1978 12 14 CC Minutes81214 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 14, 1978
The City Council of the City of Baytown, Texas, met in
regular session Thursday, December 14, 1978, at 6:30 p.m. in
the Council Chamber of the Baytown City Hall. The following
members were in attendance:
Jimmy Johnson
Ted Kloesel
Mary E. Wilbanks
Eileen Caffey
*Allen Cannon
Emmett O. Hutto
Fritz Lanham
Dan Savage
Scott Bounds
Eileen P. Hall
Absent: Jody Lander
Councilman
Councilman
Councilwoman
Councilwoman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Councilman
Mayor Hutto called the meeting to order and the invocation
was offered by Councilman Johnson.
Minutes
Councilwoman Wilbanks moved for approval of the minutes
of the regular meeting of November 21, 1978, and ratification
of actions taken concerning each of the matters listed on
the agenda of said meeting; Councilwoman Caffey seconded the
motion. The vote follows:
Ayes: Council members Johnson, Kloesel, Wilbanks,
Caffey, and Cannon
Mayor Hutto
Nays: None
Ordinance - Calling a Municipal Election to Consider Charter
Amendments
Mayor Hutto moved Item No. 8, Proposed Ordinance No.
81214 -1, because one Council person had another engagement
and would be absent from the meeting. Mr. Lamar Kelley was
present as representative of the Taxpayer's Association.
Mr. Lanham explained that the City Clerk had verified
the petitions to find that all Charter requirements were
met. The City Attorney has given an opinion that one of the
amendments is unconstitutional, but that in view of the fact
that the petitions do meet Charter requirements, the amendments,
as proposed, must be submitted to the electorate. Mr.
Bounds, City Attorney, reviewed the proposed ordinance,
which sets out the form of the ballot. The ballot must be
presented so that the electorate may vote on the amendments
by indicating "yes" or "no." In order to accomplish this,
the phrase, "Shall the City Charter be Amended," was added
before each proposed amendment. In addition to the amendments
proposed in the petition an Amendment No. 4 has been included
on the ballot which would be an exemption from the tax rate
for bonds approved at an election by a majority of the
qualified voters. In addition to the ordinance, a copy of
the election notice was included for Council consideration.
The ordinance provides that the election will be held January 20,
1979.
81214 -2
Minutes of the Regular Meeting - December 14, 1978
With regard to form, Mr. Bounds, in response to a
question from Councilwoman Wilbanks, stated that if the
proposed amendments were approved by the electorate, then
those amendments would be printed in the Charter as voted.
Councilman Kloesel questioned the election date. He
felt that April 7 should be considered. Mayor Hutto felt
that the best date to hold the election and comply with
state law would be January 20 due to the fact that the
regular municipal election will be held on April 7 which
would clutter the ballot and detract from the election of
the proposed Charter amendments. Councilman Kloesel felt
that by setting the election for April 7, this would allow
more time for the public to consider other changes to the
Charter, but agreed to reserve judgment to another point in
the discussion.
Mayor Hutto recognized Lamar Kelley who read a statement
which is on file in the City Clerk's office. In this statement,
Mr. Kelley pointed out that many of the comments or criticisms
received related to inadequacies in the present Charter and
suggested that a Charter Commission be appointed to study
the present Charter and suggest changes to bring the Charter
into compliance with state laws. Another suggestion was
that the Industrial District Policy of the City be amended
to the original 75 -25% ratio or whatever rate necessary to
recover needed revenue. Mr. Kelley requested that City
Council set the election on the proposed amendments for
January 20.
In the discussion that followed, Mr. Kelley was asked
if he understood that once the Charter is amended, there
will be a two -year period before another amendment may be
proposed. Mr. Kelley understood this, but felt that probably
it would take this amount of time to prepare for an overall
Charter revision.
Councilman Cannon expressed concern that if Amendment
No. 1 passed that the City would be reducing taxes across
the board by 160, as well as reductions in industrial payments.
These industrial district contracts for the most part have
recently been negotiated for a seven -year period; therefore,
no changes could be made for that period. Mr. Cannon's
concern was that with these obvious reductions, the City may
be in an untenable position with regard to selling bonds.
Mr. Kelley's response to this was that there is much waste
included in the budget which could be deleted, and the sales
tax continues to grow with the City which should help to
offset the reduction in revenue. Mr. Cannon felt that it
would be better to give the Council an opportunity to attempt
the zero -base budgeting approach before implementing an
election on these proposed Charter amendments. 14r. Kelley
stated that he was in complete agreement with the zero based
budgeting concept, because the only way to control spending
would be to control the budget. However, Mr. Kelley made no
comment in regard to Mr. Cannon's proposal.
Councilman Kloesel moved to adopt Proposed Ordinance
No. 81214 -1, with the exception of Amendment No. 4 - -he
desired to delete Amendment No. 4. Councilman Cannon seconded
the motion.
Councilman Kloesel stated that he was opposed to Amendment
No. 4 and felt that this amendment would have a serious
impact on the election. He felt that the taxpayers had
presented three amendments and those were the amendments
that should be considered.
Mayor Hutto read Amendment No. 4 for the benefit of Mr.
Kelley and others present who might be interested. Councilman
81214 -3
Minutes of the Regular Meeting - December 14, 1978
Cannon explained that if this amendment passed, then the
requirements of the City to pay principal and interest on
bonded indebtedness would not be included in this 6/10 of
1 %; thereby, protecting the City's financial standing. Mr.
Kelley stated that this was the first time Amendment No. 4
had been mentioned to him, but without obtaining any legal
advice, it would seem that if Amendment No. 4 would make
Amendments No. 1, 2, and 3, more palatable to the citizens
and to Council, then he certainly had no objections.
