1978 04 27 CC Minutes80427 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 27, 1978
The City Council of the City of Baytown, Texas, met in
regular session, Thursday, April 27, 1978, 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
Eileen Caffey
Emmett 0. Hutto
Fritz Lanham
Dan Savage
Scott Bounds
Eileen P. Hall
Absent: Allen Cannon
Councilman
Councilman
Councilman
Councilwoman
Councilwoman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Councilman
Mayor Hutto called the meeting to order and the invocation
was offered by the Reverend Burnette Dowler.
Administer Oath of Office to Council Member from District No. 2
Judge Raymond T. Donnelly administered the Oath of
Office to the newly appointed Councilwoman Eileen Caffey who
will serve the remainder of the unexpired term for Council
District No. 2.
*Council members Jody Lander and Mary E. Wilbanks
present.
Approve Minutes
Councilwoman Wilbanks moved to approve the minutes of
the regular meeting of April 13, 1978, and ratification of
actions taken concerning each of the matters listed on
the agenda of said meeting; Councilman Kloesel seconded the
motion. The vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks,
and Caffey
Mayor Hutto
Nays: None
Receive Petitions
Mr. Lanham explained that he had received a petition
from the residents living on St. Andrew Street in Country
Club requesting that the street be named St. Andrews. It is
felt that St. Andrews was the name intended for the street
but the plat shows St. Andrew.
Mr. Andrew Lannie explained that he was present on
behalf of a number of residents of the Kingsbend Subdivision
who have circulated a petition to be presented to the City
Council with approximately 163 signatures. The petition
requests that the City Council establish regulations prohibiting
the hauling of dirt, concrete or land fill materials through
and across Tompkins Drive in Kingsbend.
Each of the petitioners felt that the constant use of
Tompkins Drive as a truck thoroughfare destroys the residential
character of the subdivision and is a safety hazard for the
small children living on each side of said street and in the
subdivision generally. The petition requested that the
truck traffic be prohibited and diverted to adjacent access
roads.
Minutes of the Regular Meeting 80427 -2
April 27, 1978
This land fill material is being hauled to the Whispering
Pines Subdivision for a large land fill project that is
probably 707o complete. The trucks come by Tompkins Drive in
great numbers. They come by loaded and at an unsafe rate of
speed. Tompkins Drive is a curbed and guttered street and
sidewalks are built near the curb. Children play near the
curb and sides of the street.
Mr. Lannie explained that he understands that there may
not be a truck route to get this material to the Whispering
Pines Subdivision. The route is slightly longer if Massey
Tompkins and Raccoon Drive are used. Massey Tomkins Road
and Raccoon Drive are not curb and gutter streets.
Councilman Lander commented that he thought the City
had ordinances controlling and prohibiting truck traffic
through residential areas. Mr. Lanham explained that there
is a truck route ordinance but if materials are being hauled
to a construction site within that general area, trucks may
travel off the truck route. Mr. Lanham explained that the
Administration and the Police Department are aware of the
problem, and about 3 or 4 weeks ago, the Chief of Police
began working on the problem. The Chief of Police has had
several conversations with the management of at least one of
the companies that has been hauling in that area, and he was
assured that their trucks are no longer using Tompkins Road.
Over the last two months, a total of 24 tickets have been
issued for traveling off truck routes in the city. Mr.
Lanham commented that the Police Department will continue to
police this area. Mr. Lannie commented that the petitioners
would certainly appreciate consideration that Council might
urge in this respect.
In response to a question from Councilwoman Wilbanks,
Bo Turner, Chief of Police, explained that most of the
concrete trucks are Gifford -Hill trucks and the dispatcher
and the manager of Gifford -Hill said that their trucks will
be dispatched down Massey Tompkins and up Raccoon Drive.
The man that operates the dirt pit said that he would talk
to all of his drivers and get them to use Massey Tompkins.
Chief Turner commented that he thought the situation had
been resolved except for a few stragglers.
Mr. Stoney McAlister, a resident of the Kingsbend
Subdivision, commented that the problem is that it is still
happening.
Mayor Hutto recognized Marie Read, also a resident of
the Kingsbend Subdivision, and she explained that she has
seen the Police Department out in the subdivision during the
day but the trucks come through the subdivision at about
10:00 a.m. and leave around 3:30 p.m., just about the time
the children are arriving home from school.
Councilwoman Wilbanks moved to accept the petition and
refer it to the Administration to see if the City can get
stricter enforcement out there and get the trucks on the
Massey Tompkins route; Councilman Kloesel seconded the
motion.
Councilman Kloesel commented that there needed to be
stronger enforcement of the ordinance with regard to trucks
moving through residential areas. He also pointed out that
there are quite a few large trucks being parked in residential
areas that are an obstruction to the flow of traffic.
Councilman Kloesel commented that the truckers in both the
Houston and Baytown area tend to get by with just a little
more in traffic violations than the average citizen. The
vote follows:
Ayes: Council members Lander, Kimmons, Kloesel, Wilbanks
and Caffey
Mayor Hutto
Nays: None
80427 -3
Minutes of the Regular Meeting
April 27, 1978
City Manager's Report
Resurfacing of West Main Street - The Administration
has been notified by Commissioner Jim Fonteno's office that
the County is going to begin the resurfacing of West Main
Street either Tuesday or Wednesday of next week. The City
is in the process of raising the manholes and valves along
that street. The County is planning to lay 1J inches of hot
mix on that street.
Enforcement Order - The City of Baytown is under an
enforcement order from the Texas Department of Water Resources
to construct a sewage treatment plant in the west part of
the City to replace the existing Lakewood Treatment Plant.
In all of the correspondence we have had with the State and
in testimony, we indicated that the replacement of that
Lakewood Treatment Plant and the construction of a new one
was dependent on the City of Baytown receiving federal funds
to pay 75% of the cost.
We have completed Step 1, and submitted all of the
required reports to the Department of Water Resources. We
have not received the grant funds as yet, therefore, it
appears that it will be doubtful that the City can construct
a treatment plant before January 1979. The Administration
has talked with representatives of the State who indicated
that probably the earliest this project would receive funding
would be for the federal fiscal year 1979, which begins
October 1, 1978 - -that is assuming that funds are available
and that the City of Baytown ranks high enough on the priority
list. Mr. Lanham explained that the Administration would
like to ask for an extension to the enforcement order. The
City does not have the money to construct this plant without
receiving federal money or by somehow coming up with the
additional money.
Mr. Lanham explained that all the Administration wants
to do is to ask for an extension to the enforcement order
which would not require Council action. Council had no
objections.
P.S. Contractors - In March, 1978, the Administration
reported to Council that they had been notified of an application
of P.S. Contractors to discharge domestic sewage effluent
into Goose Creek Stream and thence to Tabbs Bay. The Administration
advised the Texas Department of Water Resources that the
City of Baytown was opposed to this application and requested
that the applicant look for another location to dispose of
the effluent. The Administration has been advised by the
State that the hearing examiner has recommended that the
permit be issued. It is the opinion of the hearing examiner
that the issuance of the proposed permit would not be adverse
to any party of the preceeding. Mr. Lanham explained that
members of the City Council could appear on May 8, which is
the date the State will be considering this application.
Council members felt that this application should be
opposed because the effluent would be discharged into Goose
Creek which is the body of water that runs through the City.
Councilman Lander inquired if there is an alternate
place to dispose of the sewage effluent. Mr. Lanham explained
that he believed that the effluent could be discharged into
the San Jacinto River or Cedar Bayou.
Mr. Lanham commented that the Administration can prepare
a presentation if Council would like to continue to oppose
the application of P.S. Contractors. Council concurred that
the application should be opposed.
80427 -4
Minutes of the Regular Meeting
April 27, 1978
Sports Complex - The project is about 90% complete with
most of the asphalt parking and drives in place. The tennis
courts have been built and the lots on the ball fields have
been installed. About the only work remaining is the fences
around the tennis courts and ball fields.
Country Club Water Line Replacement - This project is
approximately 30 % complete. The work is still progressing
rapidly with very good cooperation from the citizens in that
area. The contractor is doing an excellent job with the
management of the operation.
Kilgore Road /Mockingbird Lane Storm Sewer Project - The
contractor has moved equipment and materials to the job site
but has not started any construction.
Sewer Lines on Kentucky Street - At the last Council
meeting, the Administration was asked to look at the problems
with the sanitary sewers in the Kentucky-Street area. The
investigation revealed that several of the homes in that
area are tapped onto a four -inch line, therefore, the Administration
proposes to replace 180 feet of line with a six -inch line.
The Administration could determine no other apparent reason
for the problem.
Councilman Kloesel commented that at least two of the
residences have replaced their lines and it has not improved
the problem to any extent.
Special Council Meeting - The City Council must meet
Monday, May 1, 1978, to canvass the election returns for the
run -off election. The Administration suggested the Council
meet at 5:00 p.m. Council had no objection to this meeting
time.
Hold a Public Hearing on the Request of Entex, Inc. for
Rate Increase to Effect Cost of Service Adjustments
Mayor Hutto declared the public hearing open on the
request of Entex, Inc. for rate increase to effect cost of
service adjustment.
