1978 11 09 CC Minutes81109 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
November 9, 1978
The City Council fo the City of Baytown, Texas, met in
regular session, Thursday, November 9, 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 Councilwoman Wilbanks.
Minutes
Councilman Kloesel
minutes of the regular
ratification of actions
listed on the agenda of
seconded the motion.
Receive Petitions
moved for the approval of the
meeting of October 26, 1978, and
taken concerning each of the matters
said meeting; Councilwoman Wilbanks
The Administration received a petition from approximately
30 persons residing on Oak Street requesting that the City
place speed bumps or something to slow the traffic down on
Oak Street from Riggs to West Main. The Administration
suggested that the petition be referred to the Council's
Traffic Committee.
Councilman Kloesel moved to accept the petition and
refer the petition to the Council's Traffic Committee;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Johnson, Kloesel, Wilbanks,
and Caffey
Mayor Hutto
Nays: None
*Councilman Allen Cannon present.
City Manager's Report
Work Session Regarding Houston Lighting and Power
Company's Request for Rate Increase - At the work session
regarding the H L & P request for rate increase, the Administration
indicated a desire for guidance from Council. The next
meeting is on November 21 rather than November 23. The
Administration should have a decision from the Public Utilities
Commission by that time. Scott Bounds, City Attorney, felt
that a decision should be made by November 19, 1978. If
Council desires, the Administration can prepare an ordinance
in blank form to be considered at the meeting on November 21,
which is one day past the deadline for making a decision.
Conceivably, H L & P could start charging the new rates and
put up a bond for one day.
*Councilman Jody Lander present.
81109 -2
Minutes of the Regular Meeting - November 9, 1978
Councilman Kloesel commented that it might be advisable
for Council to hold a special meeting prior to that date.
Mr. Bounds explained that Houston Lighting and Power had
indicated that the new rates would not be instituted prior
to December 1. Accepting that, Council would not need to
act prior to November 21. The first day that H L & P could
enact rates under bond would be November 20 and since Council's
next meeting is November 21, their rates could only go into
effect for one day before Council would be able to change
them. For those reasons, fir. Bounds did not feel that there
is a great need for Council to take any action before it has
an opportunity to learn what action was taken by the PUC.
Council had no objection to the Administration preparing an
ordinance and placing it on the next agenda.
Department of Housing and Urban Development - The
Administration has received a letter from the Department of
Housing and Urban Development advising the City that Baytown
will become an entitlement recipient of Community Development
Block Grant funds beginning with the year 1979. The preliminary
target figure for 1979 is $613,000 and for 1980 the figure
is $652,000. These amounts can be used in the development
of Baytown's application including information to the public,
citizen participation meetings and selection of activities.
A HUD representative visited Baytown and looked over the
target areas. He informed the Administration that certain
requirements must be met in order for Baytown to participate
in this program. One requirement is that Baytown must have
the application in to HUD by April 30, 1979. There will be
a number of actions that Council must take before that time.
One of the first things that the Administration will do in
preparation is to develop a schedule of when various actions
must be taken. The Administration will be reporting from
time to time to Council.
Mayor Hutto inquired what requirements must be met in
order to secure these funds? Mr. Lanham explained that a
fair housing ordinance is a requirement and an affirmative
action plan is required - -the City already has an affirmative
action plan. HUD is emphasizing that these funds must be
spent in the low income areas on meaningful projects.
Councilman Kloesel requested that the Administration arrange
a work session to brief Council, and asked within what time
frame could this be accomplished. Mr. Lanham responded that
the work session could be held in the next 30 to 45 days.
The process does require a number of public meetings because
this is a program where citizen participation is required.
Pumps in the Brownwood Area - The pumps in the Brownwood
area, which are located along the perimeter road, are being
operated manually due to the unreliability of the electrical
controls. The Administration would like to replace these
with new automatic control switches. The estimated cost is
$2,250. The Administration would like to advertise for bids
and bring this back to Council. Council had no objections.
American Automobile Association - The Administration
has been advised by the AAA that inasmuch as Baytown had no
pedestrians killed during the year 1977, Baytown has been
awarded the Pedestrian Safety Citation.
Senior Citizen Olympics - The Senior Citizens Olympics
were held last Wednesday, Thursday, and Friday with approximately
150 people participating. It was co- sponsored by the Parks
and Recreation Department, Lee College, and Commissioner Jim
Fonteno's office. Mr. Lanham commented that he felt this is
something the City should participate in every year.
Baytown Cultural and Fine Arts Study Committee - Council
appointed a citizens committee during a discussion concerning
the hotel /motel tax for Baytown. That committee had their
organizational meeting today and Bill McNeill was elected
chairman.
81109 -3
Minutes of the Regular Meeting - November 9, 1978
Mayor Hutto commented that he did not recall in the
motion to form this committee that it would have anything to
do with the hotel /motel tax, and felt that this point should
be cleared up.
Councilwoman Wilbanks concurred and stated that she had
conveyed to the committee that this was to be a group to
look at the cultural activities in Baytown which would
function as a forum for communication between these groups
and Council to gain support in their efforts. She further
explained that she did not see it directly tied to the
hotel /motel tax and that she had indicated that at the
meeting.
Mayor Hutto stated that he is for the advancement of
culture but is emphatically committed against any additional
taxes.
Assessment Hearings - At the next Council meeting, a
hearing on benefits for the three assessment paving projects
has been scheduled.
Sliplining - Four hundred and sixty feet of 5 -inch
liner has been pulled from Vermont to Kentucky between
Florida and Mississippi.
