
Councilman Kimmons moved for the adoption of Resolution No.
595; Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
RESOLUTION NO. 595
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, OFFICIALLY SUPPORTING AND ENDORSING AN INCREASE
IN THE HARRIS COUNTY FLOOD CONTROL DISTRICT MAINTENANCE
TAX AND URGING RESIDENTS OF THE CITY TO VOTE IN FAVOR
OF THE TAX ISSUE.
* *Councilman Hutto absent.
Johnny Busch Appeared
Johnny Busch appeared as representative of the owners of Country
Club Section 6 regarding the possibility of amending the ordinance
which was passed several meetings ago regarding sidewalks. At
present, the builder of the home is responsible for the installation
of the sidewalk due to the ordinance that was passed; however, prior
to its passage there were several subdivisions which had already
received approval, and Country Club 6 was one of those. At present,
the developer is an untenable position because he either must build
the sidewalks now or post a bond guaranteeing that he will eventually
build the sidewalks. The bond is not available because it would
be open- ended.
** *Councilman Lander present.
You can buy a bond if you are in the sidewalk or development
business if you have a time limit attached to it. The other alter-
native is that he build the sidewalk now which is not practicable
because the sidewalks would be torn up during construction. There-
fore, Mr. Busch asked that the ordinance be amended to allow those
several subdivisions to have the sidewalks placed in the same manner
as a new subdivision - -one that is getting approval under the new
regulations so that the builder of the house would build the side-
walks. The building inspector would be the regulatory person and
the building permit would be issued with the requirement that side-
walks be constructed. The City Attorney had prepared an ordinance
for Council consideration which would require any person desiring
a building permit for the construction of a residential structure
in a subdivision given final approval by the Planning Commission
after December 17, 1970 to construct sidewalks meeting the standards
set forth in Chapter 26 of the Code. He had also prepared an
alternate to this ordinance which he felt would better suit the
existing circumstances within the city which would require any
person desiring a building permit for the construction of a resi-
dential structure in a subdivision given final approval by the
Planning Commission during any period when an ordinance requiring
the construction of sidewalks was in effect to construct sidewalks
meeting the standards set forth in Chapter 26 of the Code. Mr.
Richardson commented that he would prefer the alternate ordinance
because as diligent as the Administration had tried to be in their
research, it is entirely possible that December 17, may not be an
all inclusive date, and if Council would adopt wording like this,
it would accomplish the same purpose.
71013 -4
Minutes of the Regular Meeting - October 13, 1977
Mayor Gentry inquired that if by adopting this ordinance,
would it be possible that Council would be forcing someone who
might build a home in a subdivision where there are no sidewalks
to install a sidewalk in front of their house. Mr. Richardson
commented that he foresees a problem because it is entirely
possible that a subdivision could have been approved in January,
1970 where sidewalks would have been required by the Subdivision
Ordinance and it could have been for some reason that the developer
or the builders in that particular subdivision did not build side-
walks. If there was an undeveloped lot still remaining in the
subdivision, this ordinance would require that a sidewalk be built
except when Council originally adopted Ordinance 2279, there was a
provision that did leave some discretion for exceptions with the
Chief Building Inspector if in his determination a sidewalk would
serve no useful purpose. Mayor Gentry pointed out that whenever
such person is involved in this circumstance he could appear
before Council so that he could be exempted.
Mr. Richardson commented that what the City is trying to
accomplish by the passage of this ordinance is to retain the
requirements already established, and provide an equitable situation
for subdivisions that are not yet under construction.
In response to a question from Councilman Kloesel, Mr. Richardson
explained that the developer will not be given final approval, if
sidewalks are not developed and sidewalks were listed when the plat
was submitted to the Planning Commission.
The Administration recommended approval of the alternate
ordinance.
Mr. Richardson explained that it is the intent that the adoption
of this ordinance would repeal all ordinances that are inconsistent
with this ordinance but the old provisions of Chapter 27 are not
deemed to be in conflict.
Councilman Kimmons moved for the adoption of the alternate
ordinance as suggested by the City Attorney. Councilwoman Wilbanks
seconded the motion.
Councilman Cannon inquired if this ordinance would change the
requirement for any existing subdivision where a developer might
have an obligation to put in sidewalks for finished houses. Mr.
Richardson explained that the City has attempted to design this
so that his obligation is not abrogated.
Councilman Kloesel commented here that the City is allowing
citizens to rent or occupy buildings that do not meet good health
standards and this situation should be considered. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel and Wilbanks
Mayor Gentry
Nays: Councilman Cannon
ORDINANCE NO. 2326
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CODE OF ORDINANCES, CHAPTER 7,
"BUILDINGS," BY REPEALING THE PROVISIONS OF ARTICLE IV,
SIDEWALKS, SECTION 7 -40 AS PRESENTLY CONSTITUTED AND
ADOPTING A NEW SECTION 7 -40, REVISING THE RESPONSIBILITY
FOR BUILDING SIDEWALKS; PROVIDING A PENALTY; PROVIDING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
* *Councilman Hutto present.
71013 -5
Minutes of the Regular Meeting - October 13, 1977
Dr. Keith Coburn Appeared
Dr. Keith Coburn, President of the Whispering Pines Homeowners
Association, appeared before Council to request a little assistance,
perhaps in the form of a resolution from the City Council to be
directed to the Texas Water Resources Department to protest the
dumping of treated effluent into a dry Harris County Flood Control
Ditch which would create an environmental hazard to the health and
well -being of the community.
Dr. Coburn explained that this problem relates to an applica-
tion for the sewerage treatment plant for the Timber Ridge Sub-
division which is to lie about a mile north of Whispering Pines
outside the city limits. Perry Walker Investments recently made
application for this treatment plant which is designed to handle
the capacity for the proposed 46 homes in Timber Ridge. After
the effluent will be treated, it will flow into a dry Harris County
Flood Control Ditch which will pass south through Whispering Pines
into a dry gully and then into Cary's Bayou which lies between
Whispering Pines and Kingsbend Subdivision and then eventually
into Cedar Bayou. Dr. Coburn explained that there was a public
hearing on September 16, 1977, at which time this Association
presented testimony, objecting to this route. Also, there was
expert testimony given by the Texas Water Rights Commission
and their engineers who had no particular complaints because they
feel the treated effluent will be well cared for and see no reason
why it cannot pass through the ditch. However, this was opposed
by the Harris County Pollution Control Director and his testimony
stated that he currently sees the existing problems day in and
day out in other parts of the county. On most occassions the effluent
will be well treated but on some occassions this might be impossible
due to mechanical failures. The Association's concern is that at
the present time, there is no receiving body of water for two miles.
Councilman Lander inquired as to what the alternate proposal
would be for the effluent? Dr. Coburn explained that there has
been 2 alternate proposals for the disposal. The distance from
this plant to Cedar Bayou is approximately 2,000 feet and the
alternate being proposed would be to pump the effluent directly
to Cedar Bayou which would cost approximately $24,000.00. The
other alternative that has been proposed which would actually
be the most economic and feasible solution is for the builder to
work out some type of contract with the City of Baytown to do the
entire treatment procedure. This would, of course, need to be
negotiated. The Association is requesting, in their efforts, to
get the Texas Water Resources Commission to require that the builder
adopt one of the two alternatives because either the municipal
treatment or the larger receiving body of water for the effluent
would be an effective alternative. The Association estimated that
$300.00 per lot is what the builder would have to come up with to
provide a city service to his purchasers. If this effluent is
passed and channeled through to the Bayou by the developer, the
approximate cost would be $700.00 per lot to the developer.
7
Mayor Gentry inquired if the City has a line that would be able
to receive this effluent. Mr. Lanham explained that there are
lines in the vicinity of Massey Tompkins Road and for long term,
the Administration is working on preliminary plans for a new line.