Mayor Hutto recognized Richard DeSalme of Entex, Inc.,
who stated that on March 27, 1978, Entex filed a Statement
of Intent with the City of Baytown requesting a $.40 per
month cost of service adjustment. Mr. DeSalme explained
that at that time he left informational booklets for all
City officials explaining the $.40 adjustment, and also
Entex's position on this adjustment. The yearly cost of
service adjustment is computed by comparing 1976 cost of
service and the 1977 cost of service. Mr. DeSalme explained
that on Entex's cost of service adjustment, there are two
items which are not covered - -one being the return on additional
plant investment that has occurred since last year. It also
does not include the cost of capital, better known as interest
on borrowed money. Our cost of service adjustment clause
covers only operating expenses for 1977, the largest portion
of which is salaries and wages. This $.40 adjustment that
is being proposed is identical to rates that are being
proposed in other cities in the Texas Coast Division.
Currently, there are 46 cities in Entex's Texas Coast
Division. Out of these 46 cities, in our December 1976 rate
filing, 34 of these cities granted Entex the automatic cost
of service clause. There are also 12 other cities in the
Texas Coast Division that rejected the automatic cost of
80427 -5
Minutes of the Regular Meeting
April 27, 1978
service clause. This means that on May 1, 1978, this $.40
adjustment automatically goes into effect for these 34
cities. Of the 12 cities that do not have the cost of
service clause, Entex has filed letters of intent. Through
tonight, Entex has held public hearings, workshop sessions,
and has attended Council Meetings where other cities approved
this increase. Mr. DeSalme explained that several public
hearings are being held tonight and a few hearings are
scheduled for next week. Mr DeSalme assured Council that if
the $.40 cost of service adjustment were granted, Entex
would not come back to Council to ask for another cost
adjustment for at least one year for the residential and
small commercial users.
Councilman Kloesel stated that he was not convinced
that it is costing Entex that much to produce, to install
pipeline, and to distribute the gas. Mr. DeSalme explained
that this $.40 does not include any additional pipelines.
This increase is due to operating expenses incurred during
1977. Mr. DeSalme explained that for 1977, Entex's total
expenses for the Texas Coast Division were $6,931,000 for a
total of 108,230 customers. When dividing the number of
customers into the expense, Entex had an average expense of
$5.34 a month to serve each customer.
In response to another question from Council, Mr.
DeSalme explained that Entex does have control over salaries
but that there are certain items that this cost of service
adjustment covers that Entex has no control over. However,
without any salary increase for employees, there is no
possible way that any company can expect an employee to
continue working for that company.
Mayor Hutto recognized Doug Tromblee of 3407 Surrey
Lane, who requested to appear to question Entex concerning
stock dividends paid by that company and earnings of Entex
during the year 1977 compared to prior years. Mr. Tromblee
pointed out that there are Entex operations in Louisiana and
Mississippi, as well as Texas. Afterwhich, he questioned if
Louisiana and Mississippi had granted the increase on a city
by city basis, the same as is being asked for the State of
Texas. Mr. Tromblee commented that the point he is trying
to make is that in June of 1973, the net profit for Entex
was $1.15, 1974 - $1.30, 1975 - $1.55, 1976 - $2.10, and in
1977, the net profit was $3.61. For a period of 12 months
beginning in 1977 to 1978, the net profit was $3.82. This
is a 30% increase in earnings. Of this 30po increase in
earnings, what amount has been invested into stocks for
these 3 states nationally? Mr. Tromblee explained that the
reason he would like to know this is perhaps that members of
Council and other people of the City of Baytown do not know
that there is 85% dividend granted to corporations and
individuals on Entex stock. Air. Tromblee commented that his
point is that citizens are paying double tax since many
corporations including Entex possibly buy out their own
stock to receive 8570 dividend exclusion which would be tax
free. Individual citizens would be paying more tax money on
these exclusions, plus paying the rate increase. This is on
common and preferred stock. These facts are well known to
most investment houses.
Mr. Tromblee commented that
had intended to ask was answered
Mr. Tromblee asked if the return
included in the dividends and if
it is included? The reason this
50% of the company's earnings go
into dividends. In other words,
the next question that he
by Mr. DeSalme previously.
on capital investment was
it is included, how much of
question was asked is that
into dividends or can go
if Entex is asking $.40
80427 -6
Minutes of the Regular Meeting
April 27, 1978
increase per customer per month, is $.20 of this $.40 going
into dividends. Is this the reason the customers are being
asked to pay the rate increase? How much of this is capital
investment? Mr. Tromblee commented that Mr. DeSalme explained
that the rate increase is due to operating expenses, which
the largest portion of this would be for wages and salaries,
but made no mention at all as to whether this included all
operating expenses. Mr. Tromblee also stated Entex is
receiving interest on capital improvements, so then why
should the users have to pay this additional cost because this
money will go into stocks.
Mr. Tromblee also inquired about the 10% late charge
which is charged to all customers who do not pay their bill
before the due date. Mr. Tromblee felt that it is not fair
for the customers to have to pay the late charge if the mail
is slow getting to their residence. The law states that a
person should not have to pay more than a 10% fine or late
charge for a past -due bill.
Mayor Hutto recognized Mr. Lee R. Patterson of 909 Bob
Smith Road. Mr. Patterson commented that he had received
his gas bill yesterday and the initial cost of the bill was
$15.54, but the total bill was $55.73 after cost of service
and other costs were added. Mr. Patterson commented that he
did not feel that Entex has installed that many pipelines to
have a bill with such a large amount for service adjustment.
Mayor Hutto recognized Bob Chase of 104 Graham. Mr.
Chase felt that the gas company is asking for an increase in
rates when the customers are receiving a decrease in service,
and that advertising by the gas company is unnecessary
because Entex is a legal monopoly. Mr. Chase urged City
Council to reject any increase in rates for any utility
company in the City of Baytown.
Mayor Hutto recognized Lee Alexander of 704 East Hunnicutt,
who stated that a 135,000 BTU heater is installed in his
home. He commented that his home consists of 1600 square
feet of space, is well insulated, and only his wife and
himself are in residence. Mr. Alexander asked that the City
Council consider very carefully when voting on a rate increase.
Mr. Dick DeSalme commented that in regard to Mr. Tromblee's
questions concerning earnings per share from 1971 to 1977,
there are a number of circumstances that need to be considered.
Mr. DeSalme explained that Entex does operate in Mississippi
and Louisiana and there are a number of companies besides
the Texas Coast Division. Mr. DeSalme commented that the
earnings per share over a period of time have gone up, but
when you talk about earning per share, you are talking about
the total company and not just the Texas Coast Division. In
1976, Entex purchased the properties of Houston Natural
Corporation, which represented a very good increase in
earnings per share. Entex bought 360,000 customers from
Houston Natural Gas Corporation. Mr. DeSalme said that he
would be glad to offer his assistance to Mr. Tromblee if he
has any specific questions regarding any type of earnings.
In the State of Texas, by law Entex has the right to earn a
fair rate of return.
In regard to Mr. Patterson's question, Mr. DeSalme
explained that there is a discount of the bills for prompt
payment. These discounts are revenues received when customers
do not pay their bills on time and go toward establishing
what Entex's fair rate of return is. Mr. DeSalme pointed
out that if a bill is delayed in getting to a customer's
home, the customer may call the local office and the discount
will be allowed.
80427 -7
Minutes of the Regular Meeting
April 27, 1978
In explanation to Mr. Alexander's comments, Mr. DeSalme
commented that he realized gas bills have gone up in the
past few years, but since 1971 Entex Company's costs have
increased 50010, and the company has no control over this.
Mr. DeSalme commented that in regard to citizens on a fixed
income, arrangements can be made with Entex to pay gas bills
as it suits the customer.
The rate of return for 1977 in the City of Baytown was
4.270. Mr. DeSalme explained that this request for increase
is being filed on a division -wide level which is the most
advantageous plan for the citizens, because if not, Entex
will have to pull the City of Baytown out of the Texas Coast
Division and file for an individual rate increase. Mr.
DeSalme asked that Council take all the facts into consideration,
and to consider granting Entex the $.40 rate increase for
service adjustment.
Councilwoman Wilbanks inquired as to what would the
difference be in the procedures if an individual rate increase
were filed. Mr. DeSalme explained that the Entex Company
would pull Baytown from the Texas Coast Division and make an
individual study and expect Council to go along with whatever
the figures show after the individual study is made. Mr.
DeSalme explained the rate of return for the City of Baytown
is very low. It is a rapidly growing area and the plant
investment grows every year. The City of Baytown has the
lowest rates of any other city in the Texas Coast Division.
Entex is not fortunate enough to have the industrial revenues
in the City of Baytown, but there are industrial revenues in
the Texas Coast Division. As a matter of fact, approximately
2076 of Entex's revenues come from industrial revenues. From
the City of Baytown, Entex receives only 2% industrial
revenue.
*Councilman Kimmons no longer in attendance.
Councilwoman Wilbanks inquired if Entex has ever worked
with a city on an individual basis. Air. DeSalme explained
that he has had experience with one city where an individual
study was made. The city refused the increase indicated by
the study, an outside rate attorney was retained and after
further study, Entex received the increase that they had
asked for plus an additional 25%. Councilwoman Wilbanks
commented that the reason she asked this question was because
this emphasizes a very frustrating position in which the
Council members are placed - -that is, if Council does not
give Entex the rate increase, the Council is taking the risk
that the outcome could be that the citizens of Baytown will
have to pay more.
Councilman Kloesel commented that he is opposed to this
rate increase, and he felt the problem is in the organization
of the corporation.
Mayor Hutto commented that it would appear that the
best way the citizens can get representation is for this
Council to reject this rate increase. However, to do so may
mean that the City of Baytown will end up at a general rate
hearing plus the fact that the City will have to hire rate
experts and attorneys. The last time that happened in the City
of Baytown, the City Council spent a great deal of money and
still got the rate increase. This would not be looking out
for the public's best interest.