Street Improvement - Brown and Root has placed the
limestone on James Bowie Drive and all of the base has been
cement stabilized. Asphalt is expected to be available to
begin surfacing the streets next week. A number of streets
are ready to be asphalted.
Neighborhood Center - The contractor is doing the
inside finish work and the project is approximately 657o
complete.
Jenkins - Hollaway Park - The project is approximately
850c complete. The work remaining to be done is fencing of
ballfields and asphalt surfacing of the trails and the area
around the concession building. This project should be
completed in 2 to 3 weeks.
Harris County Mayors' and Councilmen's Association -
Council has received a copy of the notice of the Harris
County Mayors' and Councilmen's Association meeting. The
Administration will be checking with Council to determine if
Council members will attend.
Questions or Comments Regarding the City Manager's Report
Councilman Kloesel inquired about the status of the
Police radio repair facilities. Norman Dykes, City Engineer,
explained that the contractor has ordered the building.
Councilman Kloesel reiterated what he had said at the last
meeting concerning the Police radio repair facilities, and
added that since the building had been ordered, this presented
an obstacle, but he would like to either place this matter
on the next agenda or take emergency action.
Councilman Johnson stated that he had voted on this matter
without being fully informed. If time permitted, he would be
willing to reconsider the matter, but since the building has
been ordered, he felt this changed the entire situation. Therefore,
he did not wish to pursue the matter further.
Councilman Cannon inquired if the traffic signals on
Highway 146 have been tied into this new system. Bill
Cornelius, Director of Planning and Traffic, responded that
the new controllers have not yet been received. Mr. Lanham
81109 -4
Minutes of the Regular Meeting - November 9, 1978
explained that the contractor is doing all that he possibly
can with the materials that he has received.
Councilman Kloesel commented that he would like an item
placed on the next agenda in regard to the letter submitted
by the Administration to the federal funding agency on the
Selective Traffic Enforcement Program and the evaluation of
the program for the year 1978.
Councilman Kloesel also asked that an item be placed on
the agenda relating to the City Charter. Specifically, what
he is interested in is the cost of publishing a large volume
of City Charters to mail to each taxpayer.
Consider Request of Chisholm Trail Construction Company
to Correct the Bid for the Construction of the Surface
Water Treatment Plant
Robert Gillette, President of the BAWA Board and Peter
Buenz, Secretary to the BAWA Board, were present to present
this item to Council. Mr. Gillette commented that after
the bids on the water treatment plant were opened and published,
but before the contract was signed, the Baytown Area Water
Authority Board received a request from the low bidder,
Chisholm Trail Construction Company, to allow the correction
of the bid in two categories. The first amount was $240,685
and the second amount $89,528. The company submitted some
explanations as to why these mistakes were made and requested
an audience with the Board. The Board met on October 31,
1978, to listen to representatives of Chisholm Trail and
representatives of Richardson Electric Company, the electrical
subcontractor. After hearing the explanation of what caused
the errors, the Board instructed the consulting engineers
and the city attorneys to make an investigation into the
facts surrounding this bidding. The Board needed assurance
that this was a ligitimate mistake and that Chisholm Trail
was entitled to a consideration not only from the BAWA Board
but from City Council. On November 7, 1978, the Board met
again to consider recommendations from the legal staff and
also the results of the investigation made by Rick French, a
member of the engineering firm, and Randy Strong, Assistant
City Attorney. After due consideration, the Board determined
that the bid should be corrected and directed that a contract
be executed consistent with the terms of the corrected bid
upon Council's approval of the correction. Mr. Gillette
reviewed the tabulation of bids for Council. The low bidder,
Chisholm Trail Construction Company, bid an amount of $10,200,000.
The next lowest bid by Blount, International was in the
amount of $11,798,000. The next lowest bid was in the
amount of $11,798,000 and the top bid was in the amount of
$14,750,000. The position that Chisholm Trail took in this
matter is that they asked the Board permission to correct their
bid by $330,000, or withdraw their bid. The Board had
various alternatives to consider. The first alternative was
to grant the contractor's request and correct the contract
to include the additional $330,000; secondly, the Board
could deny the request and attempt to hold the contractor to
the original bid. In that connection, a good faith deposit
was filed with the bid in the amount of $1,000,000. If the
contractor were to refuse to comply with the bid, the Board
has the right to forfeit that $1,000,000. The City Attorney
advised the Board that in the event a lawsuit were filed to
recover the $1,000,000, it would be questionable as to
whether the Board would prevail. In other words, the matter
would be litigated and there is no way to assure a victory.
In any event, it would be litigation which would mean a
considerable delay. In the event that the Board could keep
the $1,000,000, the Board would have the third alternative
of going to the number two bidder who was more than a million
dollars above the low bidder. The fourth alternative was to
81109 -5
Minutes of the Regular Meeting - November 9, 1978
throw all the bids out and start over again. It was the
Board's opinion that Alternative No. 4 would mean that all
the bids would be considerably higher, but the more deterring
fact was that the Board has a contract with the City of
Houston for delivery of water which contract has a penalty
clause of $1,000 per day after a critical date. The Board
felt quite sure that if the bidding procedure were reinstituted,
the Board would run past the critical date and be subjected
to a penalty of $1,000 per day. It was the opinion of the
Board that to expedite this matter in order to save the
taxpayers money in the cost of this construction that the
Board allow Chisholm Trail to correct its bid to include the
additional amounts. The President of the Chisholm Trail
Construction Company, Jim Grier, has assured the Board that
if this correction is approved by the Council, he would be
in a position to sign the contract immediately and start the
construction within 10 days. Mr. Oliphant, the superintendent
of Chisholm Trail, was also present as was Rick French of
Lockwood, Andrews, and Newnam, Inc.