Mr. Kelley expressed the feeling that the Council
needed to concern itself with the amount of the City's
bonded indebtedness. Councilman Kloesel concurred, and
pointed out that no other city of comparable size in the
state has a greater bonded indebtedness than Baytown. Mr.
Kelley pointed out that Amendment No. 4 would provide that
the citizens be fully apprised of what the current bond
indebtedness is and how much taxes would be increased to
cover any new bond issue. Mr. Kelley reiterated that if
Amendment No. 4 would make Amendments No. 1, 2, & 3 more
acceptable to the citizens of Baytown and to Council, then
he had no objection. Mr. Kelley also acknowledged that the
City's bond rating is most important to retain.
In view of Mr. Kelley's remarks, Councilman Cannon
withdrew his second of the motion. He said that the Taxpayer's
Association would be reviewing Amendment No. 4, and that in
his opinion the amendment had a negating effect, but if they
could support Amendment No. 4, then he felt that this would
make the first three much more palatable. In fact, he
stated that he would have no problem with supporting all
four amendments. He felt that perhaps Amendment No. 4 is
the solution to the taxpayer's group and to City Council.
Mr. Kelley felt that the offsetting point to Amendment No. 4
is the fact that all decisions will rest with the people of
Baytown on future tax increases for bonds. Mr. Kelley did
emphasize that he was speaking strictly for himself and not
for the Taxpayer's Association, and that he understood the
concern of Council and the reason that Council would want
Amendment No. 4 on the ballot.
:Mayor Hutto declared Councilman Kloesel's motion died
for lack of a second.
Councilman Cannon moved for adoption of the ordinance
as submitted; Councilman Johnson seconded the motion.
Councilman Kloesel stated that he would support the
motion, because he felt the taxpayer's request should go to
the voters, but he did state that he felt that the addition
of Amendment No. 4 would have a negating effect on Amendments
No. 1, 2, and 3.
Councilwoman Wilbanks stated that even in the light of
one of the proposed amendments being unconstitutional, 1900
signatures was a strong indication of interest in a referendum
election for Charter change. She stated that as a Council
member she receives and acknowledges that request, but felt
that the electorate should be informed on the proposed
changes - -how these changes would alter the tax structure of
the City, as well as how these changes apply to the individual
citizen. Mr. Kelley said this is the reason that the Taxpayers'
Association felt that another work session with Council
would be advisable. Some of the questions raised in the
last work session could be addressed and possibly clarified.
With regard to the unconstitutional amendment, Mr. Kelley
said that this is a fact, the amendment is unconstitutional,
but he felt that the law is very bad and should be challenged.
81214 -4
Minutes of the Regular Meeting - December 14, 1978
The vote follows:
Ayes: Council members Johnson, Kloesel, Wilbanks,
Caffey, and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2589
AN ORDINANCE CALLING ELECTION TO AMEND THE CITY CHARTER OF
THE CITY OF BAYTOWN, TEXAS.
*Councilman Cannon absent.
In response to a comment from Councilman Kloesel concerning
the manner in which the Administration handled briefing,
Mayor Hutto pointed out that legal language has a tendency
to be cold and impersonal to a lay person, and stated that
the Administration had a responsibility to brief Council
fully on the petition.
Receive Petitions
A petition with approximately 30 signatures had been
received by the Administration requesting that Lazy Lane
from Robin Road to Holly Drive be permanently improved. Mr.
Lanham explained to Council that the Administration is in
the process of developing the 1979 Street Improvement Program
which will be recommended at the next regular Council meeting.
The determination has been made that Lazy Lane is one street
that should be included on that list; therefore, this is one
of the streets that will be recommended for reconstruction.
Councilwoman Wilbanks moved for the acceptance of the
petition; Councilman Kloesel seconded the motion.
Councilman Johnson inquired if these people will be
notified of the intent. Mr. Lanham said he would notify one
of the signers of the petition who had been in contact with
him. The vote was unanimous in favor of accepting the
petition.
City Manager's Report
The barricades have been removed and both sides of West
Main where Spur 201 intersects have been opened, along with
the service roads between Arizona and West Main. Mr. Ranft
indicated that the remainder of the project should be open
in about 2 months. The Highway Department will take bids on
the next phase in January or February. This will consist of
the dirt work or underground work. Then a second contract
will be let on the paving.
The new signal at Fairway and Decker Drive will be
operational on Monday.
At the last Council meeting, the City Manager was asked
to inquire into the status of the study that is being made
by the State Department of Highways and Public Transportation
on the proposed bridge across the ship channel. The Highway
Department and the Highway Commission are moving ahead on
the study of the project. The Turnpike Authority usually
enters the study phase upon recommendation from the Highway
Commission, but since the study is well on its way, this
possibility does not seem likely. However, perhaps when the
study is completed, there will be an opportunity to ask for
consideration from the Turnpike Authority. Council indicated
81214 -5
Minutes of the Regular Meeting - December 14, 1978
an interest in some informal inquiries to the Turnpike
Authority to determine how priorities are established by the
Highway Commission with regard to which projects are forwarded
to the Turnpike Authority for consideration.
Councilman Kloesel stated that he would be opposed to
any construction by the Turnpike Authority. He felt that
Texas has the wealth to provide the necessary roadways for
the state without the construction of toll roadways. He
felt that the only problem that needed to be resolved is how
to expedite the study being conducted by the Highway Department
and Highway Commission. Councilwoman Wilbanks stated that
there had been an indication that the time frame on this
project would be dictated by available funding.
1975 Bond Program Signal Improvements - Phase I - The
construction of the signal pole foundations at various
locations is approximately 70% complete. Materials that
were received recently include the signal mast arm poles and
associated hardware. The contractor should begin installing
those poles next week.