Mayor Hutto declared the public hearing closed.
80427 -8
Minutes of the Regular Meeting
April 27, 1978
Ordinance - Determining and Fixing the Maximum Schedules
of Rates to be Charged by Entex, Inc.
The proposed ordinance amends the rate increase for
natural gas service in Baytown by increasing the cost of the
first 400 cubic feet of gas from $4.00 to $4.40. The Administration
recommended approval of the ordinance.
Councilman Lander moved for adoption of the ordinance;
Councilwoman Caffey seconded the motion. The vote follows:
Ayes: Council members Lander and Caffey
Mayor Hutto
Nays: Council members Kloesel and Wilbanks
ORDINANCE NO. 2452
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS; DETERMINING AND FIXING THE SCHEDULES OF
RATES TO BE CHARGED BY ENTEX, INC. IN THE CITY OF BAYTOWN,
TEXAS, FOR NATURAL GAS AND NATURAL GAS SERVICE FURNISHED BY
IT TO RESIDENTIAL AND COMMERCIAL CONSUMERS; FIXING THE
EFFECTIVE DATES OF GAS RATES PRESCRIBED IN THIS ORDINANCE;
MAKING MISCELLANEOUS PROVISIONS AND REPEALING ALL ORDINANCES
IN CONFLICT.
Consider Statement of Houston Lighting and Power Company
Cost of Service and Fuel Cost Adjustment for May
Council has received a copy of a statement of Houston
Lighting and Power Company Cost of Service and Fuel Cost
Adjustment for May, 1978, from Mr. Quin McWhirter, District
Manager of Houston Lighting and Power Company. In his
letter, Mr. McWhirter indicated that the consumer's cost for
1000 KWH of electricity will increase from April to May a
total of $3.05. However, of that increase, $2.40 is due to
resumption of the normal summer rate schedule, $.47 increase
because of fuel cost, $.03 increase in cost of service, and
$.15 increase in sales tax.
Councilman Kloesel commented that there is a constant
increase over the months and years, and he is aware that
inflation is a factor but believes that many times this
becomes an excuse.
Councilman Kloesel moved that Council disallow this
increase by Houston Lighting and Power.
In response to a question from Council, Scott Bounds,
City Attorney, stated that in 1975 City Council adopted a
set of rates and established a fuel cost adjustment clause.
In May of 1976, there was a cost of service provision added
and since that time, Houston Lighting and Power Company had
the automatic cost of service adjustments. Houston Lighting
and Power is presenting their cost of service and fuel cost
adjustment for May, and if Council felt those to be inappro-
priate, the City of Baytown can start the rate making process
on H L & P's entire rate schedule.
Councilman Kloesel's motion died for lack of a second.
Councilman Kloesel felt that the Houston Lighting and
Power Company should prove that the increase is justified.
Each month there is a slight increase and he felt that this
cost of service and cost of fuel is a very dangerous situation
for the consumer.
Mayor Hutto recognized Jim Parsons of Houston Lighting
and Power, who stated that the fuel cost figures and the
80427 -9
Minutes of the Regular Meeting
April 27, 1978
cost of service adjustment figures are based on facts and
figures that are presented to Council for consideration.
Mr. Parsons explained that the cost of service fluctuates
throughout the months based again on certain factors such as
revenue and cost of fuel. The adjustments reflect not only
increases but also decreases in Houston Lighting and Power
revenues and expenses.
Mayor Hutto commented that when this statement is
submitted to Council for review, it appears to be a mere
formality since as it now stands, Council has no recourse.
Council took no action.
Consider Approval of Plans and Authorization to Advertise
for Bids for Phase I of the 1975 Signal Improvement
Program
Traffic Engineers, Inc. has prepared the plans and speci-
fications for Phase I of the 1975 Signal Improvement Program.
The 1975 bond program included $650,000 for improvements to
the City of Baytown signals system. In addition to this
amount, the Administration has been notified that Baytown
will receive a federal grant of $116,200 which will increase
the funds available for this project to approximately $760,000.
The estimated cost of the projects that will be presented
tonight will be $642,000. These plans have been reviewed by
the Council's Traffic Committee and the City Staff. The
Administration recommended approval of the plans and speci-
fications and request authorization to advertise for bids
for Phase I of the 1975 Signal Improvement Program.
Mr. Almquist of Traffic Engineers, Inc. was present to
review the plans and specifications with Council. Essentially,
there are two separate sets of plans. One for which federal
funds will be expended, and the other for which city funds
will be expended.
There is a federal program where if a city has a substantial
number of accidents and that city can justify an improvement
that will reduce the accident rate, then on a state -wide
basis the city must compete with other cities. If that
city's improvement is the most cost benefit effective, then
this city would receive funding under this federal program
to improve the traffic signals system. Baytown has applied
for this type of funding and has been notified that funds
would be allocated on seven intersections under this federal
program. There were seven intersections which rated very
high in cost benefit to modernize the signals on a state-
wide basis. The total estimate of cost for improving these
locations was $166,000. The State will pay 70% and the City
of Baytown will pay 307o of the cost of modernizing the
signals.
The plans and specifications were separated into separate
contracts because one contract will be let by the State, and
in order to obtain the funds, the project was split. One of
the main improvements that would be made is to interconnect
major arterials so that the lights can be progressed or turn
green as you approach the light. This is being planned
along North Main Street, Highway 146, Decker Drive and
Pruett Street. These intersections were separated and can
be tied into the other project. There is no real problem
foreseen except obtaining funds for the two projects.
The first plans and specifications presented to Council
is the set that will be federally funded. It involves six
intersections along Alain Street. The plans are to install
mast armed mounted signals. The mast armed mounted signal
80427 -10
Minutes of the Regular Meeting
April 27, 1978
is a pole that comes out into the roadway. There will be
two indications for each approach so that if one light burns
out, the other run will burn. Essentially, what is being
planned is designing to meet State standards in modernizing
signals so that they also meet the necessary safety standards.
Mr. Almquist asked for approval of the plans so that
the Administration can go out for bids on the system in the
near future.
Councilman Kloesel stated that he felt that Council
would not have sufficient time to review the plans and
specifications at this meeting, and he stated that he would
like these plans to be made available to the public.
Councilman Kloesel felt that the public might have interest
in the signalization program. Therefore, he suggested that
action be postponed until the next regular Council meeting.
At this time, Mr. Almquist presented the other set of
plans and specifications that will not receive federal
funding. This set of plans involves 28 intersections.
These intersections were in the bond issue and the two fit
together to form a group coordinated signal system for the
City. The plans are very similar and are based on the same
standards for both areas. There are state requirements on
when an intersection is to be signalized, and certain warrants
must be met before a signal can be installed.
Mr. Lanham explained that these are the plans and
specifications that show the four systems that will be
interconnected. The systems will be along Alexander Drive
from Texas Avenue to Cedar Bayou Road, and along North Main
Street from Texas Avenue to Massey Tompkins Road. Several
signals are being added along Pruett from Texas Avenue to
Park Street that are justified at the present time, and
these will be interconnected so that a motorist can drive
through the system without stopping. The other system will
be located from Decker Drive and Garth Road onto Market
Street and Lee Drive. The plans also include a system to be
located at Airhart Drive and Market Street, and Market
Street and West Main Street. The plan is to tie these
systems together so that you may drive through without
having to stop each time.
Mr. Almquist also explained that after the intersection
layout, there are sheets that contain timed- spaced diagrams,
which give an idea as to how the system works. Mr. Almquist
felt that the timed - spaced factor will greatly improve the
traffic flow along all of these major arteries. The plans
are also to use larger signal heads. The old standard was
8 -inch signals, and the present standard is 12 -inch signals.
The 12 -inch signals are much more effective in preventing
rear -end collisions and right angle collisions because they
are much easier to see. It is still standard procedure to
use a smaller signal head at minor intersections where the
streets are more narrow. Mr. Almquist felt that with this
new system, the City of Baytown will experience a substantial
reduction in accidents along North Main and Highway 146.
Councilwoman Wilbanks inquired if the lights along
Decker from Garth to Bayway are on a timed lapse or a trigger,
and would it be possible to add those signals into our
progression timing. Bill Cornelius, Director of Planning
and Traffic, explained that it would be possible to tie
those signals into the City's timing but that the State is
considering the possibility of putting these signals on a
timed -lapse basis. Mr. Cornelius explained that Decker
Drive is a limited access highway and their funding can be
used only on limited access highways.
80427 -11
Minutes of the Regular Meeting
April 27, 1978
Mr. Lanham explained that under this program, the City
of Baytown will be signalizing several intersections that
are not now signalized. These intersections will include
Park and North Main, Baker and North Main, Bob Smith and
West Defee, North Commerce and West Sterling, North Commerce
and West Defee, and Airhart and Market Street.
Councilwoman Wilbanks inquired about the light that was
previously located at the Garth and Baker intersection and
would like to know if the light will be replaced. Mr.
Cornelius explained that this signal was included in the
bond program to be modernized, and when the County determines
where the new sections of Garth Road and Baker Road are to
be located, then the City can install a signal at that
intersection. At the present time the County is working on
plans for the new section of Garth Road. ?fir. Lanham explained
that the Administration needs authorization to advertise for
bids for Phase I of the 1975 Signal Improvement Program.
Councilman Kloesel felt this to be a large project that
the new Council representatives might like to look at;
therefore, Councilman Kloesel moved that Council delay
action on this item and have it put on the agenda for the
next regular Council meeting.