Councilman Johnson inquired about the results of the
Board's investigation. Mr. Gillette responded that as far
as the Board could determine, the amounts are legitimate.
The Board does have affidavits from Chisholm Trail as to
what actually occurred. Naturally, the Board was concerned
about the difference in money.
Councilman Cannon inquired as to what type mistakes
were made. Mr. Gillette explained that the problem with the
larger amount was purely a matter of misunderstanding and
non - communication between the subcontractor, which is the
electrical and instrumentation firm, and the general contractor,
as a result of the hectic atmosphere that exists immediately
before the final bids are turned in. The smaller mistake
was simply a clerical error.
Councilman Kloesel expressed concern for Council to
consider this proposed recommendation of the Board because
he did not accept the conclusion of the Board.
Mayor Hutto felt that the explanation as to what had
occurred was reasonable and that the City would be losing
taxpayers' money by accepting the next lowest bid.
Councilman Kloesel pointed out that all bids could be
rejected and the project rebid since there were no guarantees
that bids would fluctuate up or down. Mayor Hutto commented
that Council needs to keep an open mind on what is the best
thing for the City and the citizens of Baytown, and reminded
Council that there is a penalty as of January 1, 1981, that
would cost the City $1,000 per day. Councilman Kloesel's
response was that Council would need to accelerate the
completion time.
Mayor Hutto inquired as to the completion time involved.
Mr. Lanham responded 650 days. Councilman Kloesel stated to
rebid the project would require 30 to 60 days. Councilman
Cannon stated that if the contract had been consumated this
would be true, but now the contractor would have time to
decide whether to sign the contract. If the contract was
not signed, Council would then be in litigation which could
require a long period of time. Councilman Cannon went on to
say that the key is that the contract is not signed. If the
contract had been signed, Council would be on solid ground
to attempt to forfeit the bond. Mr. Gillette concurred and
stated that if the contract had been signed, the Board could
have enforced a specific performance clause to the contract.
Councilman Cannon stated that in all fairness to the taxpayers,
Council ought to require the contractor to suffer the $330,000
loss, but due to all the ramifications he is not certain
81109 -6
Minutes of the Regular Meeting - November 9, 1978
that Council is in a position to pursue that approach.
Councilman Kloesel acknowledged awareness of the consequences,
but since Chisholm Trail is not interested in signing a
contract in the amount of the bid that was submitted, he
moved that Council direct the BAWA to go out for new bids.
The motion died for lack of a second.
Mr. Lanham, in response to comments from Council regarding
extending the time frame on the project when bid the second
time, explained that the original bid opening was delayed in
order to rework the wage scale and during that period on
recommendation of the engineers, the Board decided to extend
the time in an attempt to attract more bidders.
In the discussion, the $1,000,000 bid bond was discussed,
but it was pointed out that the courts would ultimately
determine if this bond would be forfeited to the City.
Councilman Cannon questioned the reason that the City Attorney
felt if this point were to be litigated that the City would
probably not prevail. Mr. Bounds commented that the leading
case is a case called James T. Taylor and Son versus Arlington
Independent School District which involves a contract or
bids for construction of a school. In that situation, after
acceptance of a particular bid by the school district, but
before execution of the contract, the bidder realized that a
mistake had been made in calculating the profit. It was a
clerical error in calculating anticipated profit margin.
Upon discovery of the error, the school district awarded the
bid to the next lowest bidder and sued against the apparent
low bidder to recover against the bid bonds for the difference
between the contract sum and apparent low bid. The court
determined that the school district could not recover the
bid bond if the contractor's mistake was so great that the
enforcement of the contract would be unconscionable, and
there your are speaking strictly in terms of the profit
margin. Secondly, that the mistake was related to a material
feature of the contract and thirdly, that the mistake was
not due to the contractor's negligence and finally that the
bid could be withdrawn without causing the school district
any serious prejudice other than its loss of bargain. Mr.
Bounds commented that this is the criteria that was given to
the BAWA Board.
Councilman Kloesel emphasized again that by rebidding
the contract, the bids could remain the same or even be
lower. He also indicated that if Council adopted the Board's
recommendation, this would be negotiating the contract. Mr.
Gillette stated that technically the Board and Council are
not negotiating the bid - -the bid is being corrected.
Mr. Lanham read the motion adopted by the BAWA Board as
follows:
"WHEREAS, Chisholm Trail Construction Company has
presented clear and convincing proof of two mistakes of
fact in their original bid amounting to $240,685.00 and
$89,528.00; and
WHEREAS, correction of the bid would not affect
the relative standing of the bidders; and
WHEREAS, no one will be prejudiced by the correction
of the bid; and
81109 -7
Minutes of the Regular Meeting - November 9, 1978
WHEREAS, the time restraints involved in the
Baytown - CIWA contract for surface water would pose
significant problems for BAWA if it rebid the project;
and
WHEREAS, due to land subsidence, it is necessary
that BAWA convert to surface water as soon as possible;
NOW, THEREFORE, I move that BAWA accept the bid of
Chisolm Trail Construction Company as corrected for the
errors of $240,685.00 and $89,528.00."
Councilman Cannon inquired if the legal staff is convinced
that in a court of law that the company would be able to
prevail, and that these are recognizable errors. Mr. Bounds
explained that he felt it was apparent especially on the
larger of the two bids, that there was a simple ommission of
the company due to a misunderstanding with their subcontractor
of what equipment was to be included in the subcontractor's
bid. He further stated that he felt that the evidence is
clear that the company did simply omit some items and as a
result of that, their bid was in error. Mr. Bounds explained
that the court recognized that in the hours just before any
major construction bid is let, activity where the bids are
being formulated is very hectic; therefore, when the courts
speak about the contractors negligence, this is the type
mistake that the contractor would have the affirmative duty
to discover. The courts specifically recognize that clerical
errors or simple ommissions would not normally be such
negligence.