Dr. Coburn commented that it is approximately 6,000 feet from the
proposed plant or subdivision down to the nearest collecting point j
by the city at the present time. Councilman Kloesel inquired as
to when the City anticipates the new line will be built. Mr. Lanham
commented that the construction of a line should begin anywhere
from 9 to 12 months. Councilman Kloesel also inquired if the
subdivision is being developed at the present time. Dr. Coburn
explained that there are houses being constructed at the present
time. Mr. Lanham explained that this is an unplatted area.
71013 -6
Minutes of the Regular Meeting - October 13, 1977
Councilwoman Wilbanks inquired if Perry Walker Investments own
property all the way over to Cedar Bayou? Dr. Coburn responded that
Mr. Walker does not own all the property but some of the land owners
in that area have offered the right of way for the pipe line. Dr.
Coburn once again stated that the most effective thing that could
be done is for Council to pass a resolution stating that the City
would like to see some alternative taken.
In response to an inquiry made by Councilman Cannon, Dr. Coburn
explained that the estimated cost to run the effluent into the
Bayou is approximately $24,000.00 plus the cost for the treatment
plant which will have to be constructed. Dr. Coburn further explained
that with the cost for the proposed connections with the City, the
cost of the lines from the subdivision minus the cost of the treat-
ment plant and adding the additional $150.00 per lot tie -on fee,
the cost for the entire system would be approximately $54,000.00.
Dr. Coburn felt that the reason Mr. Walker wanted to dump the
effluent into the dry flood control ditch would be to save money.
Dr. Coburn emphasized that if there was a quantity of water flowing
through this ditch, there would be no grounds for complaint. Dr.
Coburn pointed out that Council had been previously faced with the
same problem of dumping effluent into Spring Gully in the Lakewood
Subdivision. Councilman Lander concurred that the situations are
similar, and Councilman Lander said that he felt the citizens on
the east side of town should be treated in the same manner as the
citizens on the west side of town.
Councilman Lander moved that Council support a resolution;
Mayor Gentry commented that at the present time there is no resolution.
Councilman Kloesel stated that if Council would like to place this
matter on the agenda for the next Regular Council Meeting, he would
like to hear Mr. Walker's side. He also expressed the feeling that
Dr. Coburn's comments were good and stated that a resolution could
be prepared after Mr. Walker gave his comments, if necessary.
Councilman Lander asked how critical would be a two -week delay.
Dr. Coburn explained that at the public hearing on September 16,
there was a delay in the closing of the official records for two
weeks on the Association's behalf so that other engineering studies
could be made. These were done and there has been a delay of one
week in correspondence with Mr. Lanham about negotiations. There-
fore, within the next couple days, the public hearing will be
closed with a recommendation to be made by the Hearing Examiner
to the Texas Water Rights Commission. The only leverage at this
time is that a permit has not been issued.
Councilman Hutto commented that he is sympathetic with the group
but felt that the best solution in the long run would be to get
the sewer into the city's system on Raccoon Drive.
Councilman Lander moved that Council pass a resolution resisting
the dumping of the effluent from the new subdivision into this
county flood control ditch and that other alternatives be considered
for the disposal of the effluent; Councilman Kloesel seconded the
motion.
Mr. Perry Walker, builder of Timber Ridge Subdivision, spoke in
behalf of the treatment facilities. Mr. Walker first commented that
the figures Dr. Coburn presented do not conform with the figures
that Mr. Walker's engineering firm came up with, but the main issue
at the present time is that he does not have 6 to 9 months to wait.
He stated otherwise, he would be in favor of an alternate proposal,
but at present, houses are being constructed which will need sewer
hookups in three months. He stated that a public hearing was held
with 3 to 4 hours testimony given. Mr. Walker commented that lots
71013 -7
Minutes of the Regular Meeting - October 13, 1977
are being sold and this long waiting period has put many people
in an inconvenient situation. Mr. Walker explained that he had
applied for this permit 8 months ago, and that he felt the re-
routing of the sewer effluent would cost more than $300.00 per
lot. Mr. Walker felt that people would find a treatment plant
more desirable than septic tanks. If septic tanks are to be
used, he said the discharge would be emptied into the same
vicinity. Mr. Walker also commented that they are trying to make
Timber Ridge a better project and septic tanks would be very
undesirable.
Councilman Kimmons inquired
would the effluent be emptied.
would be approximately one mile
dry and would serve as a drying
it down to the Bayou.
Mr. Walker also stated that
temporary and could be moved at
the city would be annexing that
wise, if a treatment plant canny
would be the only alternative.
with all state requirements and
requirements.
how far above Whispering Pines
Mr. Walker replied that it
away. This ditch is 90 to 95%
bed until a rain came and washed
the treatment plant would be
a future date. He predicated
area in four or five years. Other -
Dt be constructed, septic tanks
Mr. Walker said that he is complying
will keep complying with these
Mr. Lanham commented that the present line in this vicinity
would be able to accommodate this effluent from 49 homes but any
future developments would need to be handled with the additional
lines that are to be installed.
Mayor Gentry commented that he is sympathetic with the
residents in Whispering Pines, but the only problem is that he
has not had the time to look at the whole project and know exactly
what is happening. There is some confusion as to the expense of
the treatment plant and the cost of the lots if an alternative is
met. Mayor Gentry went on to say that it would not be fair to
recommend anything at this time since all the facts were not
known.
Councilman Hutto commented that one fact he was not confused
about is the fact that he wants this effluent in the City's system.
Councilman Hutto said that Mr. Walker could tie into the City's
system without any problem because it involves only 49 lots.
Mayor Gentry mentioned that even though the Harris County
Pollution Control in their testimony were not in favor of disposing
of the effluent into this dry ditch, he could not in good conscience
vote in favor of the resolution since another agency gave testimony
to the effect that there was no problem with Mr. Walker's plan.
Councilman Lander contended that the Council needs to be
consistent in that on the West side of the City, Council had the
same testimony that it would be perfectly alright to put the City's
effluent into the ditch in the Lakewood subdivision, yet Council
elected not to do so. Therefore, Councilman Lander felt that the
Council owes the people on the East side of the City the same
consideration. Since the current lines are capable of handling
the effluent, Councilman Lander felt that a reasonable alternative
would be to tie into the City's present system and when the new
lines are constructed next year, the lines could be reconnected
into the larger lines. Mr. Lanham pointed out that there is another
consideration whether or not an acceptable contract can be worked
out. Neel Richardson, City Attorney, explained that Council would
have to contract with that subdivision or someone who represents
that subdivision and not the individual homeowner.
71013 -8
Minutes of the Regular Meeting - October 13, 1977
Mayor Gentry asked Dr. Coburn what they would do if Mr. Walker's
permit was turned own and the individuals in Timber Ridge would
install septic tanks. Dr. Coburn responded that there is an existing
county ordinance prohibiting the installation of septic tanks on a
lot smaller than 1 acre of land.
Councilman Cannon felt that Council could pass this resolution
which would not kill the project and if within a couple of weeks
the parties involved were unable to work out some solution, then
a withdrawal of the objection could be considered.
Councilman Kimmons and Hutto concurred with Mayor Gentry regarding
the fact Council did not have sufficient information regarding this
matter.
Councilman Cannon explained by voting in favor of the resolution,
that he would not be voting against this particular project. He
went on to say that he is against the emptying of the effluent into
this dry ditch if there is some suitable alternate.
Curt Meyer, resident and Director of the Whispering Pines Home-
owner's Association, pointed out that the installation cost of
$54,000.00 was based on Busch, Hutchinson & Associates estimate.
Mr. Meyer read a paragraph of the letter received from Busch,
Hutchinson & Associates, "Another suggestion was to work out some
kind of agreement with the City of Baytown and pump the subdivision's
wastewater to the nearest City collector main. This alternate has
been investigated. The City of Baytown is in the process of developing
a base contract for the purpose of making agreements with entities
outside its city limits. As explained by City officials, the
contract document is very long and complicated and has not yet been
approved by the City Council and there will be quite some time
before this contract is ready to be negotiated with any entity.
