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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. N 1 i 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 7 i i 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