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1979 04 26 CC Minutes90426 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 26, 1979 The City Council of the City of Baytown, Texas, met in regular session on Thursday, April 26, 1979, at 6:30 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Fred T. Philips Jimmy Johnson *Ted Kloesel Mary E. Wilbanks Eileen Caffey Allen Cannon Emmett 0. Hutto Fritz Lanham Dan Savage Randy Strong Eileen P. Hall Absent: Scott Bounds Councilman Councilman Councilman Councilwoman Councilwoman Councilman Mayor City Manager Assistant City Manager Assistant City Attorney City Clerk City Attorney Mayor Hutto called the meeting to order and the invo- cation was offered by Councilwoman Wilbanks. Minutes Councilman Johnson moved for the approval of the minutes of the regular meeting of April 11, 1979; Council- woman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks, Caf f ey and Cannon Mayor Hutto Nays: None Receive Petitions None. City Manager's Report Bond Sale - At the last meeting, plans were discussed for a bond sale which was scheduled for May 10. In that regard, a trip to New York has been scheduled, where the Mayor, City Manager, and Tom Masterson, Fiscal Advisor, shall meet with rating firms on Tuesday, May 1, seeking to upgrade City's bond rating. Legislation was introduced in Washington yesterday that changes the picture somewhat with respect to scheduling the City's bond sale, and Mr. Masterson has suggested postponing the sale for two to four weeks. host cities, except in the State of Texas, have the authority to issue tax exempt housing bonds. Sometimes called mortgage revenue bonds which are used to assist purchasers of homes -- primarily the low and moderate income people. The municipality issues tax exempt bonds and some way this money is either loaned to purchasers of homes or used to guarantee the loans that may be obtained from financial institutions. The cities in Texas do not have that authority. However, the Texas Legislature is considering a bill this year that would permit it. Yesterday, legislation was introduced that would eliminate that authority for cities to issue mortgage 90426 -2 Minutes of the Regular Meeting - April 26, 1979 revenue bonds. Mr. Masterson indicated that approximately 50 percent of the municipal bonds on the market today are mortgage revenue bonds. This possible change in the law has resulted in a greater demand for municipal bonds used to build municipal facilities. There has been an improvement in the interest rate today and it is Mr. Masterson's feeling that this interest rate may continue to improve because there will be an increase demand for the traditional municipal bonds. Mr. Lanham commented that the Administration would like to delay receipt of the bids, but go ahead with the planning in an attempt to receive bids at the most advan- tageous time. Mayor Hutto recognized Bill Blitch, representative of Underwood, Neuhaus & Company, who concurred with Mr. Masterson. Mr. Lanham commented that this legislation could very well benefit cities such as Baytown in terms of the interest rate that the City would pay. Keep America Beautiful Day - Baytown is participating with other cities all over the country in the Keep America Beautiful Day this Saturday, April 28. As the City of Baytown has done in the past years, garbage trucks will be parked at various fire stations and citizens are encouraged to bring trash or old furniture and other things that they would like to have hauled away to those locations. The Refuse Department will haul it away on Monday. Texas !Municipal League - The Texas Municipal League sponsored Institute for Mayors, Council Members and Com- missioners is scheduled to be held in San Angelo beginning Saturday, June 9 and continuing through June 12. Mr. Lanham asked that if any Council members would like to attend, please notify him so that arrangements may be made for reservations. 1978 Street Improvement Program - All of the work has been completed. 1979 Street Improvement Program - Lazy Lane and Leavins Street are both ready for asphalt and reconstruction is in process on Kilgore Road. The contractor is keeping one side of Kilgore Road open as he works in that vicinity. The contractor is making very good progress on this project. Signal Installation Program - Several of the new signals have been placed in service. The signals at the intersections of Baker and Main, North Pruett and Defee, North Pruett and Lobit, North Pruett and Sterling, and North Pruett and Park have all been placed in operation. The next signals to be placed in service are at the intersections of North Pruett and Texas, Commerce and Defee, and Sterling and Defee. Material is on hand for the contractor to complete those signals at the intersections of Alexander and Texas, Alexander and James, Alexander and Fayle, Alexander and James Bowie Drive, and Alexander and Cedar Bayou. Street Assessment Projects - On Ashleyville Street, the south half of the street is being formed in preparation for pouring concrete. On Lynchburg Road, half the street is formed and the steel is in place. The contractors should pour concrete this week or early next week. On Wye Drive, the south half of the street is formed in preparation for pouring. Sports Complex Neighborhood Center - Final inspection was held yesterday and there were problems that the Admin- istration will ask the contractor to correct before the Administration recommends acceptance. Jenkins - Hollaway Park Pavilion - The slab is formed, and plumbing and electrical work in the slab is finished. 