The estimated cost for routing the wastewater to the nearest City
of Baytown collector main is as follows - pump station - $20,000.00,
6,200 linear feet of force main - $24,800.00, bridge crossing -
$2,000.00. The total cost is $46,800.00." Added to that total
is approximately $7,000.00 which would be the cost of the $150.00
per home tie -in for 49 lots and that would bring the total to
$54,000.00. With the estimated cost for the sewer treatment plant
not being expended, there is a net cost of $14,000.00 plus rights
of way if any are required. Mr. Meyer explained that these figures
were addressed to the Texas Water Resources Board on September
22, in a letter by David Corbin, who is an engineer with Busch,
Hutchinson and Associates, which is the engineering firm that Mr.
Walker employed in this particular capacity.
Mr. Walker commented that this estimate did not include the
piping behind the houses. There is approximately $15,000.00 -
$18,000.00 cost in installing the sewer lines plus labor.
The vote follows:
Ayes: Council members Lander, Kloesel, Cannon and Wilbanks
Nays: Council members Hutto and Kimmons
Abstaining: Mayor Gentry
RESOLUTION NO. 597
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RESISTING THE APPLICATION TO DISCHARGE EFFLUENT
FROM THE TIMBER RIDGE DEVELOPMENT INTO HARRIS COUNTY
FLOOD CONTROL DITCH NUMBER Q112 -02 -02 AND URGING THAT
ALTERNATE METHODS OF SEWAGE DISPOSAL BE CONSIDERED.
71013 -9
Minutes of the Regular Meeting - October 13, 1977
Ordinance - Authorizing a Franchise Agreement with Entex, Inc.
The Entex franchise expires February of 1978. Several weeks
ago, Mr. Richard DeSalme came to the Administration and indicated
that Entex would like to begin working on a franchise agreement,
and they have prepared a proposed franchise agreement. The City
Attorney has rewritten this franchise agreement and has gone over
the agreement with Mr. DeSalme. Mr. Lanham mentioned the fact
that at the time the Entex franchise, that is the Entex Company an
that served 7 or 8 customers here in Baytown, was approved by the
Council, it was indicated that in the future, Council should
consider the possibility of increasing the franchise tax from 2%
to 3% and that was a requirement of that particular franchise in
1972. When Houston Natural Gas was bought out by Entex, that
franchise was no longer applicable, and the existing Houston Natural Gas
franchise was then applicable.
Mr. DeSalme has indicated that his company is willing to go to
3% if it only applied to residential and small commercial. The
2% agreement applies to residential, small commercial and commercial.
This 3% agreement is in effect in other surrounding cities in this
area. If the franchise tax were increased from 2% to 3% but applied
to a different group of users, the difference would be between
$115,000.00 and $137,000.00 based on the period ending July, 1977.
However, the ordinance that has been prepared leaves the franchise
tax at 2% and remaining as is insofar that it is applicable to
all users.
Mr. DeSalme was present to discuss this with Council. He
explained that in 1972, Houston Natural Gas had a thirty year
franchise in the City of Baytown that was granted in 1948. In
1972, Entex came to the City of Baytown and requested and received
a limited franchise. At that time, Council honored the franchise
that Houston Natural Gas had and therefore, Entex received a
limited franchise to serve in certain areas of the City of Baytown.
In 1976, the reason that the 1972 Entex franchise was cancelled was
due to the fact that it was a limited franchise. This limited
franchise was cancelled and Entex continued to operate under the
1948 Houston Natural Gas franchise. Under the 1948 Houston Natural
Gas Franchise, Entex is paying 2% on residential, small commercial
and commercial customers. There is an alternative that if Council
so desires, Entex would be willing to increase the franchise tax
payments to the City from 2% to 3% for only residential and small
commercial customers.
Mayor Gentry inquired as to the reason the franchise tax would
be increased and only affect residential and small commercial
customers? Mr. DeSalme explained that the reason for this is to
try to hold the cost down in the long run to the customers. Mayor
Gentry also inquired about the volume of usage by the commercial
customers. Mr. DeSalme responded that inside the City of Baytown,
approximately 99% of all Entex customers are residential and
small commercial customers. There are approximately 14,000
residential customers, approximately 950 small commercial customers
and in the neighborhood of 90 to 100 commercial customers. In the
sales volume, 82% of the revenue within the City of Baytown comes
from residential and small commercial customers. Approximately
18 -20% of the revenue comes from the commercial customers.
Mayor Gentry also inquired about which types of business would
be classified under commercial or large commercial? Mr. DeSalme
explained that primarily the schools, apartments and a few apart-
ment complexes would be under this classification. Mr. DeSalme
explained that many of the large apartment complexes are all
electric. Mr. DeSalme responded that the law provides for the
maximum payment of 2 %. Anything above the 2% is negotiable between
the City and the company.
71013 -10
Minutes of the Regular Meeting - October 13, 1977
Mr. DeSalme gave an example of figures based on revenue from
August, 1976 to July, 1977, which would be excluding the commercial
customers. Based on the 2% method, the City would receive a check
in the amount of $115,000.00. Based on the proposed 3% method
which would include residential and small commercial customers,
the City would receive a check for $137,000.00. In regard to the
2 and 3%, the complete East Texas Division of the Entex Company,
all the cities pay 2%. The South Texas Division with the exception
of Laredo, Texas, pay 2%. The Texas Coast Division, which Baytown
is part of, recently this past May, negotiated at LaMarque and
Texas City for Entex to pay 3% on residential and small commercial.
In response to a question from Councilman Lander, Mr. Lanham
explained that the telephone company is paying a franchise tax of
2% and Houston Lighting and Power is paying a franchise tax of 4 %.
Councilman Lander mentioned the fact that this is an operating
cost that appears in rate cases that is reflected back on the users.
He felt that the City would not gain anything by the extra 16.
Mr. DeSalme explained that by going to the 3% tax, the City would
have approximately a 20% gain in the gross receipt taxes. Mayor
Gentry commented that the only thing bad about this is the fact
that the residential and small commercial users are paying this
extra 1% tax. This would be placing the burden on 2 customers
and leaving the commercial user to go free. Mr. DeSalme explained
to Mayor Gentry that Entex adjusts their rates every month for the
large commercial users. Mr. DeSalme felt that each user is carrying
their fair share of the burden.
Mayor Gentry commented that his personnel preference would be
to leave the franchise at 2% tax for all users and not burden the
residential and small commercial users with the additional 1%;
Councilman Lander concurred.
Councilman Kloesel stressed the fact that the nation is now
looking at energy conservation and anticipated that some changes
will be made in the fuel industry which makes it difficult for
him to support a 30 year franchise. Councilman Kloesel felt that
a franchise agreement would be more suitable if it could be for a
period of 15 to 20 years. Mr. DeSalme explained that the reason
for seeking a 30 year franchise is when the Company goes out
to secure long -term financing, the Company is in a much better
bargaining position. A long term agreement also gives the bonds
a better rating.
Councilman Kimmons commented that he felt that a work session
would be necessary to discuss the agreement.
Councilman Kloesel moved for the ordinance to be adopted on
a first reading with one change and that being for a period of
20 years instead of 30 years. The motion died for a lack of a
second.
Councilman Cannon inquired if any surrounding cities in the
Texas Gulf Coast Division are paying a 3% tax on both residential
and small commercial and then also a 3% on a large commercial.
Mr. DeSalme responded that at the present time, this is not occurring.
Councilman Cannon inquired if Council would leave this franchise
at 2 and 2 or if were eliminated altogether, would it be unfair
to Baytown in that the next time Entex needs a rate increase, Entex
will take in the whole area. Councilman Cannon felt that the entire
Gulf Coast Division needs to be on the same franchise fee to be
equitable to the City of Baytown. Mr. DeSalme explained that the
trend is going toward the 3% on the residential, small commercial
customers. The cost of this would be minimal and would cost
the customer approximately $.40 per year.
