1978 08 24 CC MinutesMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
August 24, 1978
The City Council of the City of Baytown, Texas, met in
regular session Thursday, August 25, 1978, at 6:30 p.m. in
the Council Chamber of the Baytown City Hall. The following
members were in attendance:
Jody Lander
Jimmy Johnson
Ted Kloesel
Mary E. Wilbanks
Eileen Caffey
*Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Dan Savage
Scott Bounds
Eileen P. Hall
Councilman
Councilman
Councilman
Councilwoman
Councilwoman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Mayor Hutto called the meeting to order and the invocation
was offered by Mayor Hutto.
Approve Minutes
Councilman Kloesel moved to approve
regular meeting of August 10, 1978, and
of August 15, 1978, and for ratification
concerning each of the matters listed on
meetings; Councilwoman Wilbanks seconded
vote follows:
the minutes of the
the special meeting
of actions taken
the agendas of said
the motion. The
Ayes: Council members Lander, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
Receive Petitions
None.
Consider Statement of Houston Lighting and Power Company
Cost of Service and Fuel Cost Adjustment for September
Council received a copy of a letter from Quin McWhirter,
District Manager for Houston Lighting and Power Company. In
his letter, Mr. McWhirter sets forth the proposed fuel cost
adjustment and cost of service adjustment factors for the
month of September. The cost of 2000 KWH in September will
be $68.24. This is $6.28 less than the August figure of
$74.52. The reason for the decrease is a substantial reduction
in the unit fuel price.
Lamar Kelley Appeared
Lamar Kelley, a spokesman for the Baytown Taxpayers'
Association, appeared. Mr. Kelley apologized for the Association's
delay in coming before Council, but stated if this delay had
an effect on the outcome of what the Association is attempting
to accomplish this year, the Association will begin their
efforts earlier next year to accomplish the desired results.
Mr. Kelley explained that the Taxpayers' Association is
concerned with rising taxes and is dedicated to fighting
these increases by banding together to demonstrate their
voting power by taking whatever avenues open to bring about
relief and turn the trend in other directions. The feeling
is widespread among the members of the Association that
80824 -2
Minutes of the Regular Meeting - August 24, 1978
approaching the City Council as individuals will produce
little, if any, results. The cost of living today is a
catalyst that brings about this reaction. Food prices are
going out of sight, utility rates are extremely high and
getting higher, gas prices have risen, City water rates are
too high and have the sewer charge unfairly based on the
amount of water used - -all of which seem to have become an
unbearable burden for citizens who pursue the American dream
of owning homes and providing for their families.
The first area that concerns the Association is the
present Equalization Board. Mr. Kelley quoted a paragraph
from the Board of Equalization Report, "It is the opinion of
the Equalization Board that the fair market value established
overall tends to be a little high by using sales figures
that are not closely associated to a given piece of property
as they should be. Overall consideration should be given to
the fact that almost all of Baytown is vulnerable to some
degree of flooding. This flooding coupled with tax rates
which might tend to become higher than surrounding areas
will cause new families to locate elsewhere and has already
caused some citizens to consider moving." Mr. Kelley explained
that the paragraph quoted reports an inequity in the recent
appraisals, but gives no solutions. He stated that the
Board of Equalization was never given a copy of the City
Charter, and therefore, the members of the Board did not
know all the duties and authority of the Board. Mr. Kelley
quoted that Section 85 of the City Charter states, "It shall
be the duty of such Board to examine and if necessary revise
the assessments that are returned by the City Assessor -
Collector, to the end that all property within the City
shall be assessed as fairly and as uniformly as possible."
Mr. Kelley explained that what he read in the Equalization
Board's report relates to a problem of inequity but gives no
solution.
Mr. Kelley requested that the City Council not accept
the report of the Board for another week. If Council chooses
to do this, the Board can reconvene to complete the job that
they were charged to do since the Board now knows what to
do. Mr. Kelley also commented that the Baytown Taxpayers'
Association requests that Council repeal the hotel /motel
occupancy tax recently passed and that the utility sales tax
be returned to the citizens of Baytown as quickly as possible.
Mr. Kelley commented that the members of Council had
been working on a proposed City budget for the forthcoming
year and that the Association felt that the only way to
control taxes in the final analysis is to control the budget.
This is the sole responsibility of the Mayor and the Council.
Mr. Kelley explained that the Association understands that
the Council proposes to grant a tax rate reduction from
$1.52 to $1.44. On a $20,000 house, this would be a reduction
of only $8. This is minor relief since 44 subdivisions had
evaluation increases of 1000, 2000, and even 3000. This is
hardly the relief in the tax rate that the taxpayers in
Baytown expect. Since responsibility for the money spent in
any one year rests finally with the Council, the Baytown
Taxpayers' Association asks that Council not adopt the
proposed City budget in its present form. He asked that
Council take the City budget under further study and affect
some economies in it. Then the tax rate reduction can be
far greater than the proposed 80. The Association does
endorse the proposed 9% pay increase for City employees.
Mr. Kelley further explained that if Council proceeds
to pass the proposed City budget in its present form, the
Association will take the only other recourse allowed by the
80824 -3
Minutes of the Regular Meeting - August 24, 1978
City Charter - -bring about a recall election of those members
of the City Council that vote for this budget in its present
form. It will take only 51% of the total number of votes
cast in the last City election to bring this about and that
number of signatures can be obtained in a few days with a
group as large as the Baytown Taxpayers' Association. Mr.
Kelley explained that the only Council members that can be
removed are members that have been in office for six months
or less. The process will be to remove the members of
Council that are eligible at the present time and the remainder
later.
Councilman Kloesel commented that he appreciated Mr.
Kelley's report.
In response to a question from Council, Mr. Kelley
explained that it was his understanding that if Council did
not vote on the Board of Equalization report, the Board can
reconvene.
Councilman Kloesel commented that prior to Mr. Kelley's
announcement he had decided to vote against the proposed
budget because he felt that there were too many frills. He
also commented that he will support the effort to reconvene
the Equalization Board if it is necessary.
Mr. Kelley commented that the Board of Equalization
felt that they needed this extra week to make matters clearer
for all concerned.
Councilman Kloesel commented that there is a reaction
time needed for the budget and this budget had only been
finalized on Monday.
Councilman Lander inquired if the Board felt more time
was needed to make some adjustments in the evaluations that
were made earlier. Mr. Kelley explained that although the
Board felt some of the evaluations tended to be a little
high, no attempt was made to alter those evaluations; therefore,
the Board had not discharged its obligations to the City
Council or the taxpayers.
Mr. Kelley stated that he did not intend to do anything
that would hurt the government of the City of Baytown.
Councilman Kloesel suggested that one route that might
be considered is to have the Board ask that this report be
placed on the agenda for the next regular Council meeting.
He also suggested that if the Board of Equalization would
like to have a work session with Council, it may prove
beneficial.
Councilwoman Wilbanks inquired if the City Attorney is
of the opinion that this Board is still a functioning entity
until the City Council inspects the report. Scott Bounds,
City Attorney, explained that the Council is directed by
City Charter to approve the assessment roll for the collection
of taxes. After it is approved by City Council, the Board
of Equalization nor City Council nor anyone else has the
right to re- examine the assessment roll. Prior to the
acceptance by Council of the assessment roll, the Board
would have the right to call a meeting pursuant to the open
meetings law, and take whatever action deemed appropriate
after the proper notice is posted. Although the City Charter
states that the assessment roll has to be presented to
Council by October 1, as a practical matter the report has
to be presented by September 27 because the City Charter
also requires that the budget and tax levy be established
three days prior to the end of the fiscal year.