90426 -3 Minutes of the Regular Meeting - April 26, 1979 Questions and Comments Regarding the City Manager's Report Councilman Johnson expressed concern that the Optimists' Club is participating in the cost and spreading of dirt for the baseball fields at Jenkins - Holloway Park. He felt the City of Baytown should bear the entire cost of the dirt, rather than requesting participation from a civic group, and requested that an item be placed on the agenda for the next Council meeting. In response to an inquiry from Councilman Cannon, Mr. Lanham explained that the State Highway Department is planning to install pumps at the underpass on Spur 201 to alleviate the flooding problem. Plans are to open Spur 201 ", very soon. Since the flooding had diverted much traffic onto Missouri, Councilman Kloesel requested that the County be contacted to repair Missouri. The response from the Administration concerning the dumping problem at Bayland Park is that the section where dumping is prevalent will be fenced this summer. Keys will be distributed to those persons owning property behind the park and those persons who need access to the oil wells. An Army Reserve unit trains out there, and Mr. Rountree has solicited their aid in clearing the area. Mayor Hutto informed Council that a new bill has been introduced into the Texas legislature which would affect appointments to the Port Commission of the Port Houston Authority. The bill would increase the members from 5 to 7, and provide for three to be appointed by Houston City Council, three to be appointed by Harris County Commis- sioners Court, and one to be appointed by Pasadena City Council. Presently, two appointments are made by Houston, two by Harris County Commissioners, and one jointly by a majority vote of the county and cities within the county other than Houston. Mayor Hutto solicited comments from Council regarding this proposed legislation. Council favored the Mayor writing a letter expressing that Council does have concern with the proposed structure. Also, Councilman Cannon said that perhaps the sponsor of the bill might want to have a representative speak to Council to present justification for the proposed change. Mayor Hutto stated that he would write a letter in this regard and requested that an item in this regard be placed on the next agenda. Consider application of Floyd Allred, owner of J. J.'s Club, 215 North Alexander, for Mixed Beverage and Mixed Beverage Late Hours Permit At the last Council meeting, the Council received a petition signed by residents and property owners who live in '" the vicinity of J. J.'s Club. Also, in the agenda packet was included a letter signed by three or four additional property owners and residents living in that vicinity. Randy Strong, Assistant City Attorney, explained to Council that the Alcoholic Beverage Code provides three options: (1) The Mayor may recommend the granting of the permit; (2) the Mayor may recommend against the granting of the permit; or (3) no action could be taken. Residents of the surrounding neighborhood were present to express their concerns. Some of which included the fact that patrons of the club park on the street in front of homes disturbing the residents with loud and abusive language and street brawls. Beer bottles and cans have been strewn in the residents' yards and one lady in particular has had them hurled at her home. 90426 -4 Minutes of the Regular Meeting - April 26, 1979 The owner of the club, ?fir. Floyd Allred, was present. He stated his willingness to install lights and strip the parking lot so that the patrons of the club could park on the parking lot and away from the neighborhood homes. He also voiced his willingness to hire security help. Mr. Simon, owner of the buildi located, addressed the Council. Mr Council that he would work with Mr. lights are installed in the parking stripped. Also, he would encourage wood fence in front of the existing ag where the club is Simon assured the Allred to see that area and the area is Mr. Allred to erect a cyclone fence. Council determined that the Alcoholic Beverage Com- mission should be forwarded a copy of the petition, and a transcript of the minutes, along with a written statement from Mr. Allred wherein is