1975 Bond Program Signal Improvements - Phase II - The
control equipment specifications have been presented to
Purchasing to receive bids in January. Specifications are
being developed for the purchase of poles and the Administration
is hoping to advertise for the receipt of bids in February.
Bids for the other equipment should be received in February
or March. After these bids are received, the Administration
will be in a position to make recommendations based on the
availability of funds. A portion of this program is being
financed from 1975 Bond Funds and a portion from the budget.
Street Improvement Program - The contractor has progressed
in the last few weeks in spite of poor weather conditions.
The laying of asphalt has been completed on Allman, Bowie,
Louisiana, Oak,-South Shepherd, Nest Gulf, and North Pruett.
The base and concrete work on Third Street is in place and
the asphalt work is needed to complete that street. Limestone
has been added to the base on Pin Oak. A great deal more
limestone has been required for this program than was anticipated;
therefore, there will be an overrun.
Parks Projects - The Jenkins - Hollaway Park Project is
substantially complete. The only work remaining is the
surfacing of one parking lot and the drives into and through
the site.
Sports Complex Neighborhood Center - The outside of the
building is finished; painting was completed last week.
Inside, the woodwork is being installed along with cabinets
and other built -in equipment.
Langford Engineers have indicated that they will be
prepared early next month to have a work session with Council
to review the plans for the East District Trunk Sewer and to
report on the study of the Central Sewer System.
Landfill - The Administration proposes to advertise for
bids for landfill services to be received on January 8. The
present contract expires in April.
Since the next regular meeting will fall on December
28, Mr. Lanham inquired if Council would like to forego this
meeting. If Council authorizes a bond sale for January 4,
there could be other items included on the agenda for that
meeting, if necessary. The Administration suggested that
the meeting for January 4 be held at 5:00 p.m. Council had
no objection to either suggestion.
81214 -6
Minutes of the Regular Meeting - December 14, 1978
In response to a question from Council, Mr. Lanham
stated that he had been on location at the BAWA site and the
contractor was busy with the dirt work.
Councilwoman Wilbanks requested that the Administration
contact the property owners of the land to be used to complete
Rollingbrook with regard to completing those lanes between
the bridge and Garth Road. Mr. Lanham stated that the
property owners had been contacted several months ago, but
the Administration would approach the owners again. The
City has an agreement with the owners, but the agreement
states that the roadway will be completed upon development
of the property.
Mayor Hutto suggested that the county be contacted with
regard to the possibility of a temporary measure for the use
of right -of -way on Baker Road to move traffic.
Councilman Kloesel informed the Administration that he
had been receiving complaints concerning the contractor who
was performing the sliplining in Britton Cravens addition.
Mr. Lanham said that Mr. Dykes had spoken to the contractor
in this regard.
Mr. Kloesel requested that an item be placed on the
agenda to appoint a committee to make recommendations on
recommended methods of road construction in the City of
Baytown. The intent would be to get a group of construction
people who are familiar with the road building and engineers
to study what is being done in order to make a determination
whether another approach would be better.
Mr. Kloesel also requested that an item be placed on
the agenda to consider designation of a Charter Commission.
Councilman Johnson mentioned that the curb on Carolina
Street had separated from the street again. Mr. Lanham said
he would have this checked.
Arthur Morgan Will Appear
Mr. Morgan could not be present, but he had left a
letter with the Administration adressed to the Council. In
this letter, Mr. Morgan suggests that Council consider an
ordinance to restrict the commercial activity of any commercial
business that manufactures, rebuilds, or repairs any product
and is located closer than 5 feet to a residential property
line where there is a residence located to operating between
the hours of 7:00 a.m. and 7:00 p.m.
Mr. Kloesel stated that he would be interested in
having this item on the next regular agenda, because he felt
the suggested ordinance had merit.
Mayor Hutto recognized Frank Jensen, employee and part
owner of the shop next to Mr. 111organ's residence, who stated
that the shop is operated from 8:00 a.m. to 5:00 p.m. Monday
through Friday. However, because this is a specialized
machine shop where precision work is performed, there are
times when the shop is in operation into the night. At
present, the owners are in the process of erecting a concrete
and brick wall which should reduce the noise considerably.
Mr. Jensen mentioned that Mr. Morgan operates a cabinet
shop in his home which he does not restrict to an 8:00 to
5:00 operation. Therefore, if this ordinance were to be
passed, many commercial concerns would be affected, including
Mr. Morgan.
81214 -7
Minutes of the Regular Meeting - December 14, 1978
Mayor Hutto stated that he would find it very difficult
to support such an ordinance because this would resemble
zoning which the citizens of Baytown have voted down on
numerous occasions.
R. L. Parker Will Appear
Mr. Parker appeared to discuss several items. First,
he requested that the siren located at the Fire Station on
Ward Road be removed. Second, he requested that signs be
erected on Richardson Lane to prohibit through traffic. fir.
Lanham stated that rather than having signs placed, he felt
that what is needed is stricter enforcement. Signs are
placed to notify truckers where the truck routes are located;
therefore, there is no reason for the use of residential
streets for this purpose.
Third, Mr. Parker discussed the problem of dogs running
at large in the City. He mentioned a problem of a pack of
dogs running near the MBA and requested that Air. Bert Warren
be allowed to speak. Mr. Warren informed Council of two
large dogs which are at large in the Lakewood area. These
large dogs frequently kill cats and Mr. Warren's family has
just had a very bad experience where his small son could
have been seriously injured. When the Humane Department was
called out, Mr. Warren discovered that due to the small fine
being levied, the owner of the dogs made no real effort to
control or keep the dogs penned. Mr. Charlie Caldwell
concurred that dogs are allowed to run at large because the
owners are not forced to pay higher fines. Mr. C. B. Pedaway
also spoke concerning dogs that are penned, but howl all
hours of the night. He, too, suggested that more severe
fines be administered for habitual violators.