71013 -11
Minutes of the Regular Meeting - October 13, 1977
Councilman Cannon commented that he would not like to see
Council approve a franchise of 3% and 2% and then all of a sudden
all of the surrounding cities start receiving a 3% and 3%
Council inquired as to how the City can protect themselves if
they decide to grant a 2% and 3% franchise for 30 years. Mr.
DeSalme explained that Entex would either pay a 3% gross receipt
tax on residential and small commercial customers or pay 2% on
all three different group of users. Councilman Cannon expressed
his concern about Entex allowing a higher franchise.tax with
surrounding cities. Mr. DeSalme commented that in years to come
if the surrounding areas receive a higher franchise tax, the
City probably could have this ordinance amended. Councilman
Lander said that Councilman Cannon had made a very pertinent
point, and said that he is not in favor of raising the franchise
tax because he felt this is just another means of taxing the
citizens.
Councilman Cannon moved to approve the ordinance on the
first reading with the substitution of 2% rather than 3% on
the residential and small commercial users. After further
discussion, it was pointed out to Councilman Cannon that what
Entex was proposing is a 3% tax on residential and small
commercial and no tax on commercial; therefore, Councilman Cannon
withdrew his motion.
Councilwoman Wilbanks moved to table taking action on this
ordinance until the next Council Meeting in order that a work
session be held; Councilman Kloesel seconded the motion. The vote
follows:
Ayes: Council members
Nays: Council members
Mayor Gentry
Kimmons, Kloesel and Wilbanks
Lander, Hutto and Cannon
Councilman Hutto moved to adopt the ordinance on the first
reading as written; Councilman Lander seconded the motion.
Councilman Lander asked Mr. DeSalme why he is taking the
position that if Council raises the franchise tax to 3% for the
residential and small commercial customers that the large commercial
will be exempt? Mr. DeSalme commented that his company does not
feel at this time they can inflate the taxes this high. The vote
follows:
Ayes: Council members Lander, Cannon and Hutto
Mayor Gentry
Nays: Council members Wilbanks, Kimmons and Kloesel
ORDINANCE NO. 2327
AN ORDINANCE GRANTING ENTEX, INC., ITS SUCCESSORS AND
ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE FOR A
PERIOD OF THIRTY (30) YEARS TO CONSTRUCT, LAY, MAINTAIN,
OPERATE, EXTEND, REMOVE, REPLACE AND REPAIR A SYSTEM OF
PIPE LINES, GAS MAINS, LATERALS AND ATTACHMENTS AND ALL
DESIRABLE INSTRUMENTALITIES IN, UNDER, OVER, ACROSS AND
ALONG ANY AND ALL STREETS, AVENUES, PARKWAYS, SQUARES,
ALLEYS AND ALL OTHER PUBLIC PLACES IN THE CITY OF
BAYTOWN, HARRIS COUNTY, TEXAS, FOR THE PURPOSE OF
TRANSPORTING, DISTRIBUTING, SUPPLYING AND SELLING GAS
(NATURAL AND /OR ARTIFICIAL AND /OR MIXED) FOR HEATING,
LIGHTING, POWER, AND FOR ALL OTHER PURPOSES FOR WHICH
GAS MAY BE USED, TO THE MUNICIPALITY OF SAID CITY OF
BAYTOWN, TEXAS, AND ITS INHABITANTS AND OTHERS; PRO-
VIDING CONDITIONS CONTROLLING THE USE OF PUBLIC THOR-
OUGHFARES AND EXTENSIONS THEREIN; ESTABLISHING STANDARDS
OF SERVICE; PROVIDING FOR PAYMENT OF TWO PERCENT (2 %)
OF THE GROSS RECEIPTS FROM THE SALE OF GAS FOR RESIDEN-
TIAL AND COMMERCIAL PURPOSES WITHIN THE CITY; PROVIDING
FOR ACCEPTANCE; PROVIDING A SEVERABILITY CLAUSE; MAKING
MISCELLANEOUS PROVISIONS; AND REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH.
71013 -12
Minutes of the Regular Meeting - October 13, 1977
Mayor Gentry called a ten minute recess.
ordinance - Amending Chapter 31, Article IV, of the Code of ordinances
to Increase Water Rates
The proposed water rates are consistent with what the people
were told in January when they voted on the water contract and also
consistent with the budget that has been adopted. This is the first
increase in water rates to users of 16,000 gallons or less since
the City was organized in 1948. The increase is less than a hundred
percent of the old rate. however, it might be necessary to raise rates
again when the City converts to surface water and beings to pay for
water and the operation of the treatment plant has begun.
The proposed rates for the average residential user (7,000
gallons) will increase from $3.70 to $6.65. People often think
that the bill they receive is water only but it consists of water,
sewer and garbage. The average bill at the present time to a
residential user is $11.20 and with the proposed rate it will be
$14.15. There is no increase proposed for sewer or garbage rates.
The rate that the Administration is recommending is designed to
have the least affect on the very small users. The minimum now
is $2.00 for the first 3,000 gallons of water usage and the proposed
rate would be $3.00 for the first 2,000 gallons.
In response to a question from Councilman Kloesel, Mr. Lanham
explained that the minimum for sewer charge is $2.40 for the first
3,000 gallons of water used and $.40 per thousand for each thousand
thereafter.
Mayor Gentry inquired as to how many customers are using 2,000
or less gallons of water? In response, Dan Savage, Assistant City
Manager explained that approximately 1300 -1500 customers are using
less than 2,000 gallons of water.
Councilman Cannon expressed his concern about lowering the
minimum water gallon usage but raising the cost of the water usage.
Mr. Lanham further explained that the City is proposing the minimum
at $3.00 for the first 2,000 gallons, the next 3,000 gallons at
$.75, the next 10,000 gallons at $.70 and all over 15,000 gallons
would be $.65. In addition to the rate increase, it is suggested
that the service charges be increased. Presently, the City receives
$10.00 a deposit for a residential user. It is recommended that
this be increased to $20.00 for new customers only. It is also
proposed that the service charge for returned checks be increased
from $1.00 to $3.00. A meter test where the meter is found to be
correct is proposed to be increased from $2.00 to $5.00. A service
charge which involves going out to turn water off for non - payment
or collecting bad checks is proposed to be increased from $4.00 to
$6.50 and after -hour service would be increased from $7.50 to $10.00.
These increases would also be effective concerning water taps which
would increase the present 3/4" water tap from $100.00 to $150.00
and the 1" water tap from $160.00 to $200.00. Any meter larger than
this would be based on actual cost.
The City has tried various combinations to yield the required
revenue in the budget, and of those the Administration felt that
this would be a fair rate which will yield the required revenue
unless it is a very rainy year. The Administration recommended
approval of the ordinance.
Councilman Kimmons inquired if the City is losing very much
money because of the $10.00 deposit. In response, Mr. LeFevre
commented that percentage -wise, it has not amounted to very much
but in this day and time, people are moving around more. Council-
man Kimmons commented that $20.00 is actually a low figure because
that is less than a two -month bill.
71013 -13
Minutes of the Regular Meeting - October 13, 1977
Councilman Lander moved for the adoption of the ordinance;
Councilman Kimmons seconded the motion.
Councilman Cannon inquired as to what Mr. Savage calculated
on the users of water consumption. Mr. Dan Savage, Assistant City
Manager, explained that it is broken down into 4 categories - up to
2,000 gallons - 1500 users, 2,000 -5,000 gallons - 3400 users,
that is people with consumption totalling anywhere from 2,000 to
5,000 gallons. Councilman Cannon expressed his concern about
lowering the minimum consumption from 3,000 to 2,000 gallons.