stated what solutions are proposed. Receive U. S. Corps of Engineers' Design Memorandum for Brownwood Relocation Project On April 9, 1979, the Administration received a docu- ment from the Corps of Engineers which is a draft copy of Phase I, Phase II, and Real Estate Design Memorandum. This relates to the Brownwood clearance project. The Administra- tion was asked to review this and submit any comments or views on this document by the 30th of May. The City staff is in the process of reviewing the document and the Admin- istration plans to have an item on the next agenda regarding this matter. The Corps of Engineers asked that the City Council pass a resolution regarding City sponsorship of this project. The Administration has placed an excerpt of the document at the Council table. The excerpt describes in detail the Corps of Engineers plan for the acquisition of property, acquisition criteria, dwelling removal, disposal of material, utility service systems, acquisition sequence, wetland creation, management of the property that remains. The document also covers the cost of the Project Plan. The estimated first cost for the proposed project plan is $36,667,000. That includes the portion of the project that is outside the city as well as that portion inside the city. The Administration does not have an exact figure on that but it is between $1,000,000 - $1,025,000. The City's commit- ment is to act as local sponsor and the local share of this cost is 20%. The City's cost will be approximately $7,000,000 - $7,250,000. Councilwoman `'lilbanks inquired as to what would be involved from the City's standpoint in order to get ready for a bond election since the City of Baytown is the local sponsor. Mr. Lanham commented that it is his suggestion that the Council schedule a work session before the next Council meeting and that the Council invite Jerry Woodward, who works with the Corps of Engineers and has been involved in this project from the very beginning. Mr. Woodward is available to meet with Council. Congress has not taken final action on the federal appropriation but the appropriation is included in the President's recommended budget - -funds to fully fund the federal share in one year. That does not mean that all of the property will be bought in one year. The report indi- cates that it may take a few years to buy all of the prop- erty in the Brownwood area. Therefore, if bonds are voted, there would be no necessity to sell all the bonds within one year. Mr. Lanham suggested that a work session be held with Mr. Woodward prior to the next Council meeting at 5:30 p.m. Probably there will be an item on that agenda relating to this report, and again indicating the City's willingness and interest in serving as a local sponsor. The next step after 90426 -5 Minutes of the Regular Meeting - April 26, 1979 that is to determine when Council would like to schedule a bond election. Mr. Lanham further commented that Congress- man Eckhardt indicated that although the funds have not actually been appropriated, and the bill has not passed Congress, the decision has definitely been made on the 800 federal participation. The funds are in President's budget and the various committees of Congress have acted on it. Therefore, Mr. Lanham felt that there is no reason to believe that it would not be approved. If bonds should be voted before Congress acts and signs the appropriation bill, the fact that the bonds are voted does not necessitate the sale. The bonds can be sold as needed. Councilwoman Wilbanks commented that in order for Council to determine the best time for a bond election, Council needs to know to what extent the City must par- ticipate. Mr. Lanham explained that the Corps of Engineers developed the figures and these are the figures that will be used unless updated. The figures that are presented in the report are updated from the figures that were initially developed four or five years ago. At that time, the esti- mate was about $7,000,000. Mr. Lanham responded to City has cost estimates as t bring the sewer system up to water system. The estimates .fifteen years of operation. and costs of operation. questions from o what would be standards, and were developed Estimates incl- Council that the required to to improve the on the basis of ade initial costs The funding of the Lynchburg area would be handled by 80% federal participation and 20% county. A work session will be scheduled before the next regular meeting for 5:30 p.m. Resolution No. 670 - Regarding Water and Sewer Service to San Jacinto Mall and Lake Municipal Utility District The developers of the San Jacinto Mall and the Lake Municipal Utility District have requested water and sewer service from the City. Proposed Resolution No. 670 provides a basis for the City to provide these services. This is not the contract but this resolution indicates that a contract will be developed and presented to Council