80824 -4
Minutes of the Regular Meeting - August 24, 1978
Councilman Lander inquired what kind of problem delaying
action on this matter would pose for the Administration.
Mr. Lanham explained that as long as the report is presented
for Council consideration prior to the last meeting in
September, the delay would cause no problem.
Councilman Johnson moved to extend the Board of Equalization
for a week, or for the time needed within the limits set by
the Charter.
Councilman Kloesel stated that assuming the Council
rolls back the tax roll to 1977 and cut taxes to some extent,
this would decrease the budget. He further stated that it
is important for the citizens to have some input in the
budget process, and proposed that a recap of the budget by
departments be mailed to the citizens.
Mr. Kelley stated that if Council needs some assistance
in the budget process, the Association has two gentlemen
with CPA degrees to examine the budget and the Association
is prepared to offer constructive suggestions.
Mayor Hutto commented that the Board of Equalization
needs to bear in mind that if the Board does recommend any
drastic action, the City Council will need to weigh that
with what affect it will have in the Tax Department. Mr.
Kelly commented that before the Board will come back to
Council with any kind of recommendation, representatives of
the Association will meet with the Administration to determine
if what the Association plans will fit with the schedule
that Council must adhere to by Charter.
In response to a question from Mayor Hutto, Mr. Bounds
commented that if Council does not take any action, the
Board of Equalization will be allowed to reconvene.
Councilman Cannon stated that he would like Dorothy
Vidrine, Chairperson of the Board of Equalization, to make
the official request to withdraw the Board's report.
Receive Report from 1978 Tax Board of Equalization
Dorothy Vidrine, Chairperson of the Board of Equalization,
asked that the the Board be allowed to withdraw their report
and assured Council that the Board will reconvene as soon as
possible. Council had no objection.
City Manager's Report
Community Development Agency of Harris County - The
Administration has received notification from the Community
Development Agency of Harris County regarding the City's
1978 Community Development Block Grant which will be in the
amount of $440,000. Plans are being prepared now using the
1977 allocation. This amount of money is approximately the
same amount of money that was allocated in the 1977 allotment.
The City's share of this money comes through the County.
The City of Baytown is not a direct recipient of the grant.
Houston Lighting and Power Company Rate Increase - The
City Attorney has advised the Administration that in his
opinion, it is necessary for the Council to hold a public
hearing on the HL & P request for a rate increase before
September 20, 1978. The Administration recommended that
this public hearing be held at the next regular Council
meeting to be held on September 14, 1978.
80824 -5
Minutes of the Regular meeting - August 24, 1978
In response to a question from the Administration, Mr.
Bounds explained that the City of Baytown would have to
enter into the hearing by September 20, 1978, and then the
City can continue from there.
Councilman Kloesel inquired as to what type information
the Administration expects to have from the Texas Municipal
League action. Mr. Bounds responded that the Texas Municipal
League will make its presentation to the Public Utilities
Commission on September 18, 1978, and sometime after that
the City should expect to have a packet from Touche Ross on
the rates and detailed rate analysis.
Bond Sale - The bids on the Baytown Area Water Authority
bonds will be received on September 14, 1978. The BAWA
Board will receive the bids at 5:00 p.m. An item will be
placed on the Council agenda for consideration.
Street Improvement Program - Denby Street - The subgrade
and base have been lime - stabilized from Pruett to Massey;
the base has been lime - stabilized from Lee Street to Wheatly.
The contractor has started on West Gulf and has removed the
old asphalt surface between Lee and Felton.
Kilgore Road /Mockingbird Lane Storm Sewer Project - The
work left to be done there includes two inlets on Mockingbird,
a junction box on Kilgore and the outfall headwall off
Kilgore Road. After this work is completed, there will be
repair of concrete and asphalt pavement, driveways, and
general cleanup.
Country Club
water line replac,
approximately 99%
service with only
Neighborhood
building and this
Water Line Replacement - The Country Club
ament, including the change order, is
complete. The pipe is in place and in
cleanup work remaining to be done.
Center - The carpenters are framing the
job is approximately 15% complete.
Jenkins - Hollaway Park - This job is approximately 30%
complete and the work is proceeding on the parking areas and
the trails through the wooded section. The concession
stands, restrooms, and scorekeepers building are framed,
closed in, and ready for roofing. Preparation of the ballfields
is underway and the electrical contractor is installing the
various underground electrical systems.
Questions or Comments Concerning the City Manager's Report
Councilman Johnson inquired if the caretaker has moved
onto the premises at the Sports Complex. Mr. Lanham explained
that he had moved in on Wednesday.
Councilman Johnson inquired about the vandalism in the
parks. Bobby Rountree, Director of Parks and Recreation,
responded that the vandalism has decreased considerably in
the past couple of weeks.
Mayor Hutto commented that he received a call earlier
from a teenager who requested that the City put basketball
nets on the goals at the park on South Main Street. Mr.
Rountree responded that the City puts nets on the goals in
city parks about every two weeks.
Councilwoman Wilbanks inquired if the dead pine trees
have been removed from Jenkins - Hollaway Park? Mr. Rountree
commented that the problem with the pine bark beetles is
areawide and not in just a few trees. Mayor Hutto remarked
80824 -6
Minutes of the Regular Meeting - August 24, 1978
that approximately 18 months ago he and Mr. Rountree had
made arrangements with a gentleman from Cleveland, Texas, to
come to Baytown to remove the trees, but the man has never
removed the trees. Mr. Rountree commented that the Parks
Department has removed the dead trees from around the tennis
courts and the trails.
Councilman Kloesel commented that the Council needs to
appoint an auditor for the next 6 month period. Mr. Lanham
explained that he was going to suggest later in the meeting
that Council appoint a committee to work on the appointment.
Councilman Kloesel commented that several citizens from
1701 through 1705 Fifth Street have complained about the
wooded area behind that street needing cleaning. Mr. Lanham
commented that the Administration would check into the
matter.
Councilman Kloesel commented that the City needs to
have a permanent sign installed on Durrain Road indicating
that it is closed to through traffic; temporary markers are
in place at the present time.
Councilman Kloesel commented that citizens who are
doing recreational fishing or shrimping in the bays around
Baytown are being cited, which is according to law, but he
is concerned about the state citing citizens for recreational
fishing or shrimping. Councilman Kloesel stated that he was
not aware that citizens would be cited for recreational
fishing or shrimping when the question was raised concerning
the placement of buoys.
Mayor Hutto recognized Jean Shepherd, who commented
that a group from the Brownwood Civic Association and another
group looked into and requested buoys. These groups discussed
this carefully and considered how this may affect the sportsman.
The sports fisherman has never been able to shrimp for table
shrimp in those bays. The sportsman has only been allowed
to take a maximum of two quarts of bait shrimp, which
applied before the buoys were in place. Mrs. Shepherd
explained that this somewhat upset the citizens, but the
groups considered this matter before coming before Council
to request the placement of the buoys. She further stated
that there is plenty of room outside the buoys for the
sportsman to take his two quarts of shrimp for bait.
Councilman Kloesel asked that this item be placed on
the next agenda for possible consideration in recommending a
change in state law.
Receive Semi - Annual Audit Report for Period Ending
March 31, 1978
James E. (Sonny) Rougeou, representative of Gerace,
Hullum, and Company, Inc., was present to present the semi-
annual audit report for the period ending March 31, 1978.
Council received a copy of the report in the agenda packet.
This report is required by the City Charter.