Councilman Johnson stated that he felt the siren should
be removed.
M. F. Wasicek Will Appear
Mr. Wasicek appeared with regard to a problem he is
having with his drive at 504 American Street. The street is
approximately 10 inches below his driveway and lot level.
*Allen Cannon present.
Mr. Wasicek acknowledged that the problem was not
caused by any work performed by the City. He stated that he
would have no objections to making the necessary corrections
himself if permitted to do so.
Councilwoman Wilbanks requested that the Administration
check into the matter to get all the details to be presented
to Council at its next regular meeting.
Council has established a policy regarding the installation
of metal pipe in driveways. Upon request of a property
owner, the City may install metal pipe in driveways after an
engineering investigation and determination that the problem
was caused by the City. The Administration received many
requests for the installation of pipe in the gutters, but
only in those instances where the City has performed work to
cause a problem is pipe installed. To deviate from this
policy would mean that the City would be making this adjustment
throughout the City. At the time this solution was recommended,
the Administration explained that this is not a good solution.
The metal pipe that has been installed on Sterling and Defee
becomes clogged and is very unsightly as a result. Mr.
Wasicek said he would suggest the installation of a 6 -inch
pipe with one -half yard of asphalt which he would install
81214 -8
Minutes of the Regular Meeting - December 14, 1978
himself. He also assured Council that this installation
would not interfere with anyone and would be kept free of
debris. Mayor Hutto told Mr. Wasicek that he would be
hearing from the Administration on this.
Mayor Hutto called a recess.
A Representative of Teleprompter Will Appear
Mayor Hutto reconvened the meeting. A letter had been
presented to Council by Teleprompter regarding the deregulation
of the rates charged by Teleprompter of Baytown. Mr. Bob
Poindexter, along with several representatives of Teleprompter,
was present. A preview of what is planned for the Baytown
area by Teleprompter was shown. Mr. Poindexter stated that
Teleprompter plans to bring three premium channels to Baytown
for a total of $16.95 per month. This would provide much
more variety for the customers. Council had suggested
deregulation of Teleprompter's rates in September, 1977, but
due to the lack of activity in Baytown at that time, Teleprompter
did not make that request. Now that Teleprompter has decided
to exert full efforts toward cable TV service in Baytown,
the decision has been made to request deregulation. Many
cities in the United States have gone to deregulation of
Teleprompter because to regulate became too expensive for a
non - essential type service. Teleprompter has 115 miles of
cable in the community at present, which is installed in
front of 9,500 homes. Presently, there are 1,100 subscribers
paying $7.50 monthly. Ten percent of the subscribers were
called to determine what their response would be to the
proposal being made to City Council. Of that 10 %, 87'x%
liked this one -level service package for the $16.95 price
and suggested that they would be interested in subscribing.
Undecided were 6W There has been strong patronage over
the years when very little was being offered. Therefore,
for those subscribers who would not be interested in the
single -level package, Teleprompter will eliminate those
three premium channels from those subcribers who prefer to
stay with what they have.
Pastor Manuel McKnight, the Director of KBAY, has
leased Channel 3 to present community interest activities.
If the subscribers were to reach 5- 6,000, Council meetings
may be aired. Pastor McKnight stated that he is very concerned
about Baytown, because Houston has the television industry
monopolized so that if Baytown will have anything for the
community, it will have to be through cable. He felt that
it is very important to have cable for Baytown because as
Houston grows there will be a great deal of interference.
Fred Bradford, Counselor for Teleprompter, mentioned
the letter which was provided. He emphasized that what is
being discussed tonight is actually the rates and that
Teleprompter is not actually a utility in that it is not a
necessity.
If the rates are deregulated, the installation charge
will be $24.95. The actual cost of installation is $28.13;
therefore, the company will be absorbing this loss. The
main point emphasized by Teleprompter was that the service
this company provides is not an essential item and if it is
over - priced, then people will not subscribe to it.
A unique feature of this system is that certain programming
can be locked to censor a child's viewing ability.
Councilman Cannon pointed out that since this is not an
exclusive franchise and if Council did regulate, there would
be nothing to keep another company from operating in Baytown.
Mr. Bounds concurred.
81214 -9
Minutes of the Regular Meeting - December 14, 1978
Councilman Kloesel stated that he would like to have
this proposed ordinance on the agenda. He stated that he
could see no reason for regulating Teleprompter.
Council decided that this item should be placed on the
agenda for January 11. Air. Bounds pointed out that a public
hearing must be held, but that a public hearing could be
held and an ordinance adopted at the same meeting.
Status Report on 1975 Bond Program
The Administration was asked at the last Council meeting
to report on the status of the 1975 Bond Progarm. On June
26, 1975, Council approved a priority list for implementation
AWN of the bond program. A copy of that list was furnished to
Council. Mr. Lanham mentioned that this list had been
strictly adhered to with the exception of Park Street. This
improvement was scheduled for the third year, but because of
the Highway Department's plan for Loop 201, construction of
Park Street was delayed. Also, under the sanitary sewer
improvements, the Central District Rehabilitation has been
worked prior to the East District trunk sewer because of
numerous cave -ins. The dollar amounts which are underlined
on the list have been completed or some progress has been
made (construction or planning begun). The Administration
will be forwarding reports to Council on the standing of all
bond funds as of November.