at its regular meeting on May 24. The owners of the proposed mall requested that a document such as this be considered and adopted by the City Council. In Section 1, the resolution indicates that the City desires to reach an agreement with the developers of the San Jacinto Mall to provide water and sewer service to the San Jacinto Mall. In Section 2, the Council declares its desire to provide water service to the Lake Municipal Utility District. It further declares its intent to discuss with the utility district the possibility of providing sewer service. Lake Municipal Utility District is north of Interstate 10 and the proposed San Jacinto Mall will be located at the intersec- tion of Garth Road and Interstate 10. The City would have a different type agreement with the Lake Municipal Utility District because initially, the utility district will not be in the city limits. In Section 3, the City indicates that it is willing to act as Contracting Agent for construction of both water and sewer facilities and that it is willing to accept alternate bids for construction so that the City may elect to partici- pate in the cost of installation of larger water and sewer lines with the City's cost being only the difference between the larger lines and the proposed lines. In other words, the owners of the shopping center and the developers of the 90426 -6 Minutes of the Regular Meeting - April 26, 1979 Municipal Utility District would be responsible for the total cost of construction of the facilities that are necessary to serve their property. If the City wants larger lines, then the City would pay the difference. The City could take bids on that basis with the option of rejecting the alternate bid, if too costly. A tentative date for taking bids on the utility lines is June 11, and the con- tract would be awarded June 28. Target date for completion is October 15. In Section 4, the City declares that it has the capac- ity to treat wastewater from the San Jacinto gall and that if agreement is reached with the Lake Municipal Utility District, it will add sufficient capacity to treat waste- water from that district. The reason for the differences is that San Jacinto Mall will be in the city limits and will be treated as any other user of City service within the city limits. In response to a question from Councilman Philips, wastewater from the shopping center is estimated to amount to 216,000 gallons per day. San Jacinto Mall will be paying the cost of building their share of the lift station and a force main to carry the effluent to the City's sanitary sewer line which is located in the vicinity of the Gulf Coast Hospital. Ivan Langford of Langford Engineering, explained that the line in the vicinity of Gulf Coast Hospital was finished in 1967. The City built it larger up to that point with the thought that someday the City might have a sewer line that would go along the east fork of Goose Creek Stream. An existing sewer line that extends up Garth Road to Baker Road is not large enough to handle the wastewater from the mall and utility district. This line originally was installed to serve Sterling High School, and since then, Baytown Sports Complex and the Dent Addition have been connected. Councilwoman Wilbanks inquired if the City has to increase its capacity to accept the wastewater from the Lake Municipal Utility District, would the City have to make that decision before the June 21 bid date. Mr. Lanham commented that he is not sure that that decision can be made by that time because the next item on the agenda relates to this and it involves a study of the capacity of that plant and the buy -in cost for the Lake Municipal Utility District. The Administration is recommending that since one of these customers will be in the city limits and the other will not, that they be treated differently. A formal agreement will have to be reached for providing sewage treatment for the Lake Municipal Utility District because it is outside the city limits and the district will be asked to pay for en- larging the treatment plant capacity to handle its load- - estimated 400,000 gallons per day. In the Administration's discussion with Lake Municipal Utility District, this approach was deemed satisfactory. In Section 5, the Council declares its intent to annex the area containing the proposed mall. The owners have requested that this be done right before the San Jacinto Mall is to be opened. Mr. Lanham explained that he is not sure that this Council can commit what the next Council might do in that regard. Councilman Philips inquired if there would be a problem with performing capital improvements in an area that the City has not annexed. Mr. Lanham responded that he will need to check with the attorneys in this regard. In Section 6, the resolution sets forth a schedule of events for the provision of these services. In Section 7, this authorizes the City Manager to direct that the City prepare the proposed agreements. The Administration recommended approval of the resolution. 