Mr. Rougeou highlighted a few items of the report. The
general fund revenues are up for the period ending March 31,
1978 by 24.65% over the same period for last year. The
general fund expenditures are up only 11.48 %. In regard to
the water fund, revenues are up 27.890 over last year while
the water fund expenditures are actually down 12.650. The
general fund financial position is excellent as indicated on
the balance sheet of the report; however, the water fund is
experiencing some difficulty due to problems of delayed
W1
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Minutes of the Regular Meeting - August 24, 1978
water billing. Mr. Rougeou commented that once the billing
is caught up, this problem will be alleviated.
In response to a question from Councilman Lander, Mr.
Rougeou explained that the auditors are required by generally
accepted accounting principles to capitalize assets in the
water fund and not required to do so in the general fund.
Councilman Kloesel inquired if an account shows a line
item to be overspent and there is a transfer of funds between
line items, would the audit reflect this? Mr. Rougeou
replied that the audit would not reflect this because the
City Charter allows the transfers between general group
accounts.
Ordinance - Fixing the Ad Valorem Tax Rate Levy for the
1978 -79 Fiscal Year
Council was not prepared to take action on this item.
Ordinance - Adopting the Annual Budget for the 1978 -79
Fiscal Year
Council was not prepared to take action on this item.
Ordinance - Adopting the Budget for the Entitlement X
Revenue Sharing Funds
Council was not prepared to take action on this item.
Ordinance - Exempting the Residential Use of Gas and
Electricity From the One Per Cent (1 %) Sales Tax
Mr. Lanham pointed out that Council's decision on this
item could have been influenced somewhat by the action on
the items past, however, in order for this to be effective
by October 1, the Administration must notify the Comptroller
of Public Accounts Office prior to September 10, 1978.
Councilman Cannon moved for the adoption of the ordinance
removing the 1% sales tax on residential use of gas and
electricity; Councilman Kloesel seconded the motion.
Mr. Lanham explained that the estimated revenue from
this tax for the 1977 -78 year was approximately $107,000.
Mayor Hutto commented that he is concerned that the
Council does not know where they stand in matters with
regard to the Tax Board of Equalization.
Mr. Lanham explained that if Council wishes to take
action on this item after September 10, 1978, it would be
effective January 1, 1979. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Wilbanks, Caffey, and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2521
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
EXEMPTING THE RESIDENTIAL USE OF GAS AND ELECTRICITY FROM
THE ONE PERCENT (1 %) CITY SALES TAX.
Reconsider the Adoption of the Hotel /Motel Occupancv Tax
Councilman Johnson had requested that the item to
reconsider the adoption of the hotel /motel occupancy tax be
placed on the agenda. Councilman Johnson apologized to
Council for acting on the hotel /motel occupancy tax without
80824 -8
Minutes of the Regular Meeting - August 24, 1978
sufficient knowledge.. He explained that there had been no
meeting of any of the cultural or civic groups to let Council
know what their priorities are or how much money would be
needed. Estimated revenue from the tax is $80,000 to $85,000
if the full 4% were levied. Councilman Johnson further
commented that he cannot see giving anyone carte blanche
spending power. Priorities should be set if Baytown is
going to establish this tax and Council should know where
the money is going and how it is being spent. Councilman
Johnson said he had not realized that the Council could have
established a 2% tax.
Councilman Johnson stated that he had talked to representatives
of seven industrial plants in the surrounding area. One .,
opposed the tax, while six took no stand. Councilman Johnson
stated that he hates to see the City taxing a certain group
of people who come through the City, but he is for anything
to promote the City of Baytown.
Councilman Johnson moved to rescind the hotel /motel
occupancy tax until Council obtains the necessary information
from the various cultural and civic groups; Councilman
Kloesel seconded the motion.
Councilman Johnson remarked that after Council receives
this information, Council can decide whether the tax is
needed or whether the money can be allocated from the budget
or revenue sharing.
Councilwoman Wilbanks commented that she agrees with
many of the things brought forth by Councilman Johnson, but
in her own mind, the question is what should the steps in
this decision making process be? Council could decide to go
with the concept, then appoint a board of citizens to look
at uses in our community and perhaps act as an appeal board
for the various groups interested in receiving an allocation.
Mayor Hutto recognized Jean Shepherd, President of the
Bay Area Heritage Society. She explained that she originally
appeared before Council some time ago and suggested that
Baytown look into the possibility of a hotel /motel tax to
benefit the City. At no time were any of the groups asking
for a carte blanche check. Mrs. Shepherd explained that the
City Council has the right to enter into a contract with any
group it so desires in order to promote the City of Baytown,
and the entire 4% can be used for the promotion of Baytown.
It does not have to be allocated to any cultural or historical
group. Twenty -five percent of the revenue from this tax
must be spent for the promotion of Baytown. However, the
revenue could be spent to help cultural and historical
activities without asking support from taxpayers. Mrs.
Shepherd emphasized the tax was never intended to benefit
just one group; however, before the groups can plan their
budgets they must know funds will be available.
Mrs. Shepherd explained that as far as she knows, the
cultural groups in this city are the Community Chorus,
Baytown Symphony Orchestra, Baytown Little Theatre, and the
Bay Area Heritage Society. There is a possibility of one
other group according to how this group is chartered. She
felt that none of these groups would take advantage of the
money because the people who compose these various groups
are people of integrity.
Mayor Hutto recognized David Corder, founder and conductor
of the Baytown Symphony Orchestra, who told Council the
orchestra can afford only three concerts a year at a total
cost of $8,000. He described fund - raising difficulties and
80824 -9
Minutes of the Regular Meeting - August 24, 1978
said the orchestra would like to present more concerts if it
could get more money. Corder agreed with Councilman Johnson
that the various fine arts groups should get together to
discuss their needs. Mr. Corder explained that the groups
make their money by donations and advertising in the programs.
Mr. Corder felt that if money was allocated for the promotion
of the fine arts, this would make Baytown a better place in
which to live and would make Baytown something greater than
a work motive which it already is. Mr. Corder further
stated that he will give the fine arts the support that is
needed.
Councilman Johnson commented that he is in favor of promoting
the various fine arts in Baytown and perhaps revenue sharing
or budget funds could be allocated for this purpose instead
of the hotel /motel tax.
Councilman Kloesel
community should support
City. He felt that this
that get involved in the
tax would hit the people
comprise the majority of
bring the total tax levy
tax levied by the state.
felt that the private sector in the
these activities rather than the
is a problem area in large cities
promotion of the arts. The hotel /motel
who come to work in Baytown and
motel occupants. The 4% tax would
to 7% because of the existing 3%
Mayor Hutto said that the cultural organizations are
worthwhile but he could not support a tax for which citizens
would have no opportunity to vote. He further stated that
he would be happy to assist through revenue sharing and even
the budget if possible but that he is unable to support the
tax.
Councilman Lander pointed out that these groups have
been before Council before to request funds, and the Council
has turned them down. Therefore, the groups have given up
coming before Council to request funds. He stated that he
voted against this tax because he felt the City should not
tax guests for something the citizens of Baytown are going
to enjoy. He added he would consider requests for the fine
arts, but priorities must be set in the budget.
Mr. Corder said that he believed in the concept of the
tax in which money is earmarked for cultural activites.
Because the City has other needs, Corder felt that the tax
is perhaps the only way in which the arts can thrive.
Mayor Hutto recognized Dolly McAlpin, President of the
Baytown Little Theatre, who said that there are people who
come through Baytown wanting to attend plays. Inflation and
building repairs are causing financial difficulties. The
theatre would someday like to build a new theatre which
would cost in excess of $100,000. Mrs. McAlpin explained
that her group does not ask for money from any source other
than the sale of ads in their programs. She commented that
it is coming to a point where the group is going to have to
seek help from some other source. Mrs. McAlpin commented
that the groups will be glad to get together and meet with
Council about their needs.
Mayor Hutto recognized Mrs. Blanche Weiler who also
spoke in favor of the tax, pointing out it will not only
help the City but will offer something for visitors.
Mrs. Shepherd asked that Council leave the hotel /motel
tax as it is now without rescinding it. Allow the groups to
meet and discuss their budgets, then reappear before the
Council.
80824 -10
).4i,nutes of the Regular Meeting - August 24, 1978
Mayor Hutto recognized Perry Simmons, former motel
operator and now a private citizen, who said he had no
argument with the cultural activities, but questioned the
vehicle by which these activities should be supported. Mr.
Simmons explained that it had been his experience that
hotels and motels contribute to the City just as libraries,
schools, hospitals and cultural organizations. Someone had
mentioned that the tax would be a selective tax but Mr.
Simmons commented that he felt it is a discrimatory tax.
The name of the game is occupancy in the motel and hotel
business. An occupancy tax is definitely a deterrant to
occupancy. Mr. Simmons concluded that the hotel /motel tax
is a bad tax for motels and hotels and for the economy of
the town. Mr. Simmons commented that if this tax is passed
it might put powder on the cultural face of Baytown but it
will cut off Baytown's economic toenails.
Councilwoman Caffey commented that Nassau Bay, Clear
Lake City and Webster, Texas have a hotel /motel tax.
Councilwoman Wilbanks commented that in fairness to the
groups, there is a practical aspect. The groups have heard
from three or four Council members who have said to come
before Council, there will be money available in the budget
or revenue sharing. Council has just had this room full of
people indicating that the frills must be cut from the
proposed budget. Councilwoman Wilbanks feared the Council
was creating a false feeling by indicating to these groups
that money would be available when in reality she felt that
this is not the case.
Councilman Lander concurred and stated that Council
would have a difficult time allocating funds for cultural
activities when there are potholes and sewer leaks that need
attention. Councilman Lander further commented that if
Baytown wants cultural activities, the citizens should pay
for these and not the guests of the City.
Councilman Cannon stated that he supports keeping the
tax but would like to have the tax lowered to 2% to see what
can be accomplished with these funds. He emphasized that he
supports these groups but would have a hard time rationalizing
an allocation from the budget or revenue sharing for their
promotion.
Mayor Hutto recognized Michael Elder, who asked Council
not to support the tax because it would be faulty thinking
to consider that every citizen would take advantage of these
cultural activities.
Councilwoman Wilbanks pointed out that everybody has an
idea of what is important; therefore, she would support the
tax for those citizens who are interested in the cultural
advancement of the City. The vote follows:
Ayes: Council members Lander, Johnson, and Kloesel
Mayor Hutto
Nays: Council members Wilbanks, Caffey and Cannon
ORDINANCE NO. 2522
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
REPEALING THE TAX LEVY UPON THE COST OF OCCUPANCY OF ANY
SLEEPING ROOM FURNISHED BY ANY HOTEL.
Mrs. Shepherd commented that Councilman Johnson wanted
to rescind the hotel /motel tax for such time until the
different cultural groups can compose their budgets and meet
with Council. She inquired whether the various groups
80824 -11
Minutes of the Regular Meeting - August 24, 1978
should bring their budgets to Council so that the hotel /motel
tax may be reconsidered.
Councilwoman Wilbanks asked Councilman Johnson if he
felt the Council should be the force to initiate the getting
together of these groups. Councilman Johnson replied that
he did not think so. Councilwoman Wilbanks clarified that
she was thinking in terms of other boards that act in an
advisory capacity to Council.
Councilwoman Wilbanks suggested that Council appoint a
group of citizens to work as a research committee. Councilman
Kloesel commented that the Council would not need such a
committee since the people who spoke tonight were very
impressive in their presentations. Councilman Cannon said
that the City has citizens' boards for the library and parks
and recreation department, and he would support a cultural
advisory board.
Councilwoman Wilbanks inquired if it would be legal for
her to make a motion asking for the Council to work with a
configuration of a council of the arts that would be directly
related to hotel /motel tax reconsideration in the future.
Mr. Bounds explained that she could ask the Council to
appoint a committee to deal directly with this.
Councilwoman Wilbanks moved that the City Council
appoint such a council of citizens to look into the issue of
fine arts and the promotion of the City that would be directly
related to this hotel /motel tax should it come before Council
in the future; Councilwoman Caffey seconded the motion.
Councilman Kloesel stated that he will oppose the
motion because the intent was for Council to consider this
aaain when these groups brought forth some figures to Council.
In a sense, Council may be reconsidering a negative vote.
Councilwoman Wilbanks commented that to clarify her
motion, she would like the members of Council to appoint a
committee whose responsibility would be to bring together
interested parties with budget data to be presented to
Council to justify any expenditure that might be requested.
The vote follows:
Ayes: Council members Johnson, Wilbanks, Caffey
and Cannon
Nays: Councilman Kloesel
Mayor Hutto
Mayor Hutto called a ten minute recess.
Consider the Selective Traffic Enforcement Program
Councilman Kloesel explained that Council had a request
from a citizen, Michael Elder, to reconsider the STEP Program.
Councilman Kloesel moved that the STEP Program, a federally
funded overtime program, be rescinded by the City Council;
Councilman Johnson seconded the motion.
Councilman Kloesel commented that the STEP Program has
created an additional tax both mentally and financially on
citizens. Tickets cause citizens to pay for legal fees,
lose time from their jobs, and pay more for insurance.
Mayor Hutto recognized Michael Elder, who spoke against
the program. Mr. Elder commented that the program is a
miserable failure and it is taking citizens' money as well
as increasing citizens' insurance premiums. He felt that
speed is not the main factor in traffic accidents; the main
factor is lack of attention. One problem of the program is
over - enforcement in some areas and under - enforcement in
other areas. He did not feel that a traffic ticket could
be compared with the importance of a theft in a business or
a residential area. STEP is driving a wedge between the
80824 -12
Minutes of the Regular Meeting - August 24, 1978
police officers and the people. These officers have worked
long and hard for their image and deserve this good image
and they do not deserve to have it tarnished by a federal
program.
Mr. Elder objected to the City receiving federal funds
for STEP and suggested the City allocate funds to pay officers
overtime to work the areas of greatest need. Mr. Elder
called STEP a moneymaker and remarked that the disadvantages
of the program far outweigh the advantages. He said that if
someone does not stop taking federal funds, taxes will be
higher still by next year. He would like for Baytown to
receive publicity on the good side by going on record as
saying no to this federal program.
Mayor Hutto recognized Mervin Rosenbaum, who defended
the STEP Program by saying that the statistics have shown a
reduction in accidents while the City population has increased.
Data shows that the average speeder is travelling 15 MPH
over the legal speed limit, and if ticketing these offenders
is harrassment, then everyone needs to be harrassed. Mr.
Rosenbaum commented that one way to avoid all this expense
is to obey the law. The STEP Program provides a means of
making Baytown a safer city.
Mr. Rosenbaum further explained that STEP provides
funds to keep police on the job longer, and by virtue of
having more officers on duty, they can respond rapidly to
other calls. Congress has decided that traffic safety needs
additional emphasis. Mr. Rosenbaum asked that Baytown use
its share of these funds to continue to provide a high
quality of life in Baytown by making it an even safer place
to live.
Councilman Lander remarked that he had been contacted
by several people in support of the STEP Program, and for
that reason he will continue to support the program. Councilwomen
Wilbanks and Caffey stated that this is the response that
they have had also.
Councilman Kloesel commented that he gets calls mostly
from people expressing opposition to the program. He felt
that the statistics do not prove the program is reducing
accidents; some months the accident rates are almost identical.
Mayor Hutto said he favors traffic safety but wanted
the City and not the federal government to control the
program. The vote follows:
Ayes: Council members Johnson and Kloesel
Mayor Hutto
Nays: Council members Lander, Wilbanks, Caffey,
and Cannon
Ordinance - Amending the Subdivision Ordinance to Permit
the Use of Galvanized Pipe for Storm Sewers
Council has received a copy of the proposed ordinance
which would give subdividers the choice of either using
concrete pipe or using corrugated galvanized metal pipe.
The City has used this type pipe from time to time and found
it to be satisfactory. The Administration felt that subdividers
ought to be given the opportunity to use galvanized pipe so
long as required standards are met. The ordinance as proposed
gives the City Engineer the authority to establish standards,
and it is his plan to use the State Department of Highways
and Public Transportation's specifications. If Council
would like this stated in the ordinance, the proper wording
can be added.
80824 -13
Minutes of the Regular Meeting - August 24, 1978
Mayor Hutto recognized Mr. Joe Spiller, representative
of the Texas Concrete Pipe Association, who asked for an
opportunity to address the Council. Mr. Spiller commented
that the reason he requested to address the Council was to
discuss the design of storm sewer outlets, outfall, etc.,
and the wording of the ordinance. Mr. Spiller commented
that his association would like to feel that in the writing
of this ordinance, that there would be more room for fair
competition. He felt that the design of the project should
be taken into account rather than just setting out a particular
class of pipe for each specification. He briefed Council
about the different specifications that can be used for
different designs. The design surface should be considered
in figuring what kind of load the surface would be handling.
Mr. Spiller commented that in metal pipe, there is no gauge
specified. There is no specification for the coating or
galvanizing in the ordinance.
Mr. Spiller stated that the Texas Concrete Pipe Association
is objecting to the fact that the City requires an extreme
class of concrete pipe under excessive heights of backfill
or excessive traffic loads, where any gauge could be used.
He further explained that his association is a,technical-
association and they have a great deal of technical information
and specifications that they would like to make available to
the City Engineer in order to determine the criteria for the
use of proper pipe. Mr. Spiller asked that the Council
defeat the proposed ordinance as it now stands and give the
association the opportunity to furnish current data to the
City Engineer and be allowed to help write up -to -date specifications.
In response to a question from Council, Mr. Lanham
explained that the old ordinance adopted several years ago
provides that if wherein the opinion of the City Engineer
added strength of pipe is needed for traffic loads over
minimum cover or for excessive height of backfill, concrete
pipe should be ASTMC -14 extra strength or ASTMC -76, class 4
or 5.
Mayor Hutto commented that this ordinance was written in
an ambiguous manner leaving a question concerning gauge
specifications. Also, the Mayor questioned how the asphalt
coating on the pipe would be assured. Mr. Lanham replied
that this is something an inspector would be responsible
for. Mayor Hutto commented that he could see nothing wrong
with obtaining specifications on this.
In response to a question from Councilman Lander, Mr.
Lanham explained that there is a publiciation, State Highway
Plans and Specifications:, which Mr. Dykes indicated he would
use as a standard. The Administration had no objection to•
revising the ordinance to specifically state that this
publication will be the standard.
Mayor Hutto commented that he would like to see this
and would like to see some of the ideas that Mr. Spiller
brought forth considered.
Mr. Lanham explained that the reason for this item
being placed on the agenda is that a developer is interested
in the use of this pipe. This developer has questioned the
fact that the City is using this pipe when developers are
prohibited from doing so. Mr. Lanham explained that the
City has used this type pipe in work in the Roseland Oaks
area, a portion of Park Street and in the Glen Arbor area.
Councilman Johnson inquired if the City used the highway
specifications in this work. Mr. Dykes explained that the
City used the highway specifications and there is one specification
that deals with corrugated galvanized metal pipe and the
gauge is specified.
auaG4 -1q
Minutes of the Regular Meeting - August 24, 1978
lir. Spiller commented that the City might check with
District 12 of the Highway Department which only allows
metal pipe under the road when said pipe is encased in
concrete pipe.
Councilman Kloesel commented that since most of the
specifications are written statewide with each area having
different problems, the City's attention should be directed
toward this area where there is a lot more corrosion.
Councilman Kloesel stated that he would like to see some
specifications identified in the ordinance and asked that
Council delay action on this item until those are included
in the ordinance.
Councilman Kloesel moved that Council delay action on
this item until the specifications can be included in the
ordinance; Councilman Johnson seconded the motion.
Councilwoman Wilbanks commented that she would like to
delay action on this, but would like it to be left open for
various alternatives to be considered before bringing the
item back before the Council.
Councilman Kloesel commented that he is interested in
including the specifications that the City's Engineering
Department is recommending, but those specifications need to
be coordinated with the local District Engineer of the
Highway Department.
Mayor Hutto recognized Mack Holland, a developer who
commented that the City has used this type pipe in Chapparal
Village, Quail Hollow, and along Park Street. Mr. Holland
explained that he ordered the corrugated metal pipe to find
that it was not included in the subdivision ordinance. Mr.
Holland explained that he is in dire need of proceeding with
development, and this metal type is considerably cheaper
than the concrete pipe. Mr. Holland felt that if the City
could use the corrugated metal pipe, subdividers should also
be allowed to use this type pipe. He pointed out that none
of this will be under a street because it will all be in the
easements.
Councilman Johnson said that in view of Mr. Holland's
remarks, he would withdraw his second to the motion. -
Mr. Lanham said that changes could be made in the
ordinance to refer to the highway specifications.
Councilwoman Wilbanks suggested a special meeting be
considered since time is of the essence.
Council scheduled a special meeting to be held on
August 31, 1978, at 5:30 p.m.
*Councilman Cannon left the meeting at this point.
Ordinance - Appropriating Revenue Sharing Funds for the
Retired Senior Volunteer Program (RSVP)
Funding for this appropriation would be available from
the unappropriated surplus in the revenue sharing account.
Mr. Jimmie Day, a member of the Board of the RSVP Program
requested that Council appropriate $3,600 in revenue sharing
funds to enable RSVP to continue its activities. Of this
total, $1,600 would be used to complete the 1977 -78 fiscal
year. The RSVP Program has 120 active volunteers and
utilize approximately 100 volunteers per month in various
locations. The Administration recommended approval of the
ordinance.
80824 -15
Minutes of the Regular Meeting - August 24, 1978
Joan Baird, representative of the East Harris County
Retired Senior Volunteer Program, responded to the question
concerning mail -outs that approximately 2,000 mail -outs are
dispensed monthly. Ms. Baird explained that the cost for
the printing of the newsletter is contributed by the sponsoring
agencies. The postage money comes from the City and contributions
from the Houston office because the newsletter goes to the
entire county. An estimate on the total print out for each
month is approximately $100.
J. B. LeFevre, Director of Finance, clarified that
prior allocations of revenue sharing funds are closed out
periodically. Therefore, a new allocation must be appropriated
from the unappropriated surplus account.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Lander seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Wilbanks, and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2523
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH THE RETIRED
SENIOR VOLUNTEER PROGRAM FOR THE REGISTRATION, RECRUITMENT, AND
COORDINANTION OF THE SENIOR VOLUNTEER COMMUNITY SERVICE; AND
APPROPRIATING THREE THOUSAND SIX HUNDRED AND N01100 ($3,600.00)
DOLLARS FROM REVENUE SHARING FUNDS WITH REGARD TO SUCH AGREEMENT.
Ordinance - Changing the name of Summerset Drive in Whispering
Pines to September Drive
When Whispering Pines, Section 4 was platted, one of
the streets was named Summerset Drive. There is a street in
the Country Club Oaks Subdivision which is also named Sommerset
Drive, although the spelling is slightly different. The
Administration recommended approval of the ordinance.