Councilman Kloesel asked if the City has an estimate as to how
many Senior Citizens exemptions are shown on the Tax Rolls. In
response, J.B. LeFevre, Director of Finance, explained that he did
not know how many people this would involve but senior citizens
tax exemptions represented $15,000,000.00 in assessed value.
Councilman Hutto expressed concern that the City has not
begun to purchase water yet the rates will be adjusted as if the
City has bought water. Councilman Hutto asked if the only obliga-
tion the City has at this time is the principal and interest pay-
ment. Mr. Lanham explained that most of the increase is because
of the principal and interest payment, but there is also an increase
in operating the water and sewer system.
Mayor Gentry inquired if the City is collecting revenue in
advance? Mr. Lanham explained that the City will be paying principal
and interest on the BAWA bonds that have already been issued plus
those that must be issued in order to proceed with building the
treatment plant. Mayor Gentry also asked if this revenue will create
a substantial surplus in the water revenue. Mr. Lanham responded
that the Administration does not foresee a surplus.
Councilman Cannon and Kloesel concurred that the rates seemed
to be high and said that they would like them to be reduced at the
present time to see what the impact would be. Councilman Lander
commented that Council had an opportunity to go over this during
the budget session and at that time it was understood that this
increase would be necessary. The vote follows:
Ayes: Council members Lander, Kimmons, Wilbanks and Cannon
Mayor Gentry
Nays: Council members Kloesel and Hutto
Councilman Cannon asked that the rates be lowered for any
interim period where a surplus should occur in the next few months,
even on a temporary basis.
ORDINANCE NO. 2328
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE CODE OF ORDINANCES BY THE AMENDMENT
OF CHAPTER 31, "UTILITIES," AMENDING ARTICLE IV, WATER
SERVICE, BY INCREASING WATER RATES AND CERTAIN OTHER
CHARGES RELATED TO WATER SERVICE AND BY PROVIDING FOR
METER TESTS; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED AND N01100 ($200.00) DOLLARS; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
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71013 -19
Minutes of the Regular Meeting - October 13, 1977
Ordinance - Authorizing the Execution of an Amended Contract with
Harris County Regarding the Harris County Manpower Program
This contract would provide that the federal government would
allow the City to be reimbursed for the cost of administering this
program. The approximate maximum cost that the City would be
reimbursed is $1,620.00. The administrative cost would cover such
things as physical examinations for CETA workers that are hired by
the City and the cost for uniforms that might be required by the
workers. The Administration recommended approval of the ordinance.
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. 2329
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST
TO AN AMENDED CONTRACT WITH HARRIS COUNTY FOR A COMPRE-
HENSIVE EMPLOYMENT AND TRAINING ACT GRANT UNDER THE
EMERGENCY JOBS AND EMPLOYMENT ACT; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Ordinance - Authorizing the Execution of an Agreement with Southern
Pacific Transportation Company to Permit the City to Enter Upon
Railroad Property to Clean Ditches
The City has constructed ditches along the Southern Pacific
right of way and authorization must now be obtained from the rail-
road to maintain these ditches. This ordinance would give the
City this authorization. The Administration recommended approval
of the ordinance.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Hutto seconded the motion.
Councilman Hutto inquired if this would give the City the
authority to clean ditches other than the ones that were constructed
by the City. Mr. Lanham explained that he believes this would be
just the ones that were constructed by the City. Councilman Hutto
commented that the railroad ditch along Gentry Drive is in very
bad condition and asked that the Administration check into having
it cleaned. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2330
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACTOR'S
RIGHT OF ENTRY WITH SOUTHERN PACIFIC TRANSPORTATION
COMPANY.
ILU.L J -1J
Minutes of the Regular Meeting - October 13, 1977
Ordinance - Amending Chapter 11, "Electrical Code," by the Amendment
of Article Nos. 1, 2 and 3
Mr. William F. Miller, Chairman of the Electrical Board, was
present to discuss the changes in the present ordinance with Council.
The key changes in this proposed ordinance include the addition of
specific requirements for becoming either a master or a journeyman
electrician, limitations on the use of a master electrician's
license, a revision in the traveler's permits to register for the
next regularly scheduled journeyman's exam, and a requirement that
the ratio of apprentices to a master or journeyman shall not exceed
two apprentices to one master or journeyman electrician. The
ordinance also increases the surety bond requirement for master
electricians from $1,000.00 to $10,000.00 and provides for increases
in examination and licensing fees. Mr. Miller commented that with
the unanimous support of the Baytown Electrical Board, he recommended
that these changes be approved.
Councilman Kimmons moved for the adoption of the ordinance;
Councilman Kloesel seconded the motion.
Councilman Cannon stated that he had not had the opportunity
to research the ordinance as he would like and therefore, moved
to table this item until the next Regular Meeting. The motion died
for a lack of a second. The vote follows on the original motion:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks and
Hutto
Mayor Gentry
Nays: Councilman Cannon
ORDINANCE NO. 2331
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING THE CODE OF. ORDINANCES,
CHAPTER 11, "ELECTRICAL CODE," BY THE AMENDMENT
OF ARTICLES 1, "ADMINISTRATION," DIVISION 1,
"ELECTRICAL BOARD," ARTICLE 2, "LICENSES, AND
RESTRICTIONS UNDER LICENSES," AND ARTICLE 3,
"PERMITS AND INSPECTIONS;" REPEALING ORDINANCES
INCONSISTENT HEREWITH, ESTABLISHING A PENALTY,
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
Ordinance - Establishing a Yield Intersection
The next four ordinances are recommendations from the Council's
Traffic Committee. This ordinance will establish a yield inter-
section at Polly Street and West Lobit which would require the Polly
Street traffic to yield to the traffic on West Lobit. The Adminis-
tration 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, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2332
AN ORDINANCE OF THE CITY COUNCIL OF
TEXAS, PROVIDING FOR THE POSTING OF
CERTAIN INTERSECTION; PRESCRIBING A
TWO HUNDRED AND N01100 ($200.00) DO:
TION THEREOF; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
THE CITY OF BAYTOWN,
A YIELD SIGN AT A
MAXIMUM PENALTY OF
LLARS FOR THE VIOLA -
PUBLICATION AND
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71013 -16
Minutes of the Regular Meeting - October 13, 1977
Ordinance - Removing Stop Signs at Certain Locations
This ordinance will remove the stop signs on Jones at Harvey
Boulevard and Oak Street at Carver Street. The Administration
recommended approval of the ordinance.
In response to a question from Mayor Gentry, Mr. Lanham
explained that Oak Street would have the right of way.
Councilman Kimmons moved to adopt the ordinance; Councilman
Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2333
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, PROVIDING FOR THE REMOVAL OF STOP SIGNS AT CERTAIN
INTERSECTIONS; AND PROVIDING FOR THE EFFECTIVE DATE HERE-
OF.
Ordinance - Removinq Parkinq Intersections on a Portion of Hiqhwav
Boulevard
An ordinance was adopted 3 or 4 months ago prohibiting parking
on the east side of Highway Boulevard the entire length. This was
to eliminate the problem of blocking residential driveways. The
proposed ordinance removes the no parking restriction on the east
side of Highway Boulevard 191' from its intersection with Lafayette
Drive because there are no residences located here. The Administration
recommended approval of the ordinance.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2334
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, PROVIDING FOR THE REMOVAL OF PARKING RESTRICTIONS
ON A PORTION OF HIGHWAY BOULEVARD; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Ordinance - Establishing a Bus Parking Zone
This ordinance will establish a bus parking zone on the north
side of West Adoue from North Pruett to North Jones. This is
where the school bus would park to pick up the children and the
bus would be parked there for several hours during the school day.
The Administration recommended approval of the ordinance.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Hutto seconded the motion.