Councilman Cannon inquired if Council adopted the
recommendation of the Board would it be subjecting itself to
legal action from the second lowest bidder since it was his
understanding that Council would have no problem with rejecting
any bid which did not meet specifications, Mr. Bounds
stated that there are two responses to that question and the
first is that the City in the past has allowed the correction
of bids where the error was apparent on the face of the bid.
In this particular case, the legal staff had to go beyond
the face of the bid to the work papers, but felt that there
was clear evidence of the error. Secondly, this contract is
being awarded by the Baytown Area Water Authority. The
Baytown Area Water Authority operates under a different set
of rules than does the City Council. In particular, BAWA is
not governed by Statute 2360a nor the City Charter which
requires letting to the lowest bid. BAWA has much more
discretion in awarding contracts than does the City. This
was explained to the Board. The law which established the
BAWA provides that the Authority will operate under Chapter
54 of the Texas Water Code. The rules governing the Texas
Water Code are broader than some of the statutes in this
particular area that governs cities on contracting.
Councilman Kloesel inquired who is the electrical
contractor that will be associated with Chisholm Trail
Construction Company? Jim Grier, President of Chisholm
Trail, responded that the low electrical and instrumentation
subcontractor is Richardson Electric and Instrumentation
Company, and the large error that the company is speaking of
is in the instrumentation section. Councilman Kloesel
questioned Mr. Grier concerning the largest error and Mr.
Grier explained what had occurred and stated that the written
confirmation of Richardson Electric Company's bid, along
with other documents, are on file with the City.
Minutes of the Regular Meeting - November 9, 1978
Councilman Cannon moved for adoption of Proposed Ordinance
No. 81109 -A, which will correct the amount of the contract
between the BAWA Board and Chisholm Trail Construction
Company; Councilwoman Caffey seconded the motion.
Councilman Kloesel moved that Council table action on
this item and hold a special meeting on Tuesday, November
14, 1978, at 6:00 p.m. The reason Councilman Kloesel made
this motion was to allow time to seek another legal opinion.
The motion died for lack of a second. The vote on the
original motion follows:
Ayes: Council members Lander, Johnson, Wilbanks,
Caffey, and Cannon
Mayor Hutto
Nays: Councilman Kloesel
ORDINANCE NO. 2573
AN ORDINANCE APPROVING A CORRECTED CONTRACT BETWEEN CHISHOLM
TRAIL CONSTRUCTION COMPANY INC. AND BAYTOWN AREA WATER
AUTHORITY FOR THE CONSTRUCTION OF A SURFACE WATER TREATMENT
FACILITY.
*Councilman Kloesel gone.
Ordinance - Providing For and Allowing, Under the Act
Governing TMRS, Updated Service Credits and Providing
for Allowance of Increases in Benefits to Retired Employees
and to Beneficiaries
The Administration was not ready to act on this item.
Ordinance - Approving Final Payment on the East District
Sludge Dewatering Facility, Job No. 44B, Contract No. 2,
WPC. Tex.
Council received a copy of a letter from Ivan Langford,
Jr., of Langford Engineering, Inc., regarding completion of
the East District sludge dewatering facilities. In his
letter, Mr. Langford certifies to the completion of these
facilities and indicates that the total project cost is
$271,178.81. Final payment in the amount of $6,999.78
remains to be paid to Tidal Construction Company. The
Administration recommended approval of the ordinance.
Councilman Lander moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2574
AN ORDINANCE APPROVING AND ACCEPTING CONSTRUCTION OF SLUDGE
DEWATERING FACILITIES AT THE EAST DISTRICT SANITARY SEWAGE
TREATMENT PLANT BY TIDAL CONSTRUCTION, INC. FINDING THAT THE
IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT;
ACCEPTING THE CONSULTING ENGINEERS' CERTIFICATE OF FINAL
ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID TIDAL
CONSTRUCTION, INC. AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Ordinance - Approving Substantial Completion Payment
to Farrell Construction Company for the Market Street
Bridge Project
*Councilman Kloesel back.
Council has received a copy of a letter from Jim Hutchison
E-138 .
Minutes of the Regular Meeting - November 9, 1978
of Busch, Hutchison and Associates in which he sets forth
the four alternatives for Council consideration. Following
are explanations of four alternatives together with estimated
costs:
1. Remove and replace approximately 1,200 square
yards of concrete. This corresponds roughly to
one -half the roadway width for the length of the
cemetary frontage. Cost: $20,000 (based on bid
item unit prices in contract)
2. Overlay approximately 6,500 square yards of pavement
surface with 1- inches of hot mix asphaltic concrete.
To overlay the pavement, it would have to be done
over the entire roadway width from Stadium Drive
to the east side of the bridge. Cost: $11,700
(based on contractor's estimate)
3. Using a surface grinding machine, plane selected
areas to develop a smoother riding surface. Cost:
$3,000 (based on equipment and labor for 2 weeks)
4. Reach a negotiated monetary settlement or penalty
to be forfeited by the contractor.
Each of these alternatives has its respective advantages
and disadvantages which are discussed below in numerical
order.
1. The advantage of this procedure is to maintain a
10076 cement roadway consistent with the rest of
the project. The disadvantage is disruption of
traffic and the length of time for repair.
2. The advantage here is the rapidity with which the
work could be done (probably 1 week or less) and
the fact that all the pavement east of the bridge
would be covered. The disadvantage is the mixing
of wear surfaces (asphalt and concrete) on the
same project and that the asphaltic surface will
require maintenance long before the concrete.
3. This method of grinding is at best a doubtful
solution with the equipment available. Additionally,
attempting this type of corrective action is not
well defined which could cause the work to extend
over a long period of time, all the while closing
two lanes of traffic. Little advantage to this
method can be seen except for the cost to the
contractor, which is considerably less than the
other alternatives.
4. The contractor has indicated a willingness to
consider a negotiated settlement wherein he would
forfeit a given amount of the contract payment in
exchange for the City's acceptance of the job as
it is. This, of course, would not waive the
contractor's warranty on the project for 1 year
after the acceptance.
Considering the alternatives, No. 4 has the greatest
attractiveness from a convenience point of view, that is, no
further work would be done and the street would not be
closed at any time. The Administration recommended that
Council accept Alternative No. 4, and that the penalty
amount be $11,700.00, which is the cost of overlaying a
portion of the street. The reason for this recommendation
is that to overlay the street would solve the problem, but
there would be the problem of maintenance after a few years.
The Administration is recommending that the final payment be
reduced by this amount and this is acceptable to the contractor.
A corrected copy of the proposed ordinance was placed at the
Council table that would accomplish this recommendation.
81109 -10
Minutes of the Regular Meeting - November 9, 1978
Mayor Hutto commented that the roadway is structurally
sound, and he would hate to have the contractor tear out the
section in question because of the inconvenience it would
cause.
Councilman Johnson felt that the original recommendation
of a $20,000 penalty should be considered; Councilman Kloesel
concurred.
Mayor Hutto felt that a $20,000 penalty would be too
harsh, and if Council supported that penalty amount, the
contractor should be asked to replace the defective pavement.
Mayor Hutto further commented that he could support a $11,700
penalty and feel comfortable with it because the City has a
structurally sound road. He felt that by assessing a $20,000
penalty Council could cause contractors to be reluctant to
bid City jobs.
Councilman Lander commented that conversely, Council
might argue that this will indicate to contractors that the
City of Baytown is serious that contractors live up to their
liability, but he agreed with the Mayor that a penalty of
$20,000 would be too harsh.
Councilman Johnson said that the only reason he does
not want the roadway to be replaced is because of the inconvenience
to everyone concerned.
Councilman Kloesel moved that Council accept Alternative
No. 4 and set a value of $20,000 penalty; Councilman Johnson
seconded the motion. The vote follows:
Ayes: Council members Johnson, Kloesel, and Cannon
Nays: Council members Lander and Caffey
Mayor Hutto
Abstained: Councilwoman Wilbanks
Councilman Lander moved that Council accept Alternative
No. 4 and set a penalty of $11,700; Councilwoman Caffey
seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Wilbanks, Caffey, and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2575
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO FARRELL CONSTRUCTION
COMPANY FOR THE MARKET STREET BRIDGE IMPROVEMENTS.
Ordinance - Awarding the Bid for the Purchase of Data
Processing Paper
Two bids were received for the purchase of the
City's estimated annual supply of data processing paper. A
tabulation of these bids is attached to the minutes as
Exhibit "A." Data Documents submitted the low bid in the
amount of $4,340.40. This bid meets specifications. The
Administration recommended approval of the ordinance.
Councilman Cannon moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel, Wilbanks,
Caffey, and Cannon
Mayor Hutto
Nays: None
81109 -11
Minutes of the Regular Meeting - November 9, 1978
ORDINANCE NO. 2576
AN ORDINANCE ACCEPTING THE BID OF DATA DOCUMENTS, INC. FOR
THE PURCHASE OF ESTIMATED QUANTITIES OF CONTINUOUS FORM DATA
PROCESSING PAPER 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 3/4 Ton
Pickup Trucks
Four bids were received for the purchase of three 3/4
ton pickup trucks for various city departments. A tabulation
of these bids is attached to the minutes as Exhibit "B."
Item No. 1 is a 3/4 ton pickup truck for the Planning and
Traffic Department which will be used to support the new
bucket for traffic signal maintenance. The specifications
for this vehicle did not include the required 7500 GVW
rating. Because of this, the Administration recommended
that the bids be rejected and that Item No. 1 be rebid.
Baytown Motors submitted the low bid on Item No. 2,
which is a 3/4 ton pickup for the Wastewater Distribution
Division. The total bid with warning light and heavy duty
springs is $6,979.40. Baytown Motors also submitted the low
bid on Item No. 3, which is a 3/4 ton truck for the Water
Production Division. Total cost of this unit with heavy
duty springs is $7,542.35. The Administration recommended
approval of the low bidder on Item Nos. 2 and 3, and recommended
that Council reject the bids on Item No. 1, and that permission
be given to rebid this item.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Wilbanks, Caffey, and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2577
AN ORDINANCE APPROVING THE PURCHASE OF 3/4 TON PICKUP TRUCKS
BY ACCEPTING THE BID OF BAYTOWN MOTORS FOR ITEM NOS.II AND
III OF THE CITY OF BAYTOWN BID NO. 7810 -4; AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN FOR EACH ITEM AS SET OUT
BELOW.
Ordinance - Awarding the Bid for the Purchase of Garbage
Bags
Three bids were received for the purchase of 200,000
garbage bags. a tabulation of these bids is attached to the
minutes as Exhibit "C." Adams Industries, the current
supplier, submitted the low bid at a unit cost of $.05417
per bag. Total cost of these bags is $10,834. The Administration
recommended approval of the ordinance.
Mr. Lanham explained that the City had some signs
printed that are to be placed at the fire stations which
hopefully will encourage more citizens to use these bags.
In response to a question from Council, Mr. Savage
explained that $30,000 worth of bags have been purchased by
citizens since February 1, 1978, which means that the City
is ahead of the original projection as far as purchases are
concerned.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Wilbanks, Caffey, and Cannon
Mayor Hutto
Nays: None
8110912
Minutes of the Regular Meeting - November 9, 1978
ORDINANCE NO. 2578
AN ORDINANCE ACCEPTING THE BID OF ADAMS INDUSTRIES INC. FOR
THE PURCHASE OF ESTIMATED QUANTITIES OF GARBAGE BAGS 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 - Approving Final Payment of the Sandblasting
and Repainting of the East James Street Water Tower
Work has been completed on the sandblasting and repainting
of the East James Street water tower. This property has
been inspected and approved by city personnel. Total cost
of this work is $23,848. The Administration recommended
approval of the ordinance
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilwoman Caffey seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel,
Wilbanks, Caffey, and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2579
AN ORDINANCE APPROVING AND ACCEPTING RECONDITIONING OF THE
EAST JAMES STREET WATER TOWER BY WATER TANK SERVICE COMPANY
FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE
TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEERS CERTIFICATE
OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE
SAID WATER TANK SERVICE COMPANY AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Ordinance - Approving Final Payment of Police Garage
The Administration was not ready to act on this item.
Ordinance - Approving Final Payment for the Municipal
Service Center Equipment Storage Yard
The Administration was not ready to act on this item.
Resolution No. 647 - Requesting that Harris County Increase
Payments to Cities for Firefighting Services
Mr. Lanham explained that this has been discussed on
several occasions by the Council. The contributions that
the City is receiving from the county under the contract to
provide fire protection services outside the city limits
does not cover the cost of providing the service. The
Administration sent a letter to the county in March of 1978,
requesting that the county re- examine the proposed fire
protection contract and pay the City more than what was
indicated that the county would pay. At that time, the
county's budget had already been approved and funds were not
available to increase the amount. The County is now in the
process of preparing their budget for next year. Therefore,
this is the appropriate time for the City to suggest that
the county make a study of this and that the county provide
money in their budget to pay for the service provided by
cities to unincorporated areas of the county. The City is
not asking for any specific amount other than that the
county make a study of what the costs are and appropriate
funds near the actual cost of providing the service. The
proposed resolution requests that Harris County increase its
payments to cities for fire protection service rendered to
unincorporated areas and that the Administration will assist
Harris County in establishing a formula to use in determining
payments to the City for fire protection services. This
formula should be applied uniformly to all cities and be
81109 -13
Minutes of the Regular Meeting - November 9, 1978
designed to reimburse cities for the cost of providing service.
Councilman Cannon commented that he felt this is a little
softer approach than he felt the City should take on this problem
and suggested that the Administration work out what the City of
Baytown costs have been this year and send a letter to the County
as to what the City plans to charge the County for the same level
of fire protection in the year 1979 that the City of Baytown has
provided in 1978. Councilman Cannon further commented that when
the City of Baytown is providing the service, the City should not
be asking the County to study the problem and then come back and
tell the City what the County will pay for these services. Council-
man Cannon stated that this is the approach that he would like to
take particularly after the County could not find the funds to
contribute more this past year for fire protection services.
Councilman Kloesel commented that he agreed with Councilman
Cannon, however, he felt that at the present time the proposed
resolution is a good approach and then it needs to be followed
up fairly quickly with figures that Councilman Cannon was speaking
of.
Councilman Kloesel moved for adoption of Resolution No. 647;
Councilman Lander seconded the motion.
Councilwoman Wilbanks inquired if it would be difficult to
get this information together and attach an exhibit to the
resolution showing the estimated cost for the prior year. Mr.
Lanham explained that he has some figures that could be submitted
such as per hour for the use of fire apparatus, per hour for driver
operator, per hour for fire fighter, and the charge per mile.
Mr. Lanham commented that the Administration's reason for
suggesting that the County get together with the cities to work
out a formula is that other cities and fire departments may have
different costs and a formula would apply throughout the County
so that all the cities will be paid on the same basis.
Councilman Cannon said that he would not support the resolution
because he did not feel that this is the approach to take.
Councilman Lander commented that he agrees that the County
should pay the cost of service but felt that it is kind of a
moat question because of the percent of the population that
lives in the city. The people who live in the city are going to
be paying for the cost through city and county taxes.
Councilwoman Wilbanks commented that she still thinks it
would be valuable for the County to see the figures what it costs
the community of Baytown's size to maintain fire service and felt
that that information would be helpful to them in arriving at a
solution.
Mr. Lanham commented that the Administration can make that
information as part of a letter that goes along with this and just
say that the City of Baytown suggests that the County use the
following figures in their consideration of this. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel, Wilbanks and
Caf f ey
Mayor Hutto
Nays: Councilman Cannon
RESOLUTION NO. 647
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN REQUESTING
HARRIS COUNTY TO INCREASE ITS PAYMENTS FOR FIRE PROTECTION SERVICE
TO THOSE CITIES PROVIDING SUCH SERVICE TO THE COUNTY.
81109 -14
Minutes of the Regular Meeting - November 9, 1978
Resolution No. 648 - Designating the City's Representative to the
1979 H -GAC General Membership and Executive Committee, and One
Alternate
Presently, the City's representative to the H -GAC General
Membership and Executive Committee is Councilwoman Mary Elizabeth
Wilbanks and the alternate is Jody Lander.
Councilwoman Caffey moved that Council designate Councilwoman
Mary Elizabeth Wilbanks as the City's representative to the H -GAC
General Membership and Executive Committee and Jody Lander as
alternate; Councilman Kloesel seconded the motion. The vote
follows:
Ayes: Council members Lander, Johnson, Kloesel, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 648
A RESOLUTION APPOINTING MARY ELIZABETH WILBANKS AS REPRESENTATIVE
OF THE CITY OF BAYTOWN TO THE EXECUTIVE COMMITTEE AND THE GENERAL
MEMBERSHIP BODY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE
YEAR 1979 AND JODY LANDER AS VOTING DELEGATE SHOULD MARY ELIZABETH
WILBANKS BECOME INELIGIBLE OR RESIGN.
Consider Appointments to the Clean Community Commission
City Council established the Baytown Clean Community
Commission by ordinance at its October 12, 1978 meeting. The
Council made up a list of names of persons who have been
contacted and who have agreed to serve. The following persons
have agreed to serve on the Clean City Commission:
Leonard Stasney
Father Efrain Guitterrez
Robert Lockett
Roy Fuller, Jr.
Gary Anderson
Eileen Caffey
Diane Pardue
Mery Rosenbaum
Dr. James Lewis
This committee is to be made up of nine members - -four shall serve
a one -year term and the remaining five members shall be appointed
for two -year terms.
Councilman Cannon moved for the appointment of the nine persons
agreeing to serve on the Clean City Commission; Councilman Kloesel
seconded the motion.
Mr. Lanham inquired as to how would Council like to designate
which members are to serve one -year terms and which members are to
serve two -year terms. Council preferred that the members draw for
terms. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
81109 -15
Minutes of the Regular Meeting - November 9, 1978
Hear Report on the Downtown Street Liahtina
Several months ago, a committee representing the Downtown
Merchants and Property Owners appeared before Council and made
a number of recommendations or requests for cooperation of the
City Council in several areas and one of those was to provide
additional street lights which will serve as a deterrant to
much of the activities occurring on Texas Avenue such as littering,
loitering, vandalism, etc. The Administration asked Houston
Lighting and Power to make a study of the street lighting and
the needs for additional street lighting in that area which
report has been submitted. Houston Lighting and Power reported
that Texas Avenue is well lighted but the cross streets and the
streets parallel to Texas Avenue need additional lighting. It
is Houston Lighting and Power Company's recommendation that
twenty -two 20,000 lumen street lights be added and that the two
existing 3,300 street lights be upgraded to 20,000 lumen capacity.
The total annual cost based on present rates would be $1,044.
The Administration has reviewed this with a committee representing
the Texas Avenue Merchants and Property Owners who concurred in that
recommendation. The Administration recommended approval of this
plan.
Mr. Lanham in response to a question from Councilman Kloesel
explained that there is pedestrian traffic on the side streets
and commented that some of the problems which cause the police
department much concern is occurring on the side streets.
Councilman Lander inquired if there has been very much
vandalism occurring to cars parked on the side streets and at
the theatre. Bo Turner, Chief of Police, responded in the
affirmative; and stated that the Police Department whole - heartedly
agrees with the recommendation. Chief Turner added that the whole
town needs additional street lighting.
Councilman Cannon said that if this project proved successful,
the Council can consider other areas of town where additional
street lighting is needed.
The criteria for placement of street lights by the City is
the need for the light from a traffic standpoint. If a property
owner requests that a street light be installed, the property
owner pays on an annual basis. The Administration recommended
approval of this street light plan.
Councilman Johnson moved for the approval of the street
lighting plan; Councilwoman Caffey seconded the motion. The
vote follows:
Ayes: Council members Lander, Johnson, Kloesel, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
Consider Request of George Bryant for Water and Sewer Service
Outside the City Limits
Council received a copy of a letter from George E. Bryant
who lives at 2603 West Cedar Bayou Lynchburg Road. In his letter,
Mr. Bryant indicates that he would like to have city water and
sewer service. He has made arrangements with Mr. Mac Holland,
developer of Ginger Creek Subdivision, to tie his services into
those lines. Mr. Bryant has agreed to pay the rates associated
with water and sewer service outside the city limits. The
Administration recommended approval of the request.
Councilman Kloesel moved for the approval of the request
of George Bryant for water and sewer service outside the city
limits; Councilman Lander seconded the motion. The vote follows:
81109 -16
Minutes of the Regular Meeting - November 9, 1978
Ayes: Council members Lander, Johnson, Kloesel, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
Consider Appointments to the Local Board of Trustees - Volunteer
Firemen
The Local Board of Trustees for the Volunteer Firemen's
Pension Program must include one representative selected by
the City Council. Councilwoman Wilbanks stated that Richard
Whiddon was contacted in this regard and was willing to serve
in this position. Therefore, she moved that Council appoint
Richard Whiddon to fill this position; Councilman Johnson
seconded the motion. The vote follows:
Ayes: Council members Lander, Johnson, Kloesel, Wilbanks,
Caff ey and Cannon
Mayor Hutto
Nays: None
Committee Reports
Councilwoman Wilbanks commented that some time ago, she
mentioned that the Clean Air Amendment was getting a great deal
of attention at the federal level and the Texas Air Control Board
is beginning to contact local entities to work out a development
plan. In that regard, Robert Blair, Director of the Texas Air
Control Board, will be the speaker at Chamber of Commerce luncheon
tormorrow.
Mr. Lanham stated that the Administration is attempting to
become more informed about the Clean Air Amendment, and that
Dan Savage and Scott Bounds had attended a hearing on that
today.