90426 -7 Minutes of the Regular Meeting - April 26, 1979 Councilman Kloesel moved for adoption of the reso- lution. Councilman Kloesel commented that he felt that there might be legal problems in this and an accelerated annexation plan might need to be included in this. Council- man Kloesel further stated that the City has territorial jurisdiction beyond the City and a planning area. David Stautz, developer for Paul Broadhead and Asso- ciates, commented that someone will be in Baytown to meet with the Building Inspector to make sure that everything that they are building will be in accordance with the City Code. He further explained that the way these projects usually work is that each of the department stores that will be built in the mall will buy and build their own buildings. This provides detailed information for taxation purposes. Councilman Johnson seconded the motion. Councilman Philips inquired how the City can actually meet the November 1 in- service date? Mr. Stautz explained that this is an attempt to have the construction of these utilities occur simultaneously with the construction of Garth Road. Mr. Lanham explained that the City does not have any legal obligation to meet this requirement. He felt that this is a goal for the City to work toward. Mr. Lanham explained that in connection with annexa- tion, an advantage to the City in not annexing this area early is that the City of Baytown does not have to provide city services until it is annexed; that is, police and fire protection. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 670 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN EXPRESSING THE CITY'S DESIRE TO PARTICIPATE IN A PROPOSED PROJECT TO EXTEND WATER AND SEWER SERVICE TO THE PROPOSED SAN JACINTO MALL AND LAKE MUNICIPAL UTILITY DISTRICT. Consider Authorizing Langford Engineering to Prepare Engineering Report on West Main Sewage Treatment Plant Expansion Because of the request for sewer service outside of the city limits in the area served by the Central District, it is necessary to consider expanding the West Main Sewage Treatment Plant. One of the potential customers for sewer service is the Lake Municipal Utility District. Council has received a copy of a letter from Ivan Langford, Jr. of Langford Engineering, Inc. regarding a proposal to prepare a preliminary engineering report on expansion of the West Main Sewage Treatment Plant. The Administration had asked for this proposal for Council's consideration because the owners of the Lake Municipal Utility District are interested in the City's moving ahead as rapidly as possible on this. The West Main Sewer Treatment Plant was completed in 1975 with a capacity of 4.7 million gallons per day. However, certain parts of the plant were built to a capacity of 6.7 million gallons per day. There would have to be additional construction to add this 2 million gallons per day to the plant. It is the Administration's feeling that if the Lake Municipal Utility District is going to buy into this plant, cost should be determined not only for expansion of the plant, but the cost of the initial plant. This would require a great amount of study and the development of cost figures as far back as 1965. Mr. Lanham commented that it would be possible to add one -half million gallons per day or any multiple of that. Mr. Langford commented that one -half •l• Minutes of the Regular Meeting - April 26, 1979 million gallons was selected because this was about the capacity of the Lake Municipal Utility District. The two million gallons per day was selected because that is about all the expansion possible at that site, unless the City acquires property south of the plant across the gulley- -the old Gulf Oil Company. Mr. Langford felt that this is an appropriate time to consider expanding the plant to capacity versus the cost to expand to serve the Lake Municipal Utility District. By expanding the plant to 6.7 million gallons per day, the City would be able to serve approxi- mately 60,000 people residing in what is called the Central Sewer District. After that time, the City would either have to take sewage either east, west or go south upon reaching this plant site. Langford Engineering will develop the historical cost so that the City will be able to negotiate with the developers of Lake Municipal Utility District on a per - gallon cost basis. Lake Municipal Utility District paying for the 500,000 gallon expansion would not represent a fair share of the cost because they would be using facilities that the City of Baytown had already constructed and funded. Mr. Lanham commented that as a result of this study, the City could negotiate with Lake Municipal Utility District, their share, based on their demand for service. Mr. Langford commented that if the City chooses to go with the 2 million