Mayor Gentry commented that there is a no parking zone painted
in that vicinity at the present and inquired as to how far from
North Pruett that it runs to North Jones. Bill Cornelius, Director
of Planning and Traffic, responded all the way but about the last
200 feet and this will be where the buses will be parked. Mayor
71013 -17
Minutes of the Regular Meeting - October 13, 1977
Gentry also inquired if parking is allowed on on the southside?
Mr. Cornelius responded that parking is allowed on the southside
at all times, and after 4 :00 p.m. on weekdays and on weekends,
parking is allowed on both sides. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2335
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING CERTAIN AREAS AS BUS ZONES; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
($200.00) DOLLARS FOR EACH VIOLATION; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Authorizing Change Order No. 2 to the 1976 Community
Development Program
This change order would add $9,000.00 to that contract for
the construction of nine more junction boxes than was shown in the
original plans. When the contractor installed the storm sewer,
they found it was necessary to install junction boxes in several
places that were not anticipated. The Administration recommended
approval of the ordinance.
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. 2336
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT
WITH H. T. HOLLAND CONSTRUCTION COMPANY, INC. FOR THE
1976 COMMUNITY DEVELOPMENT PROGRAM AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Ordinance - Awarding the Contract for Sliplining Sanitary Sewers,
Contract No. 77 -2
Three bids were received for the sliplining of various sanitary
sewers. The bid tabulation follows.
TABULATION ON FOLLOWING PAGE
71013 -18
Minutes of the Regular Meeting - October 13, 1977
5" Poly.
Pipe Liner L.F. 7600
6" Poly.
Pipe Liner L.F. 3650
9.00 68,400.00 11.08 84,208.00 12.36 93,936.00
10.00 36,500.00 12.31 44,931.50 16.62 60,663.00
Rec. of
Existing
Service EA. 238 200.00 47,600.00 248.60 59,166.80 221.67 52,757.46
Fiberglas
Manhole EA. 1 800.00 800.00 988.75 988.75 985.00 985.00
TOTAL PROJECT BID $181,300.00 $233,755.05 $244,181.46
NO. WORKING DAYS 90 90 90
The estimated cost of this work was $250,000.00. The low bidder was
Channel Construction with a bid of $181,300.00. Most of their unit
prices on this bid are less than the previous contracts. Channel
Construction has done most of the sliplining work for the City and
their work has been satisfactory. The 1975 Bond Funds will be used to
pay for this work. The Administration recommended approval of the
ordinance.
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. 2337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF CHANNEL CONSTRUCTION COMPANY,
INC., FOR THE SLIPLINING OF CERTAIN SANITARY SEWER LINES
AS ENUMERATED IN CITY OF BAYTOWN BID NO. 77 -2 AND
AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY
FOR THE SUM OF ONE HUNDRED EIGHTY -ONE THOUSAND THREE
HUNDRED AND N01100 ($181,300.00) DOLLARS WITH REGARD
TO SUCH AGREEMENT.
Ordinance - Awarding the Bid for the Purchase of Lawn Mower Tractor
and Trailer
This equipment is for the Wastewater Treatment Division which
will be used to mow around the treatment plants. Three bids were
received and the bid tabulation follows:
CHANNEL
R. T. BISHOP
NAYLOR
CONSTRUCTION
CONSTRUCTION
INDUSTRIES
UNIT
UNIT
UNIT
ITEMS UNIT QUAN.
PRICE
TOTAL
PRICE TOTAL
PRICE
TOTAL
10, Poly.
Pipe Liner L.F. 1600
12.00
19,200.00
14.78 $23,646.00
14.53
$23,248.00
8" Poly.
Pipe Liner L.F. 800
11.00
8,800.00
13.54 10,832.00
15.74
12,592.00
5" Poly.
Pipe Liner L.F. 7600
6" Poly.
Pipe Liner L.F. 3650
9.00 68,400.00 11.08 84,208.00 12.36 93,936.00
10.00 36,500.00 12.31 44,931.50 16.62 60,663.00
Rec. of
Existing
Service EA. 238 200.00 47,600.00 248.60 59,166.80 221.67 52,757.46
Fiberglas
Manhole EA. 1 800.00 800.00 988.75 988.75 985.00 985.00
TOTAL PROJECT BID $181,300.00 $233,755.05 $244,181.46
NO. WORKING DAYS 90 90 90
The estimated cost of this work was $250,000.00. The low bidder was
Channel Construction with a bid of $181,300.00. Most of their unit
prices on this bid are less than the previous contracts. Channel
Construction has done most of the sliplining work for the City and
their work has been satisfactory. The 1975 Bond Funds will be used to
pay for this work. The Administration recommended approval of the
ordinance.
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. 2337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF CHANNEL CONSTRUCTION COMPANY,
INC., FOR THE SLIPLINING OF CERTAIN SANITARY SEWER LINES
AS ENUMERATED IN CITY OF BAYTOWN BID NO. 77 -2 AND
AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY
FOR THE SUM OF ONE HUNDRED EIGHTY -ONE THOUSAND THREE
HUNDRED AND N01100 ($181,300.00) DOLLARS WITH REGARD
TO SUCH AGREEMENT.
Ordinance - Awarding the Bid for the Purchase of Lawn Mower Tractor
and Trailer
This equipment is for the Wastewater Treatment Division which
will be used to mow around the treatment plants. Three bids were
received and the bid tabulation follows:
71013 -19
Minutes of the Regular Meeting - October 13, 1977
JIM BALL AIR COOLED WATSON
DESCRIPTION INTER. INC. ENGINE DIST. CO.
1 Lawn Mower
Tractor & Trailer *1,995.47 $2,673.34 $3,962.00
Make & Model: International Wheel Horse C160 Jacobsen
1650 Auto. & Yazoo
Location of 7
Parts & Service: Baytown, Tex. Baytown, Tex. Houston, Tex.
Warranty: 1 year 1 year 1 year
unconditional limited limited
*Low Bid was Delivery: Delivery: Delivery:
incomplete 5 days 1 day 30 -45
The low bid submitted by Jim Ball International did not meet
specifications. Air Cooled Engines submitted the low bid meeting
specifications in the amount of $2,673.34. The Administration
recommended approval of the ordinance.
Councilman Kloesel 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. 2338
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF AIR COOLED ENGINES FOR THE ;
PURCHASE OF ONE LAWN MOWER TRACTOR AND TRAILER AND
AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWO
THOUSAND SIX HUNDRED SEVENTY -THREE AND 34/100 (2,673.34)
DOLLARS.
Ordinance - Awarding the Bid for the Purchase of Oil Storage and
Dispensing System
One bid was received for the purchase of an oil storage and
dispensing system for the Public Works Garage. Vermeer Sales of
Texas submitted the lone bid in the amount of $3,100.00. This
company is the only available source of supply for this item. A
total of $2,400.00 was budgeted for this item, but this estimate
did not include the cost of delivery or installation. The cost
for the installation of the equipment will be taken out of the
garage maintenance account. The Administration recommended approval
of the ordinance.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2339
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF VERMEER SALES OF TEXAS FOR
THE PURCHASE OF ONE OIL STORAGE AND DISPENSING SYSTEM
AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF
THREE THOUSAND ONE HUNDRED AND N01100 ($3,100.00) DOLLARS.
71013 -20
Minutes of the Regular Meeting - October 13, 1977
Ordinance - Awardinq the Bid for the Purchase of Trench Shorin
Only one bid was received for the purchase of trench shoring
for the Public Works Department. The lone bid was submitted by
the Plank Company in the amount of $3,524.98. A total of $4,000.00
was budgeted for this item. The Administration recommended approval
of the ordinance.
Councilman Kloesel moved for the adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2340
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF THE PLANK COMPANY FOR THE
PURCHASE OF TRENCH SHORING AND ACCESSORIES AND AUTHORIZING
THE PAYMENT BY THE CITY OF THE SUM OF THREE THOUSAND
FIVE HUNDRED TWENTY -FOUR AND 98/100 ($3,524.98) DOLLARS.
Ordinance - Awarding the Bid for the Purchase of Sewer Line Cleaner
Entitlement VIII Revenue Sharing Funds will be used to purchase
this sewer line cleaner. Three bids were received for this equip-
ment. The bid tabulation follows:
ENVIRONMENTAL ENVIRONMENTAL BAYTOWN
DESCRIPTION: SALES SALES MOTORS INC.
1 Sewer Line Cleaner
Warranty:
Location of Parts
and Service:
$63,020.00
1 year on Vactor
Unit;
Mfg. Warranty on
International
Truck
Dallas, Texas
$64,276.00
1 year on Vac -
tor Unit;
1 year or
12,000 miles
on Ford Truck
$63,545.98
1 year or
12,000 miles
from date of
delivery
Dallas, Texas Baytown, Texas
TWO COMPANIES SUBMITTED NO BIDS.
Delivery: 120 days 120 days 150 days
The low bidder is Environmental Sales with the bid of $63,020.00.
The Administration recommended approval of the ordinance.
Councilman Kimmons 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. 2341
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF ENVIRONMENTAL SALES &
SERVICE FOR THE PURCHASE OF ONE SEWER LINE CLEANER AND
AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF
SIXTY -THREE THOUSAND TWENTY AND N01100 ($63,020.00)
71013 -21
Minutes of the Regular Meeting - October 13, 1977
Ordinance - Awarding the Bid for the Purchase of Hydraulic Excavator
Three bids were received for the purchase of a hydraulic
excavator. The bid tabulation follows:
DESCRIPTION
1 Hydraulic Excavator
Location of Parts
and Service:
Make & Model
Warranty:
Three Companies
submitted No Bids
Gross Total
Less Discount
Net Total
HI -WAY HI -WAY
EQUIPMENT CO. EQUIPMENT CO.
$84,000.00
Houston, Tex.
$84,700.00
Dallas, Tex.
GIRARD
MArWTNRRV
$83,431.00 ovwm
San Antonio.
Texas
Warner & Swasey 440 Gradall Warner & Swasey
Model G -440 6 x 4 Model G -440
6 months
$84,000.00
2% 1,680.00
$82,320.00
6 months
$84,700.00
6 months
$83,431.00
Delivery: 60 -70 Days 60 Days 30 -60 Days
Hi -Way Equipment submitted the low net bid in the amount of
$82,320.00. The delivery date could be within 60 to 70 days.
The Administration recommended approval of the ordinance.
Councilman Kloesel inquired about the experience that the City
has had with this Company. Mr. Ivan Langford, Director of Public
Works explained that all bids received are for the same piece of '
equipment which is a gradall.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Hutto seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2342
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE BID OF HI -WAY EQUIPMENT
COMPANY FOR THE PURCHASE OF ONE HYDRAULIC EXCAVATOR
AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM
OF EIGHTY -TWO THOUSAND THREE HUNDRED TWENTY AND N01100
($82,320.00) DOLLARS.
Resolution - Authorizing the Director of Planning and Traffic to
Extend the Present STEP Project and Make Application for a New
STEP Grant
The Administration has checked with the State and found that
they will consider a new application and also the State will consider
allowing the City to spend the money that was left over from the
last grant for the remainder of the month of October. A new grant
would be for a period of 11 months in the amount of $11,218.00.
The Administration recommended approval of the resolution since this
program seems to be very worthwhile.
71013 -22
Minutes of the Regular Meeting - October 13, 1977
Councilman Cannon commented that he has been a proponent of
this program all along and stated that he endorsed this proposed
resolution. Therefore, Councilman Cannon moved to adopt the
resolution; Councilman Lander seconded the motion.
Councilman Kloesel felt that there is not an absolute need
for this type program because he felt that traffic safety can be
handled by the police force's normal shifts. Councilman Kloesel
also expressed concern that the extra hours the policemen put in
because of this program will reduce their alertness and they will
not concentrate enough in other areas such as burglaries, drug
cases, and patrolling in residential areas. Councilman Kloesel
stated that he felt this program has only caused mass production
in ticket writing.
Councilman Hutto felt that there are other areas in traffic
safety that need to be enforced. Councilman Hutto commented that
based on the number of complaints he has received concerning STEP,
Baytonians have had enough of the Selective Traffic Enforcement
Program. According to the complaints, there are two major factors
that make the STEP Program undesirable: 1) the money to pay for
this program is a federal grant which means that the citizen's tax
money is being used to finance STEP, and 2) the conduct of some of
the police officers enforcing this program. Another undesirable
angle is that the police officers that agree to work under this
enforcement program are paid overtime. The motorists caught in
this speed trap not only have to pay a fine to the City's treasury
but they are also penalized by having to pay higher insurance premiums.
Councilman Hutto felt that the desirable thing to do would be to
maintain a continuous watch for speeders without the unfair advan-
tage of speed traps.
Councilman Lander commented that the people he had heard from
are in total support of the program.
However, both Councilman Lander and Cannon concurred with
Councilman Hutto that the funds need to be used in enforcing the
reduction of running red lights, and running stop signs, as well
as speeding. Mr. Lanham explained that there is a list of primary
routes which the policemen are to be working and they are enforcing
the running of stop lights and stop signs, as well as speed. Council-
man Kloesel commented that there was a problem earlier in the program
about the number of policeman working in one particular area and
Mr. Lanham assured him that this was taken care of a few months ago.
Councilman Cannon commented that in using these funds for
traffic enforcement, it provides more patrol time for other offenses
by the regular policemen that are not paid overtime under the STEP
Program.
Councilman Hutto commented that he would like to see the revenue
that is collect under this STEP Program put away in a special fund
to promote general traffic safety. The vote follows:
Ayes: Council members Lander, Wilbanks and Cannon
Mayor Gentry
Nays: Council members Kloesel and Hutto
Abstaining: Councilman Kimmons
RESOLUTION NO. 596
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE DIRECTOR OF PLANNING AND TRAFFIC
TO EXECUTE THE NECESSARY APPLICATION INSTRUMENTS TO
APPLY TO THE OFFICE OF TRAFFIC SAFETY, DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION, FOR GRANT FUNDS FOR
THE EXTENSION AND RENEWAL OF THE SELECTIVE TRAFFIC ENFORCE-
MENT PROGRAM FOR THE CITY OF BAYTOWN.
71013 -23
Minutes of the Regular Meeting - October 13, 1977
Ordinance - Accepting a Dedication of an Utility Easement near
Park Street and Garth Road
Lowell Lammers is planning a senior citizens' high rise
housing project near the intersection of Park Street and Garth
Road. In order to provide sewer service to this project, he
must acquire an easement from abutting property owners and he
will build a line from his property over to the City's line.
Mr. Lammers is asking that the City accept that line and the
easement once it is installed. The Administration recommended
approval of the ordinance.
Councilman Kloesel 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. 2343
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE DEDICATION OF AN
UTILITY EASEMENT BY N. H. CONDOR, TRUSTEE, AND
BICENTENNIAL SQUARE, INC.; DIRECTING THE CITY
CLERK TO FILE SAID DEDICATION WITH THE COUNTY
CLERK OF HARRIS COUNTY, TEXAS; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Authorizing Payment for the City's Share of Rollingbrook
Drive Water Line in Accordance with Section 27 -56 of the Code of
Ordinances
This item was discussed with Council several months ago and
at that time Council indicated that the City would participate.
The cost figure at the time was $8,030.00 which is the difference
in the cost of the 10" line that is installed and what the cost
of the 6" line would have been which was sufficient to serve the
property. The City has done this in several instances in the past
years. This would be paid out of the 1975 Water Bond Fund.
The Administration recommended approval of the ordinance.
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. 2344
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PAYMENT OF EIGHT THOUSAND THIRTY AND
N01100 ($8,030.00) DOLLARS TO CALQUIN INVESTMENTS, INC.