Mayor Hutto explained that he has been advised by the
Administration that it is necessary for Council to take
action on this matter, and he would therefore entertain a
motion for approval of the plans and specifications and
authorization to advertise for bids. Councilman Kloesel
moved that the motion be amended to state that the Administra-
tion be authorized to advertise for bids after the next
Council meeting. Councilman Kloesel withdrew his motion.
Mr. Almquist commented that the Administration would
like to advertise for bids about a week from Monday. In
response to a question from Council, Mr. Cornelius explained
that after bids are received, the Administration will be
able to foresee if it will be more economical for the contractor
or for the city to purchase the materials.
Councilman Lander moved for approval of the plans and
specifications and to authorize the Administration to advertise
for bids for Phase I of the 1975 Signal Improvement Program;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Wilbanks and Caffey
Mayor Hutto
Nays: Councilman Kloesel
Receive Annual Audit Report
Ed Hullum of Gerace, Hullum and McQueen, Inc. was
present to present the annual audit report. At the end of
the last fiscal year, the General Fund has an unappropriated
surplus of $591,000. In the Water Fund there was a surplus
of $100,000. In the General Interest and Sinking Fund there
was a surplus of $147,000 unappropriated in the Waterwork
and Interest Sinking Fund. This surplus increase was due to
a bond ordinance requirement. The only fund that operated
at a deficit for the last fiscal year was the Water Fund,
but ended the fiscal year with a surplus of $100,000. Mr.
Gerace explained that he would be happy to answer any questions
that the Council members may have, and would be willing to
come back at another meeting after Council had time to
review the report.
Councilman Lander commented that City Council raised
the water rates in the fall to cover the cost of the principal
80427 -12
Minutes of the Regular Meeting
April 27, 1978
and interest payment for the BAWA bonds and increased costs
in the Water and Sewer Departments.
Air. Lanham commented that he felt it is important to
emphasize the point that the surplus shown in Waterworks and
Interest Sinking Fund is not money that can be used for
operating expense. This is not a surplus in the same sense
as the surplus in the General Fund. It is a required surplus.
Councilman Kloesel moved to accept the Report of Examination
of September 30, 1977; Councilman Lander seconded the motion.
The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks, and
Caf f ey
Mayor Hutto
Nays: None
Ordinance - First Reading on the Proposed Annexation of
Ginger Creek Subdivision
At the last Council meeting, a public hearing was held
on the annexation of the Ginger Creek Subdivision located
north of Quail Hollow Subdivision on Cedar Bayou - Lynchburg
Road and there was no opposition to the annexation. The
Administration recommended approval of the ordinance.
Councilman Lander moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesek, Wilbanks and
Caf f ey
Mayor Hutto
Nays: None
ORDINANCE NO. 2453
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF
CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND
ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN,
TEXAS.
Ordinance - Second and Final Reading of the Proposed
Annexation of Whispering Pines, Section 4
Council has approved the annexation of Whispering
Pines, Section 4 on the first reading. There has been no
opposition to this annexation. The Administration recommended
approval of the ordinance.
Councilman Kloesel moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks,
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2430
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF
CERTAIN TERRITORY, WHICH SAID TERRITORY LIES ADJACENT TO AND
ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF BAYTOWN,
TEXAS.
80427 -13
Minutes of the Regular Meeting
April 27, 1978
Ordinance - Reducing the Maximum Speed on Public Library
Avenue
The Council's Traffic Committee heard a request from
the Board of the Sterling Municipal Library to consider
reducing the maximum speed limit on Public Library Avenue
between West Texas Avenue and West Sterling Street to 10
MPH. This is the street that runs through the Library
parking lot. Traffic has increased on this street because a
portion of West Sterling Street is closed and because of the
installation of signals at Thomas Circle. The Council's
Traffic Committee felt that for the safety of the library
patrons this request be granted and the Administration
concurred in this recommendation.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2454
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING SPEED LIMIT ZONES BY ALTERING THE PRIMA
FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS
OF ARTICLE 6701d, VERNON'S TEXAS CIVIL STATUTES, UPON THE
BASIS OF AN ENGINEERING AND TRAFFIC INVESTIGATION, WITHIN
THE CORPORATE LIMITS OF THE CITY OF BAYTOWN, AS SET OUT IN
THIS ORDINANCE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND N01100 ($200.00) DOLLARS FOR VIOLATION THEREOF; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Authorizing the Removal of Certain Stop Signs
This is also a recommendation of the Council's Traffic
Committee and it would authorize the removal of stop signs
at the following locations: McKinney Road at Cedar Bayou
Road; Cedar Bayou Road at Pecan Street; James Bowie Drive at
Cedar Bayou Road, and Cedar Bayou Road at Cedar Bayou Road.
The Administration recommended approval of the ordinance.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks,
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2455
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 HEREOF
Ordinance - Establishing Signalized Intersections
This is a follow -up to the plans that were discussed
earlier. The ordinance would approve a recommendation which
would establish signalized intersections at the following
locations: Park at North Main; Bob Smith at North Pain;
North Pruett at West Defee; North Commerce at West Defee;
Baker at North Main; North Pruett at West Sterling; North
Commerce at West Sterling, and Airhart at Market. These
intersections will all be signalized as part of the 1975
80427 -14
Minutes of the Regular Meeting
April 27, 1978
Signal Improvement Program. This is also a recommendation
of the Council's Traffic Committee; the Administration
concurred with this recommendation.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks,
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2456
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, PROVIDING FOR THE INSTALLATION OF TRAFFIC SIGNALS AT
CERTAIN LOCATIONS; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Approving a Lease Agreement Contract with
Exxon for Radio Equipment
Exxon has requested to enter into lease agreement with
the City for the operation of a radar unit which will enable
Exxon to control traffic speed in the refinery area. Under
the terms of this agreement, Exxon would purchase and maintain
the proposed radar unit, but would lease this unit to the
City. The City in turn would secure the necessary license
to operate this piece of equipment from the Federal Communications
Commission. Exxon is not able to secure a Federal Communications
Commission Permit to operate this equipment. This is a
similar contract that the City has on the radios for the
Baytown Ambulance Service that operates on the City of
Baytown frequency. The Administration recommended approval
of the ordinance.
Councilman Kloesel inquired as to the reason that Exxon
cannot obtain a FCC Permit. Scott Bounds, City Attorney,
explained that any radio equipment that is licensed by the
FCC has to be type accepted for a frequency range of 10,500
to 10,550 megahertz at 5 watts power. That particular
frequency is the Police Department frequency for public
service institutions. The City of Baytown is a public
service institution that can be licensed under that provision
and Exxon cannot.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilwoman Caffey seconded the motion. The vote follows:
Ayes: Council members Lander, Wilbanks, and Caffey
Mayor Hutto
Nays: Councilman Kloesel
ORDINANCE NO. 2457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A
LEASE AGREEMENT WITH EXXON COMPANY, USA FOR RADIO EQUIPMENT
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Designating Cary's Bayou as a "No Wake
Zone."
At the last Council meeting, Councilwoman Wilbanks
requested that the Administration prepare an ordinance
designating Cary's Bayou as a "No Wake Zone." When this
item was considered several months ago, there was some
80427 -15
Minutes of the Regular Meeting
April 27, 1978
opposition to designating this particular body as a "No Wake
Zone" but there is no longer any opposition being expressed.
The Administration recommended approval of the ordinance.
Councilman Kloesel inquired how this ordinance is
enforced. Mr. Lanham explained that this is enforced on a
complaint basis, and the City calls the Texas Department of
Wildlife for their assistance.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks
and Caf f ey
Mayor Hutto
Nays: None
ORDINANCE NO. 2458
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING CARY'S BAYOU AS A NO WAKE ZONE; REPEALING
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR A PENALTY
FOR THE VIOLATION THEREOF; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance- Awarding the Bid for the Purchase of Fiberglas
Buoys
Two
bids were received
for the purchase
of fiberglas
buoys to
replace those missing from Crystal
and Scott Bays.
The bid
tabulation follows:
BLUE WATER
MARINE
QUAN.
ITEM
UNIT PRICE
EXTENDED PRICE
15
Fiberglas Buoys
$340.00
$5100.00
Installed
AUTOMATIC POWER
" $262.40 $3936.00
At the time the Administration advertised for bids, the
buoys had not been recovered but the buoys have since been
located. However, the weights, chains and counterweights
for the missing buoys were not recovered. The Administration
has checked with the supplier on what the cost would be to
replace the weights, chains, and counterweights and put the
buoys back in service. The estimated cost is approximately
$3100.00. The low bid for replacement buoys was $3936.00,
submitted by Automatic Power, Inc. Because of the amount of
repair work needed, the Administration would have to advertise
for bids for the purchase of materials to repair the buoys
and then install them. The Administration recommended that
Council award the contract for new buoys to the low bidder
and then the City would have these additional buoys to use
as replacements if necessary.
Mr. Lanham commented that a few days ago, the Administration
received a call from the Corps of Engineers indicating that
the City of Baytown's permit provided for nineteen buoys,
and if new buoys were placed with new weights, chains, and
counterweights, the City would need to remove the old weights,
chains, and etc. The Corps of Engineers also indicated that
if the old weights and chains were not removed the City of
Baytown would be liable in the event of damages.
Mr. Lanham felt that there would be a great deal of
delay if the Administration had to advertise for bids for
the repair parts for the buoys.