Councilwoman Caffey moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Wilbanks, and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2524
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF BAYTOWN
CHANGING THE NAME OF SUMMERSET DRIVE TO SEPTEMBER DRIVE.
Ordinance - Awarding the Bid for Reconditioning of the
East James Street Water Tower
Three bids were recieved for the painting and reconditioning
of the East James Street water tower. The bid tabulation
follows:
BLUE RIBBON WATER TANK SERV. DEAN JONES
Sandblasting and painting of elevated
water storage tank:
$41,576.00 $19,898.00 $25,000.00
0U0zq —ltd
Minutes of the Regular Meeting - August 24, 1978
Water Tank Service Company submitted the low bid in the
amount of $19,898.00. Budget estimate for this work was
$30,000. The Administration recommended approval of the
ordinance.
Councilman Johnson moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion.
Councilman Kloesel inquired as to the location of the
company. Gary Anderson, Assistant Director of Public Works,
explained that this company is located in Pasadena. Mr.
Anderson further explained that this company has done a
great deal of work in this area and for other municipalities.
The owner of the Water Tank Service Company commented that
his company does approximately 75010 of this type work done
within a 200 mile radius of Houston. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Wilbanks, and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 2525
AN ORDINANCE AWARDING THE CONTRACT FOR RECONDITIONING OF THE
EAST JAMES STREET•WATER•TOWER'TO WATER TANK SERVICE COMPANY
FOR THE SUM OF NINETEEN THOUSAND EIGHT HUNDRED NINETY -EIGHT
AND N01100 ($19,898.00) DOLLARS.
Ordinance - Awarding the Bid for the Purchase of an Air
Compressor for the Police Department Garage
Eight bids were received for an air compressor for the
Police Department Garage. The bid tabulation follows:
WILSON'S COMPRESSOR
m/m Speedaire No. 7Z 505
$1,595.59
AIR SPRAY EQPT.
m/m Ingersol -Rand 10E3
$2,570.00
MARARD SALES CO.
m/m not given
$2,629.00*
AIR POWER SERV.
m/m Ingersol -Rand 10E3
$2,504.00
*does not include installation.
MCKENZIE EQPT.
m/m LeRoe A- 64512 -H
$3,050.00
WELDERS SUPPLY
m/m Emglo U10A or B120
$2,626.00
VASCO EQPT.
Champion HR12 -12
$2,452.00
COMPRESSED AIR SERV.
Curtis CV -9711A
$3,144.00
Wilson's Compressor Service submitted the low bid in the
amount of $1,595.59. The estimated cost of this equipment
was $2,000. The Administration recommended approval of the
ordinance.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Wilbanks, and Caffey
Mayor Hutto
Nays; None
budz4 -1
Minutes of the Regular Meeting - August 24, 1978
ORDINANCE NO. 2526
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
ACCEPTING THE BID OF WILSON'S COMPRESSOR SERVICE FOR THE
PURCHASE OF ONE AIR COMPRESSOR AND AUTHORIZING THE PAYMENT
BY THE CITY OF THE SUM OF ONE THOUSAND FIVE HUNDRED NINETY -
FIVE AND 59/100 ($1,595.59) DOLLARS.
Ordinance - Amending the Mobile Home Ordinance
At its August 18, 1978 meeting, the Mobile Home Review
Board recommended approval of the following changes to the
mobile home ordinance:
1) The Board approved changing the definition of a
mobile home park from one which included 2 or more
mobile homes to one that would include 5 or more
mobile homes.
2) The Board recommended approval of a change in the
definition of an occupied mobile home so that a
mobile home will be considered occupied if it is
connected to 2 or more utilities.
3) The Board recommended approval of a provision
which would delete the annual requirement for
individual parking permits.
4) The Board approved a recommendation that mobile
home parks built outside the City and subsequently
annexed shall have 6 months to comply with the
provisions of the mobile home ordinance. If a
variance is obtained, this may be extended one
year.
5) The Board approved a recommendation that no mobile
home located outside of a mobile home park shall
be parked in a flood hazard area.
6) The Board recommended approval or an increase in
the mobile home park operators license fees.
These fees were originally established in 1968.
The increase proposed will double the fees. The
annual license for a mobile home park with under
16 units goes from $10 to $20, and the fees escalate
to a maximum of $60 for a park containing 80 or
more units.
Councilman Johnson inquired if this meant so many
dollars for each unit or for the total units in the park.
Mr. Lanham explained that it meant so many dollars for the
entire park.
Mr. Lanham explained that one of the major changes is
that the City will no longer require the annual permit fee
( and inspection. This will free an employee of the Inspection
Department for work in other areas, such as removal of junk
cars.
Councilman Kloesel commented that he is opposed to
removing the annual inspection of the mobile home parks.
Mr. Lanham explained that the City would require an
inspection when the mobile homes are initially placed, but
the yearly inspections are no longer justifiable.
Jack Cramer, Chief Building Inspector, remarked that
when a mobile home owner changes locations the trailer will
have to be reinspected.
80824 -18
Minutes of the Regular Meeting - August 24, 1978
Councilman Kloesel commented that he still felt that it
is important to continue the annual inspection of mobile
homes. He further stated that another area that concerns
him is the change in the ordinance that deals with the
number of homes placed in a park. In response to a question
from Councilman Kloesel, Mr. Bounds replied that there will
still be an area requirement. The mobile home park must
meet the requirement of 4,000 square feet per mobile home.
Mr. Bounds explained that for each mobile home that is
placed on a tract of land, the same requirements must be
met. The proposed ordinance does not change the density
requirements; it follows the same guidelines.
Councilman Lander moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Wilbanks
and Caffey
Mayor Hutto
Nays: Councilman Kloesel
ORDINANCE NO. 2527
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, REPEALING CHAPTER 17A, "MOBILE HOME PARKS" AS PRESENTLY
CONSTITUTED AND SUBSTITUTING IN ITS PLACE A NEW CHAPTER 17j,
"MOBILE HOMES," REGULATING MOBILE HOMES IN THE CITY OF
BAYTOWN; CREATING A MOBILE HOME BOARD AND DESIGNATING ITS
POWERS AND RESPONSIBILITIES; REQUIRING CONSTRUCTION PERMITS
FOR MOBILE HOME PARKS; REQUIRING MOBILE HOME PARK OPERATOR
LICENSES, AND PROVIDING FOR ENFORCEMENT; PROVIDING MINIMUM
STANDARDS FOR MOBILE HOME PARKS; REGULATING MOBILE HOMES
OUTSIDE MOBILE HOME PARKS; PRESCRIBING PENALTIES FOR THE
VIOLATION OF ITS PROVISIONS; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
Ordinance - Authorizing the Extension of Garth Road Sanitary
Sewer Line
Council received a copy of a letter from D. E. Roberson
of Gray Enterprises. In his letter, Mr. Roberson indicates
that the Baytown Development Limited is developing the property
at the southeast corner of the Park Street and Garth Road inter-
section. He requests that the City extend sanitary sewer service
100 feet south of the Park Street sanitary sewer line and he
proposed that his firm will extend that line to serve the property
which would be developed. Mr. Roberson included bid proposals
for the cost of both an 8 -inch line and a 10 -inch line. Under
the terms of the City's sewer extension policy it is possible
for the City to pay the cost of oversizing a line to serve
future development. The difference in cost between this 8 -inch
line and 10 -inch line would be $1,834.30 using the bids that
Mr. Roberson provided. The City, however, does not have a policy
of installing the first 100 feet of sanitary sewer line and
therefore, it would be necessary for Gray Enterprises to actually
bear the cost of the first 100 feet. The Administration recommended
that the City authorize the extension of the Garth Road sanitary
sewer line with the City paying the additional cost over and above
the cost necessary to install the 8 -inch line. This is consistent
with past practices.