The major projects that have not been completed or on
which construction has not begun are: Park Street, the East
District Trunk, drainage in the vicinity of Alexander Drive
and Ward Road, and the fourth and fifth year parks improvements.
There is a total of $2,880,000 in unsold bonds which includes
$1,200,000 for streets, $1,000,000 for sanitary sewer,
$450,000 for drainage, and $230,000 for parks.
Mr. Lanham mentioned that the Administration will not
be recommending that the bridge on Park Street be replaced;
therefore, the amount shown for that particular project will
be substantially less. The Administration will be recommending
a 39 -foot street from Pruett to Decker without replacing the
bridge. This will provide 2 lanes for moving traffic and a
turn lane similar to West Main.
Consider Bond Sale
In the report on the status of the bond program, Mr.
Lanham mentioned that there is $2,880,000 in bonds remaining
to be sold. The City's financial advisor, Tom Masterson,
felt that the City should move ahead with a bond sale prior
to the January 20 election if there would be a need for
these funds within the next several months. In Mr. Masterson's
opinion, if proposed Charter amendments were approved, there
could be a period of several months during which it would be
very difficult to sell bonds. However, the addition of
Amendment No. 4 to the ballot and the possibility of endorsement
of that amendment by the taxpayers puts a new light on the
situation.
Mr. Bill Blitch, of Underwood, Neuhaus, was present,
and he stated that if Amendment No. 4 were to be approved, then
the City of Baytown would have no difficulty with a bond
sale after January 20.
Councilman Cannon asked if Council would be obligated
to sell or if Council would have the alternative of rejecting
the bids on January 4. Mr. Lanham suggested that perhaps it
would be better to postpone receipt of the bids. Councilman
81214 -10
Minutes of the Regular Meeting - December 14, 1978
Cannon felt that if there were a good indication that Amendment
No. 4 would be approved, then Council should sell the bonds
at a later date.
Councilman Kloesel pointed out that until the election
is actually held, there would be uncertainty. Mr. Blitch said
that upon reviewing the bids, the Council would have a gauge
of the market. The financial advisor recommended that
Council adopt a 19 -year schedule with estimated interest
costs of seven percent (70). The estimated interest costs
simply means that the City could expect to receive interest
costs within this range.
Mr. Lanham pointed out that the engineers had estimated
the cost to improve Park Street as described earlier at
$635,000. Therefore, if all the bonds are sold, the City
will have funds available for petitions paving or some other
use designated by Council. Also, there is the possibility
that there may be underground utilities that the engineer is
unaware of on the Park Street improvement.
The Administration recommended that the bond sale be
set for January 4 at 5:00, that the bond authorization be
given for the preparation of documents, and that the schedule
mentioned earlier be adopted.
Councilman Cannon moved to accept the recommendation of
the Administration; Councilwoman Caffey seconded the motion.
The vote follows:
Ayes: Council members Johnson, Wilbanks, Caffey,
and Cannon
Mayor Hutto
Nays: Councilman Kloesel
Acceptance of Water and Sewer Systems in Timber Ridge
Development
A memorandum had been left at each Council place which
listed items of work remaining to be completed in the Timber
Ridge Development. Frequently, with subdivisions being
developed within the City, if the developer desires to file
a plat and build houses before everything is completed, the
developer is allowed to post bond or cashier's check to
insure the work will be completed. sir. Walker has been
unable to complete the work due to the weather, but he would
like for the City to accept the Timber Ridge system. Therefore,
the Administration is suggesting that the City accept Timber
Ridge water and sewer systems upon the posting of a bond for
the amount of $6,770, which is the cost involved in completion
of the work. Council was also apprised that the water
system does meet the requirement of the state for chlorination,
but it does not meet the City's requirements. The chlorination
system is hand fed which would require monitoring at least
once or twice a day. Therefore, there is a good possibility
that at some point in the future, the Administration will be
requesting Council approval to install an automatic system
at an estimated cost of $2,702.
Mr. Walker stated that he had expected the amount of
the bond to be less. Mr. Walker stated that his contractor
had indicated that $2,500 would be required to rework the
sewer line that needs to be relaid. Other items that need
to be completed are actually maintenance items. In response
to a question from Council, Mr. Lanham explained how the
$6,700 bond has been derived. The cost to relay the sewer
line was determined by the cost of relaying sewer lines in
other subdivisions. This was figured to be $5,450. The
cost for 3 valve boxes is $150; cave -in around sewer lift
station - $120; correction of sewer problem in the first
manhole north of the water line - $1,050.
81214 -11
Minutes of the Regular Meeting - December 14, 1978
Mayor Hutto inquired if Air. Walker deeds to the City
the necessary easement to take care of the pipe, will the
City then reduce the bond. Mr. Bounds responded that the
City could release a part of the bond. lair. Walker was
agreeable to put up a bond for $6,700 since the City would
be agreeable to a partial release.
Councilman Cannon inquired how the question of the
chlorinator was raised. When the contract was drawn the
requirement was made that when the water system met State
Water Department standards, the City would accept the system.
The system does meet the state's requirements for private
water supply systems; however, the City's requirements are
more stringent.