gallons per day expansion, the City would be able to serve present undeveloped land within the Central Sewer District which developers in Baytown may want to develop. Mr. Lanham commented that this would enable the City to determine what a future developer's share would be. There would be no requirement that the City of Baytown build this expansion at the present time. Mr. Langford commented that at the present time, the City has approximately 1 million gallons per day extra capacity. Mr. Lanham commented that the City of Baytown needs this study and Lake Municipal Utility District is willing to pay their pro -rata share of the cost of the study. The information that will be provided by the study will be necessary to negotiate a contract with Lake Municipal Utility District for Council's approval. Lake Municipal Utility District needs that figure because bonds will be issued for the construction of water and sewer systems, streets and to pay for the initial cost of tieing into the City of Baytown system. Councilman Kloesel commented that he is certainly interested in the West Plain Sewage Treatment Plant. He feels the expansion is needed and should be well designed. Councilman Kloesel moved that the Council authorize Langford Engineering to prepare engineering report on West Main Sewage Treatment Plant expansion; Councilwoman Wilbanks seconded the motion. The Administration suggested that inasmuch as the City is using this approach - -a buy -in charge to reserve a portion of the plants capacity for Lake Municipal Utility District, charges for service should be rendered on the same basis as to residents of the City. Anytime rates are increased for service, residents of Lake Municipal Utility District will have their rates increased accordingly. The sludge beds do present odor problems and that will be looked at very carefully because that is the one area that the plant would presently be classified as deficient under the present design criteria of the state. Also, in the planning a larger centrifuge will be considered. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto 90426 -9 Minutes of the Regular Meeting - April 26, 1979 Nays: None Mayor Hutto declared a 10 minute recess. Ordinance - Amending Section 27 -74, Street Lights Mr. Lanham commented that he received a call yesterday from Jim Schaefer, District Manager of Houston Lighting & Power, who indicated that Houston Lighting & Power is going to take another look at their announced policy of a manda- tory change to sodium vapor lights. Mr. Lanham suggested no action be taken until further notification by Houston ( Lighting & Power. Ordinance - Authorizing Conveyance of Right of Way and Pipeline Easement through City's Interest in Goat Island Dow Chemical has requested that the City authorize the conveyance of a right of way and pipeline easement through the City's interest in Goat Island to that company. The City has granted similar easements through this area. An appraisal was made of the easement; a value of $500 was assessed. The Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2655 AN ORDINANCE AUTHORIZING THE CONVEYANCE OF A RIGHT OF WAY AND PIPELINE EASEMENT UNDER, UPON, OVER, AND THROUGH LAND IN WHICH THE CITY OF BAYTOWN OWNS AN UNDIVIDED NINE - TENTHS (9/10) INTEREST AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO INSTRUMENTS GRANTING RIGHT OF WAY AND PIPELINE EASEMENT TO DOW CHEMICAL COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Awarding the Bid for an Automatic Pool Controller Two bids were received for an automatic pool controller for the Parks and Recreation Department. The bid tabulation follows: Stranco $4,495.00 Pool Tech of Texas $3,291.00 The low bid of Pool Tech of Texas does not meet specifi- cations. The bid of Stranco exceeds the budget by $295. The Administration recommended that the bids be rejected and that the City readvertise for bids. Councilwoman Caffey moved to accept the recommendation of the Administration; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 90426 -10 Minutes of the Regular Meeting - April 26, 1979 Ordinance - Authorizing City Attorney to Make an Offer on Behalf of the City for Purchase of Bayway Drive Right of Way This item was discussed during the executive session. Ordinance - Authorizing the Removal of Traffic Signals at West Main, South Main, and South Alexander Intersections The traffic signals at the intersection of West Main, South Main, and South Alexander have been sacked for several months. The Administration expected to have a recommen- dation from the Council's Traffic Committee but the meeting scheduled for April 25 could not be held for lack of a quorum. The signals at this intersection have been sacked on a trial basis with no problems. Councilman Cannon moved for adoption of the ordinance; Councilman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2656 AN ORDINANCE PROVIDING FOR THE REMOVAL OF A SIGNