1978 02 14 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 14, 1978
The City Council of the City of Baytown, Texas, met in
special session Tuesday, February 14, 1978, at 5:15 p.m. in
the Council Chamber of the Baytown City Hall. The following
members were in attendance:
Jody Lander
Ted Kloesel
Mary E. Wilbanks
Emmett Hutto
Allen Cannon
Tom Gentry
Fritz Lanham
Dan Savage
Scott Bounds
Eileen P. Hall
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
ABSENT: Jack Kimmons Councilman
Mayor Gentry called the meeting to order.
Ordinance - Authorizing the Execution of a Contract with Perry
Walker Homes, Inc. to Furnish Water and Sanitary Sewer Services
to Timber Ridge Development
The Administration explained that the City Attorney and Mr.
Walker's attorney, Joe Brack, have worked on this contract, which
is satisfactory and acceptable to Perry Walker and to the
Administration.
Scott Bounds, City Attorney, briefed Council on the changes
in the contract.
Mayor Gentry inquired as to what the City will own in the
Timber Ridge Subdivision. Mr. Bounds explained that the City of
Baytown will own the lines, lift station, and the easement to
maintain that line from Harris County which will be assets of the city
of Baytown located outside the City limits.
Mr. Lanham explained that the rate charge and connection
charges have not been included in the contract, but the Administration
will come back to Council with a recommendation at a later date.
Joe Brack, Mr. Walker's attorney, commented that he may be able
to clarify a few items. In regard to Council's question about
being able to charge the people and how it will be done, Mr. Brack
commented that his client had restrictions filed on all of this land
and"'the restrictions are being amended; and they are having all of
the people who previously purchased land in this subdivision sign
this amendment, whereby it specifies that they will be bound by this
amendment and all future owners will also be bound. Council inquired
as to what the amendment stated. Mr. Brack read the amendment
which stated, " The developer has caused to be constructed at his own
costs, a complete water system consisting of two water wells, pumps,
storage tanks, distribution system and a sewerage system consisting
of a main line, lift station and a delivery line to the nearest City
of Baytown sewerage facility and has contracted with the City of
Baytown for the City of Baytown to operate each system. It will be
a requirement for all owners within this unrecorded subdivision to
tie on to and use water and sewerage facilities to be operated by the
City of Baytown, and each owner within the said unrecorded subdivision
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agrees to pay to the City of Baytown for furnishing such water
and sewerage services those charges adopted by the City Council
of the City of Baytown, including but not limited to initiation
fee for participating in the water and sewerage system, tap
fees, permit fees, inspection fees and normal usage fees as may
be set from time to time by the City Council of the City of
Baytown. " Mr. Brack explained that this is a covenant that will
go with the land, and it will be binding upon the present owners,
their successors and assigns, and all future owners.
Councilman Cannon inquired if Mr. Walker will have any trouble
getting the homeowners who purchased land prior to this date to
sign the amendment. Mr. Brack explained that he did not foresee any
problem in this regard.
Councilman Cannon inquired if the City's connecting to
surface water would present a problem as far as the Harris
Galveston Subsidence District is concerned. Mr. Lanham said that
there should be no problem since the Subsidence District has not
set the requirements that all wells must be closed down.
In response to a question regarding rates, Mr. Lanham ex-
plained that he could see no reason why Council cannot set the rates
for services to this development just as it does for services within
the City limits.
Mr. Brack continued his explanation of the different aspects
of the contract by stating that in each deed, there is a 14 foot
easement reserved for all utilities which would take care of the
maintenance of lines that will be installed by the builder.
Also, Mr. Brack commented that Mr. Walker is willing to agree to
furnish the City with a quality analysis, but the only problem is
that there is no qualification as to what standards have to be
met. Mr. Bounds commented that it was agreed upon earlier that
they meet minimum standards set by the Texas Water Quality Board.
Mr. Brack also inquired about the fencing requirement.
Council inquired as to what type of fence the City has around
their wells. Mr. Lanham explained that the City has a 6 foot fence
around the lift stations. Dan Savage, Assistant City Manager, stated
that the City has to meet State requirements concerning this. Mayor
Gentry commented that this will be checked on and if there are no
State requirements, then Mr. Walker could install a fence similar
to what the City installs around their plants.
Mr. Brack inquired about inspection. He said that he and his
client would appreciate it if the City could come out and inspect
the facilities as soon as possible after notification in order that
they may move ahead. Mr. Brack felt that 10 days after notifying
the City would be a satisfactory time limit for inspection purposes.
Mr. Bounds commented that he was not certain how long it would
take the Engineers to adequately inspect and approve the system, and
the 10 days may not allow sufficient time for inspection. Mr. Lanham
explained that the Engineers will inspect the facilities as the
construction comes along and whenever everything will be completed
final inspection will not take very long.
Councilman Hutto moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks, Hutto
and Cannon
Mayor Gentry
Nays: None
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ORDINANCE NO. 2410
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK
OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT
WITH PERRY WALKER HOMES, INC. TO FURNISH WATER AND SANITARY
SEWER SERVICE TO TIMBER RIDGE DEVELOPMENT AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Adjourn
With no further business to be transacted, Councilman Kloesel
moved to adjourn; Councilman Lander seconded the motion. The
vote for adjournment was unanimous.
i� ciStsv► -(J �s� n � �
Karen Petru, Deputy City Clerk
APPROVED:
Eileen P. Hall, City Clerk