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1978 11 11 CC Minutes, Special80911 -1 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS September 11, 1978 The City Council of the City of Baytown met in Special Session on Monday, September 11, 1978, at 6:00 p.m. in the Council Chamber of the Baytown City Hall with the following members in attendance: Jody Lander Jimmy Johnson Eileen Caffey Emmett 0. Hutto Fritz Lanham Scott Bounds Karen Petru Councilman Councilman Councilwoman Mayor City Manager City Attorney Deputy City Clerk Absent: Ted Kloesel Councilman Mary E. Wilbanks Councilwoman Allen Cannon Councilman Dan Savage Assistant City Manager Eileen P. Hall City Clerk Mayor Hutto called the special meeting to order. Resolution No. 640 - Adopting a Program Schedule for the West District Sewage Treatment Plant Mr. Lanham, City Manager, explained that the West District Sewage Treatment Plant will be constructed south of Interstate 10 near the roadside park which will enable the Lakewood Treatment Plant to be closed. The Lakewood Treatment Plant is very old and subject to flooding. The City had received an EPA Step 1 Grant for this project which covered the costs to develop the environ- mental statement, the cost estimate, etc. This work has been completed. Approval from the Texas Water Resources Board to discharge the effluent into the San Jacinto River has been received. The original plans were to discharge the effluent into Spring Gully, but after a great deal of public opposition, the plans were changed to discharge the effluent into the San Jacinto River. The plant will be sized to take care of Lakewood and the surrounding area once it is developed. The plans to this point have been developed with the view of the Brownwood area being cleared. Therefore, the population of the Brownwood area was not included in the population estimate for the plans of the West District Sewage Treatment Plant. Councilman Johnson inquired what will happen if the City does not receive the affirmative vote of the populace to evacuate the Brownwood area. Mr. Lanham responded that the plant would necessarily have to be enlarged. The Wooster area is also being served by the Lakewood Treatment Plant. A lift station will be constructed where the present plant is now located to pump sewage from the Lakewood - Wooster area to the West District Sewage Treatment Plant. Until Brownwood is cleared, sewage from that area will go to the West District also. Councilman Johnson commented that if Brownwood is not cleared, there will not be enough room for the Brownwood area at the West District Sewage Treatment Plant. Mr. Lanham concurred that the Brownwood Subdivision, along with the undeveloped area, once developed would exceed the capacity of the proposed plant. Ivan Langford, Jr., President of Langford Engineering, Company, Inc., explained that as the residents of the Brownwood area move out, this will give the City spare capacity to serve new development. If the residents of Brownwood 80911 -2 Minutes of the Special Meeting - September 11, 1978 area fail to move out, the City basically would have no spare capacity. Mr. Langford commented that if the evacuation of Brownwood does not materialize, then the City can make applic- ation for a new grant to expand the plant. This is basically what the City has done in the past. Mr. Lanham commented that another factor is that the City is buying the land for the treat- ment plant from a water district and part of the agreement is that the City will provide service to this district. At the present time, the water district has no users. Mr. Lanham explained that the plans are to proceed on the assumption that the Brownwood area will be cleared. In response to an inquiry from Councilman Johnson, Mr. Langford explained that the City is probably anywhere from 9 to 10 months from the actual receipt of bids. One of the agenda items tonight is necessary because as each step is approached, the engineers must have a separate contract. The engineering firm has scheduled 62 months to do the engineering on Step 2. The state and federal government requires 22 to 32 months to review the project, give approval, and authorize advertisement for bids. The EPA is suppose to turn over a large portion of the review process to the state on October 1, 1978, whereas in the past, many of the projects received double review. Councilman Johnson inquired as to when the Brownwood situation will come to a vote. Mr. Lanham responded February or March, 1979. Councilman Johnson expressed concern over the Brownwood situation. Mr. Lanham pointed out that the City can ask for a grant to expand the plant and land is available for expansion. Councilman Lander inquired if the City is in compliance because he thought there was some type of time limitation that the state had imposed on the City. Mr. Langford explained that there was an enforcement order that stated the Lakewood Treatment Plant would be abandoned by December 31, 1978. Since this is impossible, Mr. Lanham requested that the engineering firm write a letter to notify the proper authorities that the time limitations is un- realistic and that the City of Baytown is unable to meet the dead- line because federal funds are not being made available, in hopes that an extension will be granted. Mr. Lanham explained that he knew of no city that had gotten in trouble because of this as long as some progress was being made. The estimated cost of the City's share is $1,332,896. Approximately $800,000 in hand funds is available; therefore, another $500,000 is required for which the Administration will recommend that certificates of obligation be issued at the proper time. This money can be retired from sewer fee revenue or from tax money. Councilman Lander moved to authorize the City Manager to make application for the Step 2 Grant and adopt Resolution No. 640; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Lander, Johnson and Caffey Mayor Hutto Nays: None RESOLUTION NO. 640 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ADOPTING A PROGRAM SCHEDULE FOR THE WEST DISTRICT SEWAGE TREATMENT PLANT. 80911 -3 Minutes of the Special Meeting - September 11, 1978 Ordinance - Authorizing and Directing the Mayor and City Clerk to Execute and Attest to an Agreement with Langford Engineering, Inc. for Engineering Services This agreement will replace the agreement that was signed with Langford Engineering in 1975. The reason for this change is that EPA does not permit the type of contract that the City presently has with Langford Engineering. The present contract provides that the City will pay the engineering firm on the basis of a percent of the cost of construction, which is approximately 5% on this type of project. EPA regulations now provide that the contracts must be on a lump sum or cost plus basis. This has been discussed with Mr. Langford and the Administration has suggested that a proposed contract on a lump sum basis be submitted which is the contract being considered. In November, 1976, Langford Engineering prepared a report in which cost estimates for construction and engineering costs were included. Estimated costs for engineering services for Step 2, which is preparation of the detailed plans and specifications, was $204,500. The engineering firm has increased the cost estimate since November, 1976, by approximately 18 %. The proposal that Langford Engineering submitted for engineering services on a lump sum basis totals $205,646. It is virtually the same as their estimate of engineering costs that was given to the City in November of 1976. Councilman Johnson inquired if any non EPA contract with Langford Engineering will be on a lump sum basis or percentage basis. Mr. Lanham explained that the existing contract will apply on everything except EPA funded. Mr. Lanham explained that the Administration, due to EPA require- ments, will have to come back to Council with another contract for Step 3. The Administration recommended approval of the contract. Councilman Johnson moved for adoption of the ordinance; Council- man Lander seconded the motion. The vote follows: Ayes: Council members Lander, Johnson and Caffey Mayor Hutto Nays: None ORDINANCE NO. 2530 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN AGREEMENT WITH LANGFORD ENGINEERING, INC. FOR ENGINEERING SERVICES. Mr. Lanham reminded Council of the meeting at 7:30 p.m. at the Community Building concerning Hurricane Preparedness. With no further business to be transacted, Councilman Johnson moved to adjourn; Councilman Lander seconded the motion. The vote for adjournment was unanimous. Karen Petru, Deputy City Clerk APPROVED: Eileen P. Hall, City Clerk