80427 -16
Minutes of the Regular Meeting
April 27, 1978
Councilman Lander moved for adoption of the ordinance;
Councilwoman Caffey seconded the motion.
Councilman Kloesel commented that he opposes the motion
because he felt that City Council should take advantage of
small savings. The vote follows:
Ayes: Council members Lander, Wilbanks and Caffey
Mayor Hutto
Nays: Councilman Kloesel
ORDINANCE NO. 2459
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS ACCEPTING THE BID OF AUTOMATIC POWER, INC. FOR THE
PURCHASE AND INSTALLATION OF FIBERGLAS BUOYS ON A UNIT PRICE
BASIS, WITH THE COMPENSATION TO BE PAID BASED UPON THE
ACTUAL NUMBER SUPPLIED; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Ordinance - Awarding the Bid for the Purchase of Traffic
Paint
Three bids were received for the purchase of traffic
paint. The bid tabulation follows:
A one (1) year contract for the City's requirements for
traffic paint
GLIDDEN PAINT
QUAN. DESCRIPTION UNIT PRICE EXTENDED PRICE
Approx. white traffic paint $5.47 $2188.00
400 gal.
Approx. yellow traffic paint $5.70 $5700.00
1000 gal.
The Ennis Company failed to indicate the trade name of the
paint in the bid form. The reason that the trade name was
not indicated on the bid form was because the name of the
paint is Ennis Paint. Their bid is considerably lower than
the Cook Paint bid and the Glidden Paint bid. The Administration
has checked to find that the State Highway Department has
used Ennis Paint and has been satisfied with it. Mr. Lanham
commented that he has asked that the City Attorney brief
Council on this matter. Scott Bounds explained that in its
discretion, City Council can award the bid to whoever it
determines is the low bidder if the omission in the bid is
merely technical. Mr. Bounds explained that it is apparent
COOK PAINT
QUAN.
DESCRIPTION
UNIT PRICE
EXTENDED PRICE
Approx.
white traffic paint
$5.40
$2160.00
400 gal.
Approx.
yellow traffic paint
$6.89
$6890.00
1000 gal.
ENNIS PAINT
QUAN.
DESCRIPTION
UNIT PRICE
EXTENDED PRICE
Approx.
white traffic paint
$3.80
$1520.00
400 gal.
Approx.
yellow traffic paint
$3.80
$3800.00
1000 gal.
The Ennis Company failed to indicate the trade name of the
paint in the bid form. The reason that the trade name was
not indicated on the bid form was because the name of the
paint is Ennis Paint. Their bid is considerably lower than
the Cook Paint bid and the Glidden Paint bid. The Administration
has checked to find that the State Highway Department has
used Ennis Paint and has been satisfied with it. Mr. Lanham
commented that he has asked that the City Attorney brief
Council on this matter. Scott Bounds explained that in its
discretion, City Council can award the bid to whoever it
determines is the low bidder if the omission in the bid is
merely technical. Mr. Bounds explained that it is apparent
80427 -17
Minutes of the Regular Meeting
April 27, 1978
that the reason companies are asked to specify the brand
name on the paint is so that the person taking the bids will
know who the manufacturer of the paint is. Consistent with
this policy, the City has in the past corrected technical
errors in bids, such as mathematical errors and then accepted
the bid as being in substantial compliance with the bid
proposal.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2460
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF ENNIS PAINT MANUFACTURING INC.
FOR THE PURCHASE OF ESTIMATED QUANTITIES OF TRAFFIC PAINT ON
A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE
BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Ordinance - Awarding the Bid for the Purchase of Asphalt
Two bids were received for the purchase of hot mix cold
lay asphalt. The bid tabulation follows:
HOT MIX, INC.
QUAN. DESCRIPTION UNIT PRICE EXTENDED PRICE
500 tons hot mix cold lay $15.25 $7625.00
asphalt
RATCLIFF MATERIALS
" 11 $15.25 $7625.00
Both companies submitted identical bids at the plant site.
However, Hot Mix, Inc. is located just outside of the city limits
and on the alternate bid which is delivered to the City of
Baytown's storage area at the West Main Treatment Plant Hot
Mix, Inc. was low. The Administration recommended approval
of the ordinance awarding the bid to Hot Mix, Inc.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2461
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF HOT MIX, INC. FOR THE PURCHASE
OF ESTI ?.SATED QUANTITIES OF HOT MIX COLD LAY ASPHALT ON A
UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE
BASED UPON THE ACTUAL QUANTITIES SUPPLIED AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
80427 -18
Minutes of the Regular Meeting
April 27, 1978
Ordinance - Awarding the Bid for the Purchase of Concrete
Pipe
Two bids were received for the purchase of concrete
pipe for drainage work. The bid tabulation follows:
MONROE FERRELL CONC.
QUAN. PIPE DESCRIPTION UNIT PRICE EXTENDED PRICE
1500
ft.
12
in.
RCP
$3.50
$5250.00
3800
ft.
15
in.
RCP
3.97
15,086.00
1800
ft.
18
in.
RCP
4.60
8280.00
1000
ft.
24
in.
RCP
NO BID
NO BID
500
ft.
30
in.
RCP
If
ft
100
ft.
36
in.
RCP
If
it
10 @.....$42.02
$49.80
WHITE SUPPLY
$44.72
QUAN.
8 ply
PIPE
DESCRIPTION
UNIT PRICE
EXTENDED PRICE
1500
ft.
12
in.
RCP
$3.43
$5145.00
3800
ft.
15
in.
RCP
3.86
14,668.00
1800
ft.
18
in.
RCP
4.41
7938.00
1000
ft.
24
in.
RCP
6.62
6620.00
500
ft.
30
in.
RCP
9.45
4725.00
100
ft.
36
in.
RCP
13.61
1361.00
White Supply Company submitted the low bid on all items.
The Administration recommended approval of the ordinance.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2462
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF WHITE SUPPLY COMPANY FOR THE
PURCHASE OF CONCRETE PIPE AND AUTHORIZING THE PAYMENT BY THE
CITY OF THE SUM OF FORTY THOUSAND FOUR HUNDRED FIFTY -SEVEN
AND N01100 ($40,457.00) DOLLARS.
Ordinance - Awarding the Bid for the Purchase of Tires
Four bids were received for the purchase of miscellaneous
tires for various City departments. The bid tabulation
follows:
hi
GOODYEAR
CITY TIRE
B.F.
GENERAL
SEXON
SERVICE
GOODRICH
TIRE SERV.
L78 -15 LTD
50 @.....$37.72
$47.00
$48.80
$36.36
11 R22.5X
steel radial
10 @.....$229.74
$239.00
$206.70
$209.81
1300 x 24
- 10 ply
motorgrader
10 @.....$192.47
$189.25
$206.00
$266.21
111 -16 SL
- 10 ply
10 @.....$42.02
$49.80
$75.90
$44.72
136 -28R4 -
8 ply
10 @.....NO
BID
$110.00
NO BID
$123.48
hi
80427 -19
Minutes of the Regular Meeting
April 27, 1978
GROSS TL: $12,700.20 $15,671.50 $11,174.00 $15,648.60
The bid of General Tire Service did not meet specifications
because their tires did not have the required ply rating.
The low bids meeting specifications are as follows: Goodyear
on Items No. 1 and 4; City Tire Service on Items 3,5,6,7,8,
and 9; B.F. Goodrich on Item No. 2. The Administration
recommended approval of the ordinance.
Councilman Lander moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE PURCHASE OF TIRES BY ACCEPTING THE BIDS
OF GOODYEAR "SEXSON TIRE COMPANY" FOR ITEMS NOS. I AND IV;
CITY TIRE SERVICE FOR ITEM NOS. III, V, VI, VII, VIII, AND
IX; AND B.F. GOODRICH COMPANY FOR ITEM NO. II OF THE CITY OF
BAYTOWN BID NO. 784 -55; AND AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN FOR EACH ITEM AS SET OUT BELOW.
Mayor Hutto called a ten - minute recess.
Ordinance - Awarding the Bid
GOODYEAR
CITY TIRE
B.F.
GENERAL
- J.C. Hollaway
SEXON
SERVICE
GOODRICH
TIRE SERV.
14.9 -24R4
- 8 ply
the pruchase
of playground
equipment to be utilized at
10 @.....$177.47
J.C. Hollaway
$144.00
$179.80
$171.97
17.5L -24R4
- 8 ply
E. MIRACLE
PERSONAIRE KNORI
10 @.....$224.51
CO. EQUIP.
$169.00
NO BID
$197.31
16.9 -2484
- 8 ply
2
whirl
10 @.....$215.21
@
$162.10
$205.00
$194.60
16.9 -30R4
- 8 ply
10 @ .....
NO BID
$269.00
NO BID
$174.86
GROSS TL: $12,700.20 $15,671.50 $11,174.00 $15,648.60
The bid of General Tire Service did not meet specifications
because their tires did not have the required ply rating.
The low bids meeting specifications are as follows: Goodyear
on Items No. 1 and 4; City Tire Service on Items 3,5,6,7,8,
and 9; B.F. Goodrich on Item No. 2. The Administration
recommended approval of the ordinance.
Councilman Lander moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2463
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE PURCHASE OF TIRES BY ACCEPTING THE BIDS
OF GOODYEAR "SEXSON TIRE COMPANY" FOR ITEMS NOS. I AND IV;
CITY TIRE SERVICE FOR ITEM NOS. III, V, VI, VII, VIII, AND
IX; AND B.F. GOODRICH COMPANY FOR ITEM NO. II OF THE CITY OF
BAYTOWN BID NO. 784 -55; AND AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN FOR EACH ITEM AS SET OUT BELOW.