FOR THE CITY OF BAYTOWN'S SHARE OF COSTS OF A WATER
LINE BY ROLLINGBROOK DRIVE.
71013 -24
Minutes of the Regular Meeting - October 13, 1977
Consider Authorizing the Harris County Community Development Agency
to Use the City of Baytown's Population in the Program Application
for the 1978 Fiscal Year
The Harris County Community Development Agency is requesting
that the City express its desires regarding participation with the
County for the Community Development funds, or if the Council
chooses, the City can go on its own and compete with other cities
for the funds. The first year that the City participated, $300,000.00
in Community Development Funds were received which is the project
that is underway at the present time and the City expects to receive
about a half million dollars for the second year.
Councilman Kloesel inquired as to what would happen if Council
would choose to go the other route? Mr. Lanham explained that the
chances of the City receiving funding would be much less because
Baytown would be competing with many cities in this area for these
funds. The City is not assured that they will receive funds when
participating with County, but experiences have been good in the
past. The Administration recommended authorization to advise the
County that the City of Baytown would like to participate with the
County for Community Development Funds.
Councilman Kloesel moved to accept the Administration's
recommendation; Councilwoman Wilbanks seconded the motion. The
vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Ordinance - Authorizing the Purchase of
for Park Purposes
This ordinance would authorize the
feet of property adjacent to Tejas Park
This property is owned by Barcelona Ent
508 of the cost in federal funds. This
for baseball practice fields and picnic
recommended approval of the ordinance.
16,750 Square Feet of Property
City to purchase 16,750 square
for the amount of $7,538.00.
:rprises. The City is receiving
property would be used primarily
facilities. The Administration
Councilman Kimmons moved for the adoption of the ordinance; Council-
man Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2345
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PURCHASE OF 16,750 SQUARE FEET
OF LAND AS HEREIN DESCRIBED FROM BARCELONA ENTERPRISES,
OR THE TRUE OWNER THEREOF, FOR THE SUM OF SEVEN THOUSAND
FIVE HUNDRED THIRTY -EIGHT AND NO /100 ($7,538.00) DOLLARS,
AUTHORIZING PAYMENT BY THE CITY OF THE PURCHASE PRICE
THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
71013 -25
Minutes of the Regular Meeting - October 13, 1977
Ordinance - Authorizing the Purchase of 1 Acre of Property for
Park Purposes
This ordinance would authorize the City to purchase one acre
of property adjacent to Tejas Park for the amount of $5,700.00 from
Mr. James Nacol. Half of this cost will be paid by the federal
government. The Administration recommended approval of the ordinance.
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. 2346
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PURCHASE OF A 1 ACRE TRACT OF
LAND AS HEREIN DESCRIBED FROM JAMES NACOL, OR THE TRUE
OWNER THEREOF, FOR THE SUM OF FIVE THOUSAND SEVEN
HUNDRED AND N01100 ($5,700.00) DOLLARS, AUTHORIZING
PAYMENT BY THE CITY OF THE PURCHASE PRICE THEREOF; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Authorizing the Purchase of 1.923 Acres for Park
Purposes
This ordinance would authorize the purchase of 1.923 acres
of land from Mr. H. M. McCandless for the sum of $10,161.00 and
this property would also be used to expand Tejas Park. Half of
this cost will be paid by the federal government. The Administration
recommended approval of the ordinance.
Councilman Kimmons moved for the adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
ORDINANCE NO. 2347
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PURCHASE OF A 1.923 ACRE TRACT
OF LAND AS HEREIN DESCRIBED FROM H.M. MCCANDLESS, OR
THE TRUE OWNER TEREOF, FOR THE SUM OF TEN THOUSAND
NINE HUNDRED SIXTY -ONE AND N01100 ($10,961.00) DOLLARS,
AUTHORIZING PAYMENT BY THE CITY FOR THE PURCHASE PRICE
THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Authorizing the Purchase of 3.285 Acres for Park
Purposes
This ordinance would authorize the City to purchase 3.285
acres of property from Mr. Clyde Casey for $21,000.00. The federal
government will pay a portion of this. This property is north of
Bob Smith Road and south of Massey Tompkins Road. This property
would be used to establish a new neighborhood park. This land is
about 142' feet wide which is approximately the width of a football
field. This amount is based on the appraised price. The Adminis-
tration recommended approval of the ordinance.
71013 -26
Minutes of the Regular Meeting - October 13, 1977
Councilman Lander 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. 2348
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PURCHASE OF A 3.2859 ACRE TRACT
OF LAND AS HEREIN DESCRIBED FROM CLYDE W. CASEY, OR
THE TRUE OWNER THEREOF, FOR THE SUM OF TWENTY-ONE
THOUSAND AND N01100 ($21,000.00) DOLLARS, AUTHORIZING
PAYMENT BY THE CITY OF THE PURCHASE PRICE THEREOF; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Authorizing the Director of Parks and Recreation to Make
a Final Offer for the Purchase of .923 Acres for Park Purposes and
Authorizing the City Attorney to Proceed with Condemnation If Said
Offer is Refused
This item will be discussed during the executive session.
Consider Authorizing Execution of Release of Damages for Fire Depart-
ment Van
This item will be discussed during the executive session.
Committee Reports
None.
Unfinished Business
None.
Recess and Reconvene
Mayor Gentry recessed the open meeting into executive session
to discuss land acquisition, legal matters and personnel matters.
When the open meeting reconvened, the following business was trans-
acted:
Ordinance - Authorizing the Director of Parks and Recreation to Make
a Final Offer for the Purchase of .923 Acres for Park Purposes and
Authorizing the City Attorney to Proceed with Condemnation If Said
Offer Is Refused
The Administration recommended approval of the ordinance.
Councilman Kimmons 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
71013 -27
Minutes of the Regular Meeting - October 13, 1977
ORDINANCE NO. 2349
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO OFFER FOR
AND ON BEHALF OF THE CITY OF BAYTOWN, TEXAS, THE SUM OF
FIVE THOUSAND TWO HUNDRED SIXTY -ONE AND N01100 ($5,261.00)
DOLLARS TO H. E. CRAWFORD, ET UX RUTH E. CRAWFORD, OR
OTHER PARTIES IN INTEREST, FOR THE ACQUISITION OF
CERTAIN INTERESTS IN A CERTAIN TRACT DESCRIBED HEREIN
REQUIRED FOR PUBLIC USE, FOR PARK PURPOSES, IN FEE
SIMPLE; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN
FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO
INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH
OFFER IS REFUSED; PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Consider Authorizing Execution of Releases of Damages for Fire
Department Van
The City has been offered $2,000.00 as settlement for this
claim. The Administration recommended acceptance of the offer.
Councilman Hutto moved to accept the recommendation of the
Administration; Councilwoman Wilbanks seconded the motion. The
vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
Hutto and Cannon
Mayor Gentry
Nays: None
Appoint Members to Serve on the Committee to Study Magnolia
Cemetery
Mr. Lanham explained that the Administration had contacted
several people reqarding serving on the Cemetery Study Committee
and the following people have indicated their willingness to serve:
W. 0. Tidmon
Jack T. Hagee
Tyson Barefield
Donna Schrock
Alfonse Nava
C. G. Swick
Councilman Kloesel moved that the six people recommended be
appointed to the Cemetery Study Committee; Councilman Hutto seconded
the motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
Mr. Lanham commented that several people from City Hall will be
out of town Monday, Tuesday, and Wednesday. Mr. Bill Cornelius will
be acting City Manager in Mr. Lanham's absence.
Adjourn
There being no further business to transact, Councilman Kloesel
moved to adjourn. Councilman Cannon seconded the motion. The vote
to adjourn was unanimous.
VIA",
Karen Petru, Deputy City Clerk
Approved:
� J"', 0 , � &o-
EILEEN P. HALL, ity Clerk