Councilwoman Wilbanks reported that the Texas Air Control
Board has asked that an Advisory Committee be established of
elected officials from Harris County. She has been asked to
serve on the Houston Galveston Area Council. That meeting is
scheduled for November 20, 1978; therefore, she will be able
to report to Council on that at the next meeting.
Councilman Kloesel stated that in another area, he would
like a resolution prepared to the Texas Water Board. The intent
of the resolution is to have the Board look at the areas north
of Baytown that are in the City's water shed that might affect
the City's drinking water. Councilman Kloesel requested that
the resolution be prepared for presentation to Council at the
next meeting or the following meeting.
Mr. Lanham explained that the Clean Air Act could have
impact on the City in ways other than enforcement, for instance
requirements for reducing dust from streets, paving streets,
types of materials that are used, street sweeping. Many of the
requirements could have an impact on the City's budget.
Unfinished Business
J. B. LeFevre, Director of.Finance, asked that he may
address the Council. Mr. LeFevre commented that the Board of
Trustees for the Supplemental Retirement Program would be making
some important decisions in the near future, therefore he felt
that Council should consider appointing a member of Council to
the Board to replace Mayor Gentry.
81109 -17
Minutes of the Regular Meeting - November 9, 1978
Adjourn
With no further business to be transacted, Councilman Kloesel
moved to adjourn; Councilman Lander seconded the motion. The vote
for adjournment was unanimous.
1
Karen Pe ru, Deputy City Clerk
Approved:
AWN
Eileen P. Hall) C ty Clerk
Minutes of the Regular Meeting - November 9, 1975
EXHIBIT "A'.'
TlTL E: CONTINUOUS FORMS DATA PROCESSING PAPER
B 1 D� 7sl o -s
D,4TE� 10 -31 -78 - 9:30 a.m.
EM
QTY
DESCRIPTION
CONTINUOUS FORMS DATA PROCESSING
PAPER
i.
200,800
1 part-20 ib. paper
2.
100,800
2 part -20 16. paper
3.
6,500
3 part -15 lb. paper
4.
5,000
4 part-15 lb. paper
5.
19,000
1 part -20 lb. paper
TOTAL
DELIVERY:
• � � .
.>
��
GROSS TOTAL
I± Ess orsc. �'
.. ?NET: TOTA L
n r� r� i r r-w ' ':`
CITY OF BAYTOWN
BID TABULATION
REIN COMPANY DATA DOCUMENTS
RNCE EXTENpEO UNIT EX7'ENpEO pNlT
$ 12.58 2,526.06 $ 7.69 $1,544.15
33.08 3,334.46 22.09 2,226.67
• 45.87 298.15 33.14 215.41
61.53 307.65 43.36 216.80
17.15 325.85 1.23 137.37
6,792.17 $4,340.40
45 days 45 days
56,792.17 $4,340.40
UNlT I EX7ENpEp 9 UNl7 E EXiENO
. s ..
. _1
Minutes of the Regular Meeting - November 9, 1978
EXHIBIT "B'!
CITY OF BAYTOWN
TITLE: PICKUP TRUCKS - 3/4 TON ptD Tagl ILA'j'jON
B 1 D� 7�t o -4 u 1 V .
�ATE� t0 -30 -7$ - 9:30 a.m.
BAYTOWN MOTORS VINSON BAYTOWN DODGE BOB HAMRIC 1NC. HUGH WOOD FORD
ITEM QTY DESCRIPTION � tRNf7 ExrENDED UN17 Ex7EN0ED UNf7 X NOED UNl7 EXTENDED UNf7 EXTENDED
PICKUP TRUCKS - 3/4 TON
1. 1 each PICKUP TRUCK - 3/4 TON, -
FLEETSNDE STYLE, COLOR WHITE $5,710.31
II. 1 each PICKUP TRUCK - 3/4 TON, UTILITY `
BODY $6,839.84
III. 1 each PICKUP TRUCK - 3/4 70N, UTILITY
BODY, TAILGATE LIFT $7,509.59
• OPTIONS:
A. Air Conditioning � $413.40
B. Warning Light 106.i30.
C. Heavy Duty Springs 32.76
DELIVERY - A.R.O. 90 days
— $5,678.05 $5,730.00 $6,046.78
$7.256.25 $7,225.45 $7 ,311.60
$7,812.73 - $7,778.93 $8,056.60
$447.72 $450.86
125.00 84.2b
32.76 32.84
s 100 day 30 to 4 days '
;,,
<.
.'.' ^.. GROSS TOTAL $20,059.74- $20,747.03 $20,734.38 $21,414.98
LESS � DISC. -: '
� ^'�7 TOTAL : � �
a �.' � � •
1= LIVERY
Minutes of the Regular Meeting - November 9, 1978
EXHIBIT "C"
TITLE: GARBAGE SAGS
BID: 7810 -7
DATE. 10 -38 - 9 :30 A.M.
CITY OF BAYTOWN
BID TABULATION
ADAMS INDUSTR3ES INC
MARKETING SERVICES
CHICAGO TRANSPARENT
ITEM
QTY DESCRIPTION
Ri�cE
EXTENDED
UN17
EXTENDED
UNIT
TENOEO
UNIT
EXTENOEO
uNlT
EXTENOEO
1.
200,000
GARBAGE BAGS
.05417
10,834.00
.05928
$11,856.00
.08581
$17,162.00
DELIVERY:
21 days
30 days
21 day
One company submitted a no bid
GROSS TOTAL
$10,834.00 $11, 856. oo $17,162.00
LESS DISC.
NET TOTAL
DES _'VERY