Councilman Kloesel moved that the water and sewer
system in the Timber Ridge Development be accepted, provided
that the proper bond is posted and the necessary easement is
obtained; Councilman Johnson seconded the motion. The vote
follows:
Ayes: Council members Johnson, Kloesel, Wilbanks,
Caffey, and Cannon
Mayor Hutto
Nays: None
Ordinance - Authorizing the Execution of a Contract Between
the Bay Area Heritage Society and the City for the Re-
location of the Old Cedar Bayou Methodist Church
The School Board and the Heritage Society have agreed to this
contract. However, the School Board has indicated that this area
was meant primarily as an open space area and the placement of
any other structure will have to be approved by the Board. The
Administration recommended approval of the contract.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Johnson, Kloesel, Wilbanks,
Caffey, and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2590
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK
OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH THE BAY AREA
HERITAGE SOCIETY WITH REGARD TO THE RELOCATION OF THE OLD CEDAR
BAYOU METHODIST CHURCH AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Authorizing a Contract With Thomas Y. Pickett
and Company, Inc. for Industrial Appraisal Service
Thomas Y. Pickett and Company, Inc. for several years
has conducted appraisal of industries in the area -- public
utilities, oil properties, railroads, etc. Last year, the
°' contract fee for the City was $15,000. The company is
requesting a fee of $17,500 this year. The reason that the
contract should be executed now is that much of their work
is accomplished in January. The Administration recommended
approval of the contract. This company has always performed
satisfactorily.
Councilman Kloesel asked if the City still shares
information with the school district. Glen Erwin, Tax
Assessor /Collector, responded that this was strictly a
courtesy which was extended before the City contracted with
Thomas Y. Pickett. Mr. Lanham pointed out that at that time
the industrial district formula was different and since the
81214 -12
Minutes of the Regular Meeting - December 14, 1978
change in that formula, more property is appraised. Since
the new contracts have been signed, substantially more work
is involved. Councilman Kloesel felt that this work could
be done on a joint basis by contracting with the school
district which could save money. For this reason, he said
that he would be interested in delaying action on this item
until the Administration could contact the school district
in this regard.
Mayor Hutto pointed out that the next regularly scheduled
meeting is January 11 and questioned whether there would be
sufficient time to allow for negotiation.
In response to a question from the Mayor, Air. Erwin
stated that he had no way of knowing what Thomas Y. Pickett's
reaction would be to a proposal to contract with both the
school district and the City of Baytown under a joint contract.
Councilman Cannon stated that he felt that Thomas Y.
Pickett was probably utilizing information developed for
both systems now; therefore, the City would likely not
benefit substantially by a joint contract with the school
district. Councilman Cannon moved for the adoption of the
ordinance; Councilwoman Caffey seconded the motion.
Councilwoman Caffey suggested that Council act on this
contract, but that the Administration check on the possibility
of a joint contract for next year.
Mayor Hutto pointed out that it is not an uncommon
practice to charge a set amount for services performed, even
though two entities may be involved. This company has
always performed satisfactorily and will even go to court on
the City's behalf in the event of a suit.
Mr. LeFevre, Director of Finance, stated that the City
had obtained a proposal approximately three years ago which
was approximately four times what Thomas Y. Pickett was
proposing. The vote follows:
Ayes: Council members Johnson, Wilbanks, Caffey,
and Cannon
Mayor Hutto
Nays: Councilman Kloesel
ORDINANCE NO. 2591
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF
THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST
TO A CONTRACT WITH THOMAS Y. PICKETT & COMPANY, INC. FOR
INDUSTRIAL APPRAISAL SERVICES AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Councilman Johnson explained that he had supported the
motion because he was concerned that at present the City
does not have a contract with Thomas Y. Pickett. He went on
to say that the possibility of a joint agreement with the
school district should be considered for next year.
Ordinance - Setting the Time and Place for a Public Hearing
on the Annexation of C. A. Wright Subdivision
This is a small subdivision composed of 24 lots which
is located just north of Massey- Tompkins Road. The developer
of this subdivision has requested annexation. The ordinance
provides for a public hearing on January 11 at 7:00 p.m.
The Administration recommended approval.
17
61Z14-1d
Minutes of the Regular Meeting - December 14, 1978
Councilman Johnson moved to adopt the ordinance; Councilwoman
Wilbanks seconded the motion. The vote follows:
Ayes: Council members Johnson, Kloesel, Wilbanks,
Caffey, and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2592
AN ORDINANCE SETTING A DATIE, TIME AND PLACE FOR A PUBLIC
HEARING ON THE PROPOSED ANNEXATION OF C. A. WRIGHT SUBDIVISION
BY THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE
CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Ordinance - Awarding the Bid for the Purchase of Radio
Eauipment
For the last 3 - 4 years the practice has been to
purchase radio equipment through the Houston - Galveston Area
Council, which saves the City from $200 to $300 on mobile
radios even though the City must pay 3% to H -GAC to cover
their costs. Motorola is low bidder on Items No. 1, 3, 4,
and 6. RCA is low bidder on Items No. 2 and 5. For tabulation
of bids, see Attachment "A." The Administration recommended
approval of the ordinance.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Johnson, Kloesel, Wilbanks,
Caffey, and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2593
AN ORDINANCE AUTHORIZING PURCHASE OF RADIO EQUIPMENT; DIRECTING
PAYMENT OF THIRTY THOUSAND SEVEN HUNDRED THIRTY -SEVEN AND
26/100 ($30,737.26) DOLLARS TO HOUSTON - GALVESTON AREA COUNCIL;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
The pagers being purchased were for regular firemen to
be called out on overtime basis. Councilman Kloesel suggested
that the purchase of pagers for volunteer firemen be considered
as an alternative to the siren method. Mr. Lanham said that
this might be something that Council might want to consider
next budget year.
Ordinance - Awarding the Bid for the Purchase of Herbicide
Application System
Two bids were received for the purchase of a herbicide
applicator system. For tabulation of bids, see Attachment
"B." The low bidder was Simon J. Burg Company for the
amount of $5,253. This is the system that attaches to the
front of a pickup so that the driver may operate the system.
The bids are above estimate, but there is money in the Parks
capital budget to make up the difference. The Administra-
tion recommended approval of the ordinance.