Councilman Kloesel stated that he would like to approve the
extension but felt that the City should receive more bids than
those provided.
80824 -19
Minutes of the Regular Meeting - August 24, 1978
Mr. Lanham explained that the ordinance does not require that
the developer take bids. The ordinance provides that the City Coun-
cil negotiates a reimbursement contract with the builder and in the
past the Administration has asked the developers to obtain bids to
establish a figure as a basis for negotiation.
In response to a question asked by Mr. Lanham, Norman Dykes
commented that he felt this is a reasonable figure for this type
work. The City can always go out for bids but then specifications
would have to be drawn and the advertisment process would have to
be followed.
Councilman Lander moved for approval of the request; Councilman
Kloesel seconded the motion.
Mayor Hutto commented that he is concerned that the City is
asking a taxpayer and a property owner to pay for a utility that is
to be brought to his property line.
Councilwoman Wilbanks commented that the City will pay the
difference in the 8-inch line and the 10 -inch line even within that
100 hundred feet but will not pay the installation.
Mayor Hutto commented that this property happens to be located
where there is not a sewer line in front of the property. The
developers are in a position, if the development is to be continued
of having to pay to bring a city utility to the property. Mayor
Hutto stated that he could understand the City paying the difference
for a larger line but did not understand requiring the owners of the
property to pay for the full 100 feet because the City would desire
all revenue from the line. Mayor Hutto commented that he could see
this if the property were outside the city limits and the City would
be bringing in a new subdivision but this area is developed except
for that small portion.
Councilman Lander said that he felt the City's policy is
consistent.
Mayor Hutto recognized Mr. D. E. Roberson, who commented that
he and a group have owned this property since 1972. This group is
soliciting permission to extend utilities to the development. The
Administration recommended approval of the ordinance.
Council concurred that
be looked at in the future.
Ayes: Council members
and Caffey
Mayor Hutto
Nays: None
this policy is something
The vote follows:
Lander, Johnson, Kloesel,
ORDINANCE NO. 2528
that needs to
Wilbanks
AN ORDINANCE AUTHORIZING THE PAYMENT OF ONE THOUSAND
EIGHT HUNDRED THIRTY -FOUR AND 30/100 ($1,834.00) DOLLARS
TO BAYTOWN DEVELOPMENT LTD. FOR A PORTION OF THE COSTS
OF A SANITARY SEWER LINE ON GARTH ROAD.
Resolution No. 637 - Authorizing the City Manager to Apply for a
Criminal Justice Grant to Continue the Harris County Organized
Crime Control Unit
The City of Baytown is the administrative sponsor of this unit.
The unit is comprised of law enforcement officers from Harris County,
Houston, Pasadena, Baytown, and other municipalities within Harris
County. The application would be for the amount of $125,525. This
6U5Z4 -6U
Minutes of the Regular Meeting - August 24, 1978
is identical with last year's application. The City of Baytown
presently has 2 officers assigned to this unit. These funds would
be used to continue employing 3 clerical people and provide the
unit with operating funds. The City is reimbursed for vehicle
mileage under this grant. The Administration recommended approval
of the resolution.
Councilwoman Caffey moved for adoption of the resolution;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel, Wilbanks
and Caffey
Mayor Hutto
Nays: None
RESOLUTION NO. 637
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY
OF BAYTOWN TO MAKE APPLICATION TO THE TEXAS CRIMINAL
JUSTICE COUNCIL FOR THE CONTINUED OPERATION OF THE
HARRIS COUNTY ORGANIZED CRIME CONTROL UNIT AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Resolution No. 638 - Approving Plans and Specifications for the
Ashleyville Street Assessment Project and Directing the City
Clerk to Advertise for Bids
At the last meeting, the Council took no action on the
proposed Ashleyville Street Assessment Project. At that time,
there was some concern about the willingness of the property
owners to participate in this project. Mr. Lanham explained
that there had been some changes in ownership. Mr. Starett
had owned the property on the corner of Ashleyville Street and
North Main which was sold. Mr. Starett took the petition to the
gentleman who purchased the property and he signed it. Also,
one of the other property owners that had not signed previously,
signed the petition this time. At the present time, there are
more signers than on the original petition. The petition meets the
65% requirement of the policy. The Administration recommended
approval of the resolution.
Councilman Kloesel moved for adoption of the resolution;
Councilman Johnson seconded the motion. .
Councilman Lander inquired as to what is the possible use
of that undeveloped land to the east. Mr. Starett explained
that the land can always be developed. Councilman Lander expressed
concern about spending the money to pave a short street that dead
ends, but commented that he assumed one day this street will be
extended. Mr. Starett explained that at the present time, the
street is not being used for any other purposes except for ingress
and egress to the residences. Mayor Hutto commented that those
people are due a good street and supposed that it would cost the
City a sizeable sum to blacktop that street. Mr. Starett explained
that the residents of that neighborhood had been trying to get the
street paved for a long time, and would be grateful to have a paved
street.
Councilman Lander commented that if the land to the east is
developed sometime in the near future, Ashleyville Street is the
only way to have access to that property. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel, Wilbanks
and Caffey
Mayor Hutto
Nays: None
RESOLUTION NO. 638
A RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR
THE ASHLEYVILLE STREET ASSESSMENT PROJECT AND DIRECTING
THE CITY CLERK TO ADVERTISE FOR BIDS.
80824 -21
Minutes of the Regular Meeting - August 24, 1978
Resolution No. 639 - Granting Consent to the Formation of the Meadow
Lake Municipal Utility District
The proposed resolution grants City permission for the formation
of the Meadow Lake Municipal Utility District. Meadow Lake Village
will be developed as a partnership of John Burly Company and South
Gulf Management Company. Mr. Johnny Busch introduced the owners
of this property. Mr. John Burley is a skilled developer and the
South Gulf Management Company is a subsidiary with Entex Company.
This district will be located at the northeast corner of the inter-
section of Interstate 10 and John Martin Road. It will be developed
by the South Gulf Management Company. Mr. Busch commented that the
plans for Meadow Lake Village were reviewed by the Planning Commission
at their last meeting. The proposed development will include 238.26
acres and be developed into 880 single family residential lots plus
some multi - family unit development. One of the main features of
Meadow Lake Village is about a 12 acre lake that will be developed
for recreational purposes such as boating and fishing. There will
be some park area adjacent to the lake for recreational use for the
owners of the property. It is necessary to receive the consent of
the City of Baytown in order to petition the Water Rights Board for
the formation of a municipal utility district and also certain other
legal procedures must be followed. The petition and the legal documents
have been prepared and delivered to the City Administrators. Mr.
Busch further commented that the City of Baytown's subdivision
ordinance will be adhered to totally and completely in the develop-
ment of the subdivision. The City of Baytown will have the privileges
and rights to examine the plans and approve all the development of
plans as they are prepared.
In response to a question from Councilman Johnson, Mr. Busch
explained that a municipal utility district is a governmental entity
and in order for it to be established, an election must be held. Mr.
Busch commented that hopefully the election will pass and authorize
the formation of the municipal utility district. The Water Rights
Commission in Austin supervises very closely the formation and operation
of these districts. Utility districts have the privilege of selling
bonds to finance construction of improvements. These bonds are sold
and supervised by the Water Rights Commission and the enabling consent
also sets certain stipulation and requirements, qualifications for the
bonds so that they can be sold. Specifically, the bonds can be used
for the portion of costs in installing the water and sewer lines,
drainage lines, sewage treatment plant, and water production facilities.
Councilman Johnson inquired as to the planned source of water for
the district. Mr. Busch commented that at this time, the only source
of water available would be a water well which would have to be
permitted by the Subsidence District. The only method of disposing
of the sewage is to obtain a sewage discharge permit to build and
operate a sewage treatment plant.
Mr. Lanham explained that one of the requirements on the bonds
is that the district reserves the right to redeem the bonds at the
end of 15 years. One reason for this is that if the City should
annex the area, the City may want to refund the bonds. The sub-
division must meet the requirements of the City's subdivision ordinance
and the plans for the subdivision must be submitted to the City for
inspection.
Mr. Lanham explained that the Administration had received a
copy of the public hearing notice today on Meadow Lake's application
for a sewage treatment plant which would discharge effluent into a
proposed Barris County Flood Control Ditch and then to Goose Creek
and then Tabbs Bay. That hearing is scheduled for October 12, 1978.
The Administration recommended approval of the resolution.
Councilman Johnson moved for adoption of the resolution; Council-
man Kloesel seconded the motion.
80824 -22
Minutes of the Regular Meeting - August 24, 1978
Mr. Lanham explained in response to a question from Council-
man Lander that the developers have the right to either obtain
approval from the City or ask the City to annex this area and
provide services. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel, Wilbanks
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 639
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, GRANTING CONSENT AS PROVIDED BY TEXAS REVISED
CIVIL STATUTES ARTICLE 970a, TO THE FORMATION OF A
MUNICIPAL UTILITY DISTRICT UNDER THE AUTHORITY OF
SECTION 54.016, TEXAS WATER CODE, TO BE KNOWN AS MEADOW
LAKE MUNICIPAL UTILITY DISTRICT, AND EMBRACING WITHIN
ITS BOUNDARIES 238.264 ACRES, MORE OR LESS, IN HARRIS
COUNTY, TEXAS, SAID AREA BEING HEREIN MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" ATTACHED
HERETO, UPON THE CONDITIONS AND PROVISIONS HEREIN
STATED.
Consider Adopting Revised Plans and Specifications for Baytown
Area Water Authority Treatment Plant
As a result of the special meeting held on August 15, 1978, the
City Council withdrew it's approval of the plans and specifications
for the proposed Baytown Area Water Authority treatment plant and
instructed the BAWA Board to review the proposed wage schedule for
construction of this plant. On August 21, 1978, the BAWA Board held
a special meeting, reviewed the wage schedule, and recommended the
inclusion of the heavy construction schedule which had been requested
by the Houston Gulf Coast Building and Construction Trades Council.
The BAWA Board also recommended that the construction time for this
project be extended from 550 calendar days to 650 calendar days.
The Plant would be built using the heavy construction schedule and
work outside of the plant such as the parking area, etc. where the
different type of skills would be required, the highway scale would
be used.
In talking with bidders, several of the bidders felt that they
could give a better bid if they had more time. This would move the
completion day to August, 1980 instead of April, 1980.
Councilman Kloesel commented that what the Building Trades
asked was to use the heavy construction schedule for the largest
portion of the project, and then the Building Trade schedule for
the buildings, and inquired if the BAWA Board completely rejected
this. Mr. Lanham explained that the buildings constitute 6% or
less of the total project and explained that it was his understanding
that the very last thing that the representative from the building
trades requested was that the heavy construction schedule be used.
Councilman Lander expressed concern that the cost of this "
project would be greatly increased by this alteration in the
minimum wage scale. He felt that there were reputable contractors
who would be willing to bid with the lower minimum wage scale. Mr.
Lanham explained that one reason the BAWA Board extended the completion
time is that the Board felt that some of that increase could be offset.
After further discussion, Councilman Kloesel moved that the
revised plans and specifications for the Baytown Area Water Authority
Water Treatment Plant be approved; Councilman Johnson seconded the
motion. The vote follows:
Ayes: Council members Johnson, Kloesel, Wilbanks and Caffey
Mayor Hutto
Nays: Councilman Lander
80824 -23
Minutes of the Regular Meeting - August 24, 1978
Consider Report on Downtown Texas Avenue
At the last Council meeting, Mr. Roy Fuller, representative
of the Downtown Texas Avenue Merchants and Property Owners requested
that Council cooperate with that group as follows:
1. Provide stricter enforcement of the 2 -hour parking limits;
Mr. Lanham explained that this had been discussed earlier
by the shifting of duties having to do with junk vehicles
to the Inspection Department, will free Officer Turner
for stricter patrol of Texas Avenue.
2. Provide adequate police patrolling to that area at night,
particularly on weekends. This is being done. The
Administration included money in the proposed budget to
continue this practice as necessary.
3. Provide additional street lights which would serve as
a deterrant to much of the activity. Mr. Lanham explained
that the Administration had asked Houston Lighting and Power
to take a look at this and make recommendations. The
Administration has not received their report.
4. Encourage the City Administration and various service
groups to continue their cooperative attitudes in helping
to resolve the problems on Texas Avenue.
The Administration will continue to work with the merchants and
property owners along Texas Avenue toward the possibility of
additional parking and when the recommendation is received from
Houston Lighting and Power, the Administration will report back
to Council.
Discuss Sewer Service to Cedar Bayou Park Utility District
Mr. Lanham explained that this is a water district across from
Stallworth Stadium. The packet included a letter from W. J.
Murdaugh, Jr. regarding sanitary sewer service to the Cedar Bayou
Park Utility District. The District would like to establish a
sewer system with collection lines and also build a treatment plant.
The effluent from the plant would be discharged into Cedar Bayou.
A number of sewer plants discharge their effluent into Cedar Bayou
and this would not be anything different than present practice.
The Cedar Bayou Park Utility District had worked out a tentative
agreement with the Gulf Coast Waste Disposal Authority to issue
bonds and begin construction on a sanitary sewer system for this
utility district. Some of the members of the Board would like to
make sure that this is not something that the City of Baytown could
do. Mr. Lanham explained that in the future the area may be annexed
to the City and then the City would assume the obligations and the
assets of the district but is not in the position to do so at the
present time. The Administration recommended that the Administration
be given permission to notify Mr. Murdaugh that the City would be
unable to provide the requested sanitary sewer service.
Councilman Johnson inquired if the City will have some juris-
diction over the way the plant will be built and operated. Mr.
Bounds commented that Council passed a resolution similiar to that
considered for Meadow Lake Village that enabled the creation of the
district so that Baytown would have the authority to review the
plans and specifications.
Mr. Lanham explained that this location is approximately two
or three miles from the City's nearest sewer facilities.
80824 -24
Minutes of the Regular Meeting - August 24, 1978
Councilman Johnson moved to accept the recommendation of
the Administration; Councilman Lander seconded the motion. The
vote follows:
Ayes: Council members Lander, Johnson, Kloesel, Wilbanks,
and Caffey
Mayor Hutto
Nays: None
Committee Reports
None.
Unfinished Business
None.
Recess, Reconvene, and Adjourn
Mayor Hutto recessed the opening meeting into executive
session to discuss land acquisition and personnel matters. When
the open meeting reconvened, Mayor Hutto appointed Council members
Lander, Caffey and Johnson to the Audit Committee and asked that
Councilman Lander serve as Chairman of the Committee.
With no further business to be transacted, Councilman Johnson
moved for adjournment; Councilman Lander seconded the motion. The
vote for adjournment was unanimous.
APPROVED:
Eileen Hall, City Clerk
"Ha P,.,Yo ��-(It
Kared Petru, Deputy City Clerk