Mayor Hutto called a ten - minute recess.
Ordinance - Awarding the Bid
for the Purchase of Playground
Equipment to be Utilized at
W.L. Jenkins
- J.C. Hollaway
Park
Five bids were received for
the pruchase
of playground
equipment to be utilized at
W.L. Jenkins -
J.C. Hollaway
Park. The bid tabulation follows:
VAUGHAN & PAUL
E. MIRACLE
PERSONAIRE KNORI
ASSOC. ALLEN
CO. EQUIP.
PARK PRO. ASSOC.
2
whirl
@
$453.00 NO BID
$511.00
$499.00 NO BID
4
Bsktbl bkbrd, goals,
supports
@
$261.00 $258.00
$278.00
$275.00 $275.00
2
tot swing
@
$380.00 NO BID
$425.00
$407.00 NO BID
6
saddlemate units
@
$103.00 122.00
$123.00
$ 99.00 $110.00
2
buck -a -bout
@
NO BID NO BID
$682.00
$754.00 NO BID
80427 -20
Minutes of the Regular Meeting
April 27, 1978
1 swing unit
@ $466.00 $449.00
1 metal park
shelter
@ $1508.00 NO BID
12 alumninum
park tables
@ $184.00 $222.00
12 park stove
@ $58.00 $58.25
$579.00 $499.00 NO BID
$1440.00 $1425.00 NO BID
$188.00 $188.00 $185.00
$60.00 $65.00 $59.00
4 five -row
bleachers
@ $431.00 NO BID $531.00 $355.00 $579.00
The John Dollinger, Jr. Company made only one bid as follows:
4 five -row bleachers @ $318.25.
The low bidders meeting specifications for each section are
as follows: Personaire Playground Products on Item Nos.
1,4,5,6,10 and 12; Vaughan and Associates on Item Nos. 3,7,
and 11; Paul E. Allen and Company on Item Nos. 2,8, and 9,
and John Dollinger, Jr. on Item No. 13. This is to be paid
for with 1975 Parks Bond Funds. The Administration recom-
mended approval of the ordinance.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2464
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE PURCHASE OF PLAYGROUND EQUIPMENT FOR
JENKINS - HOLLAWAY PARK BY ACCEPTING THE BIDS OF PERSONAIRE
PLAYGROUND PRODUCTS FOR ITEM NOS. I, IV, V, VI, X, AND XII;
VAUGHAN AND ASSOCIATES FOR ITEM NOS. III, VII, AND XI; PAUL
E. ALLEN COMPANY, INC. FOR ITEM NOS. II, VIII, AND IX, AND
JOHN DOLLINGER,,JR. INC. FOR ITEM NO. XIII OF THE CITY OF
BAYTOWN BID NO. 784 -61; AND AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN FOR EACH GROUP AS SET OUT BELOW.
Fk
VAUGHAN &
PAUL E.
MIRACLE
PERSONAIRE
KNORI
ASSOC.
ALLEN CO.
EQUIP.
PARK PRO.
ASSOC.
12
permanent aluminum
park benches
@
$82.00
$84.00
$118.00
$ 79.00
$90.00
1
arch swing
@
$860.00
$916.00
$871.00
$878.00
NO BID
2
climber and slide
combination
@
$811.00
$798.00
$876.00
$809.00
NO BID
1 swing unit
@ $466.00 $449.00
1 metal park
shelter
@ $1508.00 NO BID
12 alumninum
park tables
@ $184.00 $222.00
12 park stove
@ $58.00 $58.25
$579.00 $499.00 NO BID
$1440.00 $1425.00 NO BID
$188.00 $188.00 $185.00
$60.00 $65.00 $59.00
4 five -row
bleachers
@ $431.00 NO BID $531.00 $355.00 $579.00
The John Dollinger, Jr. Company made only one bid as follows:
4 five -row bleachers @ $318.25.
The low bidders meeting specifications for each section are
as follows: Personaire Playground Products on Item Nos.
1,4,5,6,10 and 12; Vaughan and Associates on Item Nos. 3,7,
and 11; Paul E. Allen and Company on Item Nos. 2,8, and 9,
and John Dollinger, Jr. on Item No. 13. This is to be paid
for with 1975 Parks Bond Funds. The Administration recom-
mended approval of the ordinance.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2464
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE PURCHASE OF PLAYGROUND EQUIPMENT FOR
JENKINS - HOLLAWAY PARK BY ACCEPTING THE BIDS OF PERSONAIRE
PLAYGROUND PRODUCTS FOR ITEM NOS. I, IV, V, VI, X, AND XII;
VAUGHAN AND ASSOCIATES FOR ITEM NOS. III, VII, AND XI; PAUL
E. ALLEN COMPANY, INC. FOR ITEM NOS. II, VIII, AND IX, AND
JOHN DOLLINGER,,JR. INC. FOR ITEM NO. XIII OF THE CITY OF
BAYTOWN BID NO. 784 -61; AND AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN FOR EACH GROUP AS SET OUT BELOW.
Fk
80427 -21
Minutes of the Regular Meeting
April 27, 1978
Ordinance - Authorizing the Aministration to Enter into
an Agreement with the Texas Department of Community
Affairs for operation of the Youth Conservation Corps
Program
For the past two years, the City has entered into an
agreement with the Texas Department of Community Affairs for
the operation of the Youth Conservation Corps Program during
the summer months. This year, the City proposes to hire 27
youths and 4 college age supervisors to continue the Youth
Conservation Corps Program. The type of work that will be
done is light construction in playground and picnic areas,
horticultural work, and other enviromentally related work.
The program will last for 8 weeks beginning the first week
of June. The grant amount is $22,525.00. The City's share
will be $5,850.00. These funds are provided through a joint
program sponsored by the United States Department of Interior
and the United States Department of Agriculture. The Administration
recommended approval of the ordinance.
Councilman Kloesel moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion.
Councilman Lander inquired what the hourly rate that an
employee under this program will be paid. Bobby Rountree,
Director of Parks and Recreation, explained that field
employees will be paid $2.65 and supervisors will receive
$4.00 per hour. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks, and
Caf fey
Mayor Hutto
Nays: None
ORDINANCE NO. 2465
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 A
CONTRACT WITH THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS WITH
REGARD TO A YOUTH CONSERVATION CORPS PROGRAM AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Awarding the Contract to Provide Group Insurance
for City Employees
On April 21, 1978, three bids were received for group
medical and life insurance for City employees. The bidders
included the current carrier, Massachusetts Mutual, represented
locally by Frank Robinson, Mutual of New York represented
locally by Bailey Anderson, and San Jac International represented
locally by Tom Gentry. The bid tabulation follows:
Bid Tabulation on next page.
80427 -22
Minutes of the Regular Meeting
April 27, 1978
Pregnancy Complications
Employee Included 1.31 NO BID
Emp. /Child in 1.31 "
Emp. /Spouse base 9.34 "
Emp. /Family bid 9.35 "
Major Medical Deductible
Employee
MASS
-3.67 NO BID
Emp. /Child
SAN
JAC
Emp. /Spouse
-8.92
MUTUAL
MONY
-13.95
INTERNATIONAL
Life per 1000
Employee
A.
B.
C.
D.
Basic Policy
.10
.055 .10 .10 .10 .10
Employee
$42.61
36.65
46.21
38.76
35.94
34.91
Emp. /Child
70.52
60.46
76.21
63.93
59.28
57.16
Emp. /Spouse
107.94
92.86
117.05
98.00
91.04
87.79
Emp. /Family
135.60
116.66
147.07
127.35
114.37
110.28
Hospital Charges
Employee
4.91
.79
NO
BID
Emp. /Child
9.82
1.30
"
Emp. /Spouse
14.71
1.98
"
Emp. /Family
19.62
2.49
Pregnancy Complications
Employee Included 1.31 NO BID
Emp. /Child in 1.31 "
Emp. /Spouse base 9.34 "
Emp. /Family bid 9.35 "
Major Medical Deductible
Employee
-5.03
-3.67 NO BID
Emp. /Child
-10.06
-6.05 "
Emp. /Spouse
-8.92
-9.29 if
Emp. /Family
-13.95
-11.68 it
Life per 1000
Employee
.60
.455* .60 .60 .60 .60
AD & D per 1000
Employee
.10
.055 .10 .10 .10 .10
*this is an estimated composite bid for optional life insurance.
Mr. Lanham explained that these bids have been analyzed very
carefully and asked that Dan Savage, Assistant City Manager,
present the Administration's recommendation to Council.
Air. Savage explained that this year bidders were invited
to bid on the City's present policy with several options:
(1) average semi - private room instead of $35.00 per day; (2)
pregnancy complications, and (3) a $200.00 deductible instead
of a $100.00 deductible.
All three bidders submitted bids which met the specifications
regarding the schedule of benefits and the policy provisions.
However, the bid of San Jac International is based on a
self- funding proposal and the rates quoted are potential
costs with a maximum stop loss. Because the cost of any
self- funding proposal is tied to actual as opposed to predicted
experience, this cost can vary widely depending on group
experience. In recent years the City's group experience has
been relatively bad. The renewal notice which Massachusetts
Mutual submitted to the City showed that group medical
insurance premiums for the year ending January 31, 1978,
totalled $217,087.60, while group claims paid during this
same period amount to $259,943.13. Although the City's
experience during this period was bad, there is no way of
knowing for certain whether this experience trend will
continue or change for the better.
The proposal which San Jac International submitted sets
the aggregate stop loss for the City's group medical at
$69.23 per employee per month. Annually this represents a
potential aggregate liability of $386,303.40 for group
80427 -23
Minutes of the Regular Meeting
April 27, 1978
medical claims. This represents claims of 125% of expected
experience. Aggregate claims above this figure would be
reinsured. Administrative charges and reinsurance costs
amounting to $93,855.60 would have to be added to the potential
claims liability. The total potential cost would be $480,159.00.
It is highly unlikely that the City would experience expenses
approaching this figure. Contribution rate D which is the
most favorable situation presented in the San Jac proposal
produces an annual liability of $313,921.92 for group medical
coverage. This rate assumes a favorable situation of claims
occuring at 90% of the projected rate, plus the use of cash
flow and reserve accumulation advantages which are potentially
available with self - funding. It is possible that the City
could have a claims experience even below the 90% projected
rate. The group medical cost at 100% of projected experience
is $402,876.00.
The explanation presented above shows that the range of
potential costs under the San Jac proposal is very great.
Group medical costs could be below $313,921.92 and range up
to a highly unlikely maximum of $480,159.00. The advantage
of a self- funding proposal is that contributions paid in
excess of claims and expenses remain in the City's loss
fund. The disadvantage is that the City is liable for all
claims up to the aggregate stop loss. In simple terms, the
self- funding approach exposes the City to a greater risk
with potential rewards for good experience and potential
liabilities for bad experience.
Because the self- funding proposal does not present a
firm cost figure, it is difficult to compare with the other
bids. No true comparison can be made as to which bid is the
low bid meeting specifications. For this reason, Mr. Savage
does not think it is fair to consider the self - funding
proposal. Because self- funding represents a different risk
philosophy, he thinks the question that needs to be answered
is whether or not the City wants to adopt a more liberal
risk strategy in regard to group medical insurance. If the
answer is yes, then Mr. Savage recommends that all bids be
rejected and that the City seek new bids based on the self -
funding concept.
If the City wishes to continue its present risk stategy
toward group medical insurance, then the choice is between
Massachusetts Mutual and Mutual of New York (MONY). The bid
of MONY is the lower bid, even if the various options are
considered. However, it is worth noting that many carriers
refuse to bid on the City's group insurance because the City
has changed carriers so frequently. The effect of accepting
the MONY bid might be to reduce or eliminate the possibility
of getting other bids in the future.
Mr. Savage explained that last year, the City of Baytown's
medical claims were approximately $130,000.00, the dependents
claims were approximately $129,000.00. The City paid approximately
$117,000.00 toward employee premiums, and the employees paid
approximately $90,000.00 toward dependent premiums. The
present policy with Massachusetts Mutual expires effective
May 1, 1978. The Administration has some need for the City
Council to take action. Mr. Savage explained that he had
spoken with Mr. Dick McKay of Massachusetts Alutual who felt
that if City Council did not take any action on this item,
his company would probably be able to extend the policy at
the proposed rates.
At this point, Mr. Savage introduced Frank Robinson,
the present agent for the City of Baytown and local agent
80427 -24
Minutes of the Regular Meeting
April 27, 1978
for the Massachusetts Mutual Company. Mr. Robinson extended
his appreciation for being associated with the City of
Baytown. Mr. Robinson explained that he submitted the
specifications to several different companies, and each
company felt the City of Baytown to be a poor risk due to
the past practice of receiving bids on insurance each year.
Last year Massachusetts Mutual spent $1.10 out of every
dollar contributed into the program. Mr. Robinson felt that
Massachusetts Mutual has done an outstanding job, and he
said that personally he would like to see Massachusetts Mutual
retain the business. Mr. Robinson suggested that City
Council consider resubmitting bids on a comprehensive major
medical program. This would restrain people from flaunting
insurance. He stated that insurance is designed to prevent
problems on a catastrophe basis or a crisis basis.
Mr. Robinson explained that if it is possible for the
City of Baytown to carry Massachusetts Mutual Company's
policy for one more year, then the city of Baytown will be
in a better position when going out for bids in the future.
Councilwoman Wilbanks inquired if the bids were taken
on the same standards that were used last year. Mr. Savage
explained that when preparing the specifications, last
years specifications were used as a guideline but several
options were added as were mentioned earlier. Mr. Savage
explained that in discussion with other agents, a number of
them suggested that if the City would add specifications
based on a comprehensive policy, they would be more interested
in bidding.
Mr. Lanham explained that traditionally when the Adminis-
tration had made major changes in the specifications for
hospitalization insurance, the City has had an employees
committee made up of people representing the various departments
to meet with representatives of various companies in working
up specifications. Mr. Lanham commented that the Administration
did not have time to appoint a committee. If Council elects
to have an employees committee appointed, then the Council
and Administration need to make arrangements to continue our
coverage with Massachusetts Mutual for a few months.
Mr. Robinson explained that Massachusetts Mutual Company
has indicated that they will extend their policy to accomodate
the City, but at the renewal rate. Mr. Robinson commented
that he would be cooperative in helping the Administration
and Council to explain the specifications to the employees
and their families.
Mayor Hutto recognized Bailey Anderson, local representative
for MONY, who explained that the Insurance Administrative
Group is a third party plans administrator and is located in
Baytown, Texas. At the present time, this agency handles
approximately 10,000 people who reside in the Baytown area.
The average claim turn around is usually between three and
five days. The plan that is being recommended by MONY has
had some changes that will help hold down expenses.
Councilman Lander inquired as to what a comprehensive
policy plan means? Mr. Anderson explained that this is a
policy that is designed similar to a base plan where front
end benefits are guaranteed and then go into a major medical
plan. Mr. Anderson pointed out that one of the cost savings
in a comprehensive policy is that it is easier to administer.
Mr. Savage pointed out that another main factor in a plan of
this type would be that an employee pays 200 of the cost and
the policy pays 80% of the cost.
80427 -25
Minutes of the Regular Meeting
April 27, 1978
Mayor Hutto commented that he is concerned about the
City of Baytown receiving a reputation for shopping around
for insurance on a year -to -year basis. Mr. Savage explained
that in regard to shopping around for insurance, the reason
that the Administration went out for bids is that the City
of Baytown got a sizeable renewal notice. By the Administration
advertising for bids, this showed the employees that the
Administration is trying to find the best bargain for City
employees.
Councilman Lander commented that he would like to see
some input from employees, and since the policy is lapsing
on May 1, 1978, it is causing a complex problem. Councilman
Lander also commented that he is reluctant because the
employee pays half of the premium.
The Administration recommended that the insurance bid
be awarded to Mutual of New York (MONY).
Councilman Kloesel moved for adoption of the ordinance;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, and Wilbanks
Mayor Hutto
Nays: None
Abstained: Councilwoman Caffey
Councilwoman Caffey commented that she abstained due to
the fact that she did not understand the information that
was presented.
ORDINANCE NO. 2466
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE
BID OF MUTUAL OF NEW YORK FOR A GROUP INSURANCE POLICY
PROVIDING FOR LIFE INSURANCE,MAJOR MEDICAL BENEFITS, AND
BASIC MEDICAL BENEFITS FOR THE CITY OF BAYTOWN EMPLOYEES;
AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE
AND ATTEST TO A CONTRACT WITH MUTUAL OF NEW YORK, AND DIRECTING
PAYMENTS OF PREMIUMS PURSUANT TO THE TERMS OF SAID CONTRACT
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Resolution No. 618 - Directing the Foxed Beverage Permit
Application of Chimes Square -The Fever Tree Located
at 4119 Crosby -Cedar Bayou Road to the Proper County
and State Officials
At the last Council meeting, several citizens who live
outside the city limits presented a petition to Council to
oppose the mixed beverage permit application of Chimes
Square -The Fever Tree which will be located at 4119 Crosby -
Cedar Bayou Road outside the city limits. The resolution
that has been prepared indicates that this location is
outside the city limits and that the County Judge, the
Sheriff, and the County Attorney are the appropriate local
officials to recommend action concerning this request and
points out that the place in which the applicant proposes to
conduct this business warrant refusal of a permit based on
the general welfare, health, peace, morals, and safety of
the people due to public sense of decency. The resolution
also states that the petition that was filed with the City
be presented to the Texas Alcoholic Beverage Commission for
consideration in the determination of the request of Chimes
Square -The Fever Tree for a beverage permit.
Mr. Lanham explained that since this establishment is
outside the city limits, the Administration felt that the
City Council has no authority in this area regarding this
matter.
80427 -26
"linutes of the Regular Aieeting
April 27, 1978
Councilman Kloesel moved for adoption of the resolution;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesek, Wilbanks and
Caf f ey
Mayor Hutto
Nays: None
RESOLUTION NO. 618
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, FORWARDING TO THE COUNTY JUDGE AND ALCOHOLIC BEVERAGE
COMMISSION A PETITION OPPOSING A MIXED BEVERAGE LATE HOUR
PERMIT.
Resolution No. 619 - Authorizing Transfer of Funds from
General Fund Contingency to 1975 Bond Program
At the last Council meeting, Council approved final
payment for the Bayway Drive arterial water main and reimbursement
to Mr. F. A. Richardson for installing approximately 600
feet of water main on Rollingbrook Drive. The cost overrun
on the Bayway Drive Project was $43,394.86. The reimbursement
due to Mr. Richardson was $13,496.12. The proposed resolution
authorizes transferring funds from the General Fund Contingency
Account to the 1975 Bond Program Fund to cover the deficit
anticipated by these expenditures.