Councilman Johnson moved for the adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Johnson, Kloesel, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
81214 -14
Minutes of the Regular Meeting - December 14, 1978
ORDINANCE NO. 2594
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
ACCEPTING THE BID OF SIMON J. BURG COMPANY INC. FOR THE
PURCHASE OF A HERBICIDE APPLICATOR SYSTEM AND AUTHORIZING
THE PAYMENT BY THE CITY OF THE SUM OF FIVE THOUSAND TWO
HUNDRED FIFTY -THREE AND NO 1100 ($5,253.00) DOLLARS.
Ordinance - Authorizing Final Payment on the Municipal
Service Center Storage Yard Paving
The total on that project is $24,076 which represents
an overrun because more asphalt was necessary to complete
the project than anticipated. The work is satisfactory and
the Administration recommended approval of the ordinance.
Councilwoman Caffey moved for adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Kloesel, Johnson, Wilbanks,
Caffey, and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2595
AN ORDINANCE APPROVING AND ACCEPTING THE PAVING OF THE
MUNICIPAL SERVICE CENTER EQUIPMENT STORAGE LOT BY ANGEL'S
EQUIPMENT COMPANY; FINDING THAT THE PAVING IS IN ACCORDANCE
WITH THE TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEER'S
CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL
PAYMENT TO THE SAID ANGEL'S EQUIPMENT COMPANY AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Awarding the Bid for the Purchase of Utility
Vehicles
This bid consisted of two items. First was the purchase
of a 3/4 ton pickup truck for the Planning and Traffic
Department to be utilized as a bucket truck. Low bid on
this item was $5,824.70, submitted by Baytown 1.1otors. The
second item was a red station wagon for the Fire Department.
The low bidder is Vinson Baytown Dodge for the amount of
$5,398.44. For bid tabulation, see Attachment "C." The
Administration recommended approval of the ordinance.
Councilman Johnson moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Johnson, Kloesel, Wilbanks,
Caffey, and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2596
AN ORDINANCE APPROVING THE PURCHASE OF UTILITY VEHICLES BY
ACCEPTING THE BIDS OF BAYTOWN MOTORS FOR ITEM NO. 1 AND
VINSON BAYTOWN DODGE FOR ITEM NO. 2 OF THE CITY OF BAYTOWN
BID NO. 7811 -9; AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN FOR EACH ITEM AS SET OUT BELOW.
Ordinance - Awarding the Bid for the Sandblasting and
Painting of an Elevated Storage Tank
Four bids were received for the reconditioning of an
elevated storage tank. For bid tabulation, see Attachment
"D." The low bid was that of Water Tank Service Company for
the amount of $19,998. This is the firm that did the work
on the East James Street water tower. The Administration
recommended approval of the ordinance.
81214 -15
Minutes of the Regular Meeting - December 14, 1978
Councilman Johnson moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Johnson, Kloesel, Wilbanks,
Caffey, and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2597
AN ORDINANCE AWARDING THE CONTRACT FOR RECONDITIONING OF AN
ELEVATED WATER STORAGE TANK TO WATER TANK SERVICE COMPANY
FOR THE SUM OF NINETEEN THOUSAND NINE HUNDRED NINETY -EIGHT
AND N01100 ($19,998.00) DOLLARS.
Ordinance - Authorizing the City Manager to Make an Offer
to Purchase 2.424 Acres of Land
This will be discussed in executive session.
Review a Summary Report of Transportation Facilities
Inventory Conducted by the Office of Transportation
Planning, Department of Planning and Traffic, a FHWA
112 Sponsored Project
Fred Hays and Greg Black compiled the data for this
report. Mr. Hays gave Council a brief summary. He stated
that the inventory report fulfills the requirement of Elements
2.2, Transportation Facilities Data, included in the 1978
Unified Work Program between the City of Baytown and the
Houston - Galveston Area Regional Council. In the report is a
brief summary of the data collected. Such items as street
length, right -of -way width, number of lanes, median width,
sidewalks, number of curbs, shoulders, surface conditions,
traffic volume, accidents, etc. were taken into consideration.
A sample of what is defined as major and minor streets was
taken, and then the City was divided into 9 sections for
analysis purposes. What was determined from the sample was
that the majority of the streets in Baytown are either in
good or excellent condition.
Councilman Kloesel expressed concern with the fact that
the report determined that a majority of the streets in
Baytown are either in good or excellent condition. Air. Hays
re- emphasized that this report was made strictly from a
sampling.
Resolution No. 653 - Authorizing the Administration to
Renew Intergovernmental Agreement with the Houston -
Galveston Area Council for Section 112 Transportation
Planning Grant
The Administration is requesting to renew the Intergovernmental
Agreement with the Houston - Galveston Area Council to continue
the Planning Program. This grant will cover an eight -month
period and will be for the amount of $22,000. No matching
funds are required. The Administration recommended approval
of this resolution.
Councilwoman Caffey moved for the adoption of the
resolution; Councilwoman Wilbanks seconded the motion. The
vote follows:
Ayes: Council members Johnson, Kloesel, Wilbanks,
Caffey, and Cannon
D4ayor Hutto
Nays: None
81214 -16
Minutes of the Regular Meeting - December 14, 1978
RESOLUTION NO. 653
A RESOLUTION BY WHICH THE CITY COUNCIL CONCURS WITH THE
PROPOSED WORK ELEMENTS ESTABLISHED BY THE HOUSTON - GALVESTON
AREA COUNCIL'S UNIFIED WORK PROGRAM AND AUTHORIZING THE
ADMINISTRATION TO RENEW AN INTERGOVERNMENTAL AGREEMENT WITH
THE HOUSTON - GALVESTON AREA COUNCIL FOR FUNDING.