Councilman Kloesel moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks, and
Caf f ey
Mayor Hutto
Nays: None
RESOLUTION NO. 619
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FIFTY SIX
THOUSAND EIGHT HUNDRED NINETY -ONE AND N01100 ($56,891.00)
DOLLARS FROM GENERAL FUND ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES,"
TO 1975 BOND PROGRAM FUND ACCOUNT NO. 0101 -13 -0200.
Resolution No. 620 - Amending the "City of Baytown Parks and
Recreation Policy Manual" by the Amendment of the Schedule
of Fees for Admission to Swimming Pools
Council received a copy of a memorandum from Bobby
Rountree, Director of Parks and Recreation, and a chart
showing swimming pool admission fees in other Texas Cities.
The recommendation of the Parks and Recreation Department
and the Parks Board is that admission fees for all persons
at the swimming pool be $.50 except for the wading pool.
Presently, the charges are as follows: up to 12 years of
age - 25¢; 13 to 17 years of age - 35¢, and 18 years and
up - 500. The wading pool is free and would remain so. The
Administration recommended approval of the resolution.
Councilman Kloesel explained that he would oppose the increase
in admission fees to the swimming pools. The low admission
fees to the pools encourage youngsters to swim and gives
them a good place to be. Councilman Lander concurred.
The item died for lack of a motion.
80427 -27
Minutes of the Regular Meeting
April 27, 1978
Consider the Removal of Planter Boxes on Texas Avenue
Councilman Kloesel commented that he requested that
this item be placed on the agenda. The he requested that
there be no discussion of the item, and that the Administration
place this item on the agenda for the next Council meeting.
Councilman Kloesel asked to delay action on this item as he
is planning to meet with some of the merchants who are
located on Texas Avenue prior to the next Council meeting.
Consider the Railroad Crossing Designs for Southern Pacific
at North Main / Lobit
Mr. Lanham asked that Bill Cornelius, Director of
Planning and Traffic present this item. Council has received
a copy of a letter from Mr. Omer F. Poorman, District Engineer
for the State Department of Highways and Public Transportation
regarding the railroad crossing protection at the intersection
of North Main and Lobit. Mr. Cornelius explained that two
diagrams showing alternative ways of signalizing this intersection
are included. In his letter, Mr. Poorman states that the
State Department of Highways and Public Transportation would
be willing to install a single diagonal overhead span as
shown on Diagram No. 1.
Diagram No. 1 calls for 2 forty -foot wooden poles with
the cable that would go across and two signal heads. When a
train comes through, a signal will flash red for all directions
of the intersection. Pair. Cornelius explained that the City
of Baytown is trying to get rid of wooden poles and overhead
cables. This design would require a 22 foot clearance over
the intersection. This proposal is inconsistent with the
City's current design policy. The design that the Administration
is recommending is Diagram No. 2, which would consist of
mass arms with the same type signal heads that will be
placed at the traffic signal intersections. The Highway
Department's estimated cost is under $10,000.00 on their
project and the Administration estimated that it will be
more to install the City's recommendation. The Administration
would like approval to indicate that the City of Baytown
prefers Design No. 2.
Councilman Lander moved to give the Administration
approval to indicate to the State Highway Department that
the City of Baytown prefers Design No. 2; Councilwoman
Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel Wilbanks and
Caf f ey
Mayor Hutto
Nays: None
Consider Paving Rollingbrook Drive East of Garth Road
Mayor Hutto commented that for sometime he has been
trustee for this tract of land and for the discussion of
this item, he would like to turn the chair over to Mayor
Pro Tem Lander.
*Mayor Hutto left the Council Chamber for the discussion
of this item.
Mr. Lanham explained that Councilman Cannon asked that
this item be placed on the agenda for tonight's meeting.
Mr. Lanham explained that in 1969 -1970, the Planning Department
and the Planning Commission worked with the owners of land
along what is now Rollingbrook Drive and worked out agreements
with all of them whereby the owners paid the cost of paving
80427 -28
Minutes of the Regular Meeting
April 27, 1978
the street. The owners were interested in developing their
land. It was agreed that the City would accept dedication
of the street if the owners paid the cost of paving. The
deed that the City received from the trustee of this particular
tract of land at that time, who was Ronnie Marshall, has the
following stipulation: "The grantor, his successors and the
assigns shall upon the development of his abutting property
and the acquisition of a building permit, pay the direct
contract cost of improving the hearin above described ease-
ment as a street."
Mr. Lanham explained that he would like authorization
from Council to approach the owners to ask them if they
would try to work out a way whereby they could go ahead and
pave the street. Mr. Lanham said that he would indicate
that this street is needed to carry the east and west traffic.
Mr. Lanham explained that the north half is paved and this
strip of land is the only portion that is not paved.
Councilman Kloesel moved that the owners of this property
be contacted by the Administration in an effort to speed up
the pavement of this proposed project; Councilwoman Caffey
seconded the motion. The vote follows:
Ayes: Council members Kloesel, Wilbanks and Caffey
Mayor Pro Tem Lander
Nays: None
*Mayor Hutto presiding.
Consider Authorization to Advertise for Bids to Purchase
Additional Disk Drive for Computer System
Mr. Lanham asked Dan Savage to present this item to
Council. Currently, the City has its data processing equipment
on a five -year lease /purchase plan. Included in this purchase
are two Model 275 disk drives. These drives provide the
City with the capability of storing a tremendous amount of
data. In 1976 when the City entered into its purchase
agreement with Honeywell, the cost of one of these disk
drives was $16,000.00. Under our purchase plan the monthly
cost for one of these drives is $425.00, plus an additional
$116.00 monthly for maintenance. Presently, the data processing
staff consists of two City employees and a consultant. The
total budget for the data processing operation amounts to
approximately $75,000.00. At present the production responsibilities
of the data processing staff include the semi - monthly payroll,
twice monthly utility billing, weekly accounts payable check
writing, weekly utility cash posting, monthly tax cash
posting, monthly budget reporting, and annual tax billing.
Each of these job streams requires backup, editing and
updating runs.
The addition of a third disk drive will enable the data
processing staff to handle these production tasks in a more
timely manner and will enable us to add more production
tasks and do more program testing within the time alloted.
The Administration would like permission to advertise
for bids for a third disk drive. Mr. Savage felt that the
Honeywell Company is probably the only company that could
bid on a disk drive that is compatible with the City of
Baytown's equipment. Their price on a disk drive is $10,400.00.
The monthly payment would be $318.00 toward the purchase and
$137.00 per month maintenance charge. The total annual
payment for this disk drive would be $5460.00. Mr. Savage
proposed that this disk drive be purchased on the three year
lease /purchase plan.
80427 -29
Minutes of the Regular Meeting
April 27, 1978
Councilman Lander moved that permission be given to the
Adminstration to advertise for bids for the lease - purchase
of a disk drive; Councilman Kloesel seconded the motion.
The vote follows:
Ayes: Councilmembers Lander, Kloesel, Wilbanks and
Caf f ey
Mayor Hutto
Nays: None
Hear a Report on Water Problems in Southwest Addition and
Lee Heights
Mr. Lanham explained that in regard to Lee Heights,
during the time that the Market Street Bridge was under
construction, a line that fed the Lee Heights area was taken
out of service. This line was placed back in service about
three weeks ago. Presently, this area has a three -way feed
and should have no further problems.
The City has had problems with the Southwest Addition
for several years. Several years ago, an additional line
was installed to provide a two -way feed; therefore, the
engineers do not know why the residents in this area continue
to have problems with their water. The Administration felt
that the solution is to build an eight -inch line along
Highway 146, extending from the Southwest Addition over to
Lee Drive. The estimated cost for this project for materials
only is $40,000.00; the contract would probably be twice
that much. It would be necessary to obtain permission from
the Highway Department to attach the pipe to the bridge.
The Administration felt that this needs to be included
in next year's budget. In the meantime, the Administration
will be checking with the State Department of Highways and
Public Transportation to obtain permission to attach the
lines to the bridge.
Consider Appointment to the Baytown Library Board
This will be discussed in executive session.
Committee Reports
None.
Unfinished Business
None.
Recess into Executive Session
Mayor Hutto recessed the open meeting into executive
session to discuss personnel and legal matters. When the
open meeting reconvened, the following business was transacted:
Consider Appointment to the Baytown Library Board
Mr. Perry Smith has resigned as a member of the Sterling
Municipal Library Board. Mr. Smith's term would have expired
in March 1979. Mr. Lanham explained that he would like to
appoint Mr. Lawrence Riley to the remainder of Mr. Smith's
unexpired term which would expire in March 1979.
Councilman Lander moved to appoint Mr. Lawrence Riley
to the Sterling Municipal Library Board; Councilwoman Caffey
seconded the motion. The vote follows:
Ayes: Council members Lander, Kloesel, Wilbanks and
Caf fey
Mayor Hutto
Nays: None
80427 -30
Minutes of the Regular Meeting
April 27, 1978
Reference to the Citv Hanazer's Report
Councilman Lander commented that he would be able to
attend the hearing to be held on May 8, 1978, concerning the
application for the disposal of sewage effluent. Mr. Lanham stated
that the Administration will develop information for Councilman
Lander's presentation.
Adjourn
With no further business to be transacted, Councilman
Kloesel moved for adjournment; Councilman Lander seconded
the motion. The vote for adjournment was unanimous.
0,-AQ m) pow ID
Karen Petru, Deputy City Clerk
Approved:
Eileen P. Hall, City Clerk