Councilman Kloesel inquired about the retirement program
for City employees. Mr. Lanham explained that on January 1,
all employees who are eligible will participate in TMRS.
The Board of Trustees for the Supplemental System is working
to phase that program out. There are a few cases where some
special provision must be made. An audit is being performed
at the present time. Mr. LeFevre explained that a reserve
will be established to protect those who are vested under
the supplemental system, but who would not be vested under
TMRS. Councilman Kloesel requested that Mr. LeFevre call
him when the audit is complete.
Hear Report on Watershed for Baytown Area
This item will be included on the next regular agenda.
Committee Reports
None.
Unfinished Business
None.
The open meeting was recessed into executive session to
discuss land acquisition. When the open meeting reconvened,
Mr. Lanham explained that a copy of Proposed Ordinance No.
81214 -10 was at each Council place and recommended approval
of that ordinance, which authorizes the Administration to
make an offer to Jim Ball of $6,500 per acre for approximately
2.243 acres of land.
Councilman Johnson moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Johnson, Kloesel, Wilbanks,
Caffey, and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2598
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER
ON AND PURCHASE 2.434 ACRES, MORE OR LESS, FROM JIM BALL
INTERNATIONAL, INC. OR OTHER PARTIES OF INTEREST; AUTHORIZING
THE PAYMENT BY THE CITY OF THE SUM OF SIX THOUSAND FIVE
HUNDRED AND N01100 ($6,500.00) DOLLARS PER ACRE; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
There being no further business to be transacted,
Councilman Johnson moved for adjournment; Councilman Kloesel
seconded the motion. The vote was unanimous to adjourn.
Eileen P. Hall
City Clerk
81214 -17
Minutes of the Regular Meeting - December 14, 1978
EXHIBIT "A"
CITY O F BAYTO WN
TITLE: RADIO EQUIPMENT B!D TABULATION
BID: HGAC
DATE � z -4 -7s
ITEM
QTY
DESCRIPTION
R.C.A.
MOTOROLA
UNIT
RrCE
EXTENDED
uNrT
EXTENDED
UN1T
X ENDED
UNIT
EXTENDED
UNIT
EXTENDED
1
4 each
MOBILE, 110 Watt, VHF
$1,267.0
$5,068.00
1,122.00
$4,488.00
2
1 each
HANDIE TALf.IE, 6 lJatt, VHF
1,120.00
1,356.00
3
10 each
VOICE PAGERS, VHF �
250.0
2,500.00
198.00
1,980.00
4
16 each
MOBILE, 110 lJatt, VHF
1,267.0
20,272.00
1,122.00
17,952.00
5
1 each
HANDIE TALKIE, 6 Watt VHF
1,120.00
1,356.00
6
2 each
HANDIE TALKIE, 6 Watt, UHF
NO BID
1,591.00
3,182.00
NOTE: 3� must be added to cover
HGAC expenses
w r \AAA TAT A
VY'(VJJ 1 V f HL
cESS oisc. ;:
I'T:.. TOTA L
81214 -19
Minutes of the Regular Meeting - December 14, 1978
EXHIBIT 'B"
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81214 -20
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81214 -20
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81214 -21
Minutes of the Regular Meeting - December 14, 1978
EXHIBIT "C"
T1TL E� UTILITY VEHICLES '
N B 1 D• 7R „ -� --
�' DATE IJOVEt.'BER 28, 1978
CITY OF BAYTOI�/N
B1 D TABULATION
N
r-i
ITEM QTY DESCRIPTION � BuN° EXTENDED UNST EXTENOEDi UNIT xrENDED UN1T EX7ENDE0 UNIT EXTENDED ',
R ir�
1 1 each PICKUP TRUCK, 3/4 TON, LONG,
WIDE 8 FOOT BID, T'LELTSIDE STYLE,
COLOR WHITE. $5,824.70 NO BID $5 >895.00 $5,997.0!*
Aiake &Model GMC TC 2 903 Chevro t C -20 Ford F -2 0
II 1 each STATION WAGON, 4 door, COLOR RID $5,603.90 $5,398.44 $5,600.00 $5,666.85
Make &Model Pontiac ;Lemans Dodge A en Chevrol t Malibu Ford Fa rmont
DELIVERY A.R.O.
90 days1 � 60 -90 d�ys � 90 days � � 45 days .
CROSS ToTA � .
LESS O1SC. .
� ! �'T TOTAL .;: � .
��LIVERY �� '
' 1 I 1 ..
.� � .` �.
t'
81214 -23
Minutes of the Regular Meeting - December 14, 1978
EXHIBIT "D"
TITLE: RECONDITION ELEVATED WATER STORAGE TANK
`" BID 7s1z -11
N
1
�' DATE December 13. 1978
�.
ITEMI QTY � DESCRIPTION
RECONDITION ELEVATED 1JATER ',
STORAGE TANK
1. 1 lot Repairing, Sandblasting and
Painting, lJest Main Elevated
Water Storage Tank
2. 1 lot Lettering Elevated Water
Storage Tank
COMPLETION TIME A.R.O.
GROSS TOTA L
.;LESS DISC.
` 'F.T, �TOTi4 L ���
.,
�L'' tVERY � ; ��;.
CITY OF BAYTOWN
B1D TABULATION
MID SOUT TANK CO DEA
UNIT EXTENDED UNIT EXTENDED UNI
None Gi
1.
519,998.00
No Charge
45 days
523,350.00
700.00
g0 days
23,000.00
1,500.00
UNIT EXTENDED UNIT EXTENDED
None Gi
S24,000.o0
250.00
Slp,g98.00 524,o5a.o0 $2� +,Soo.oO � 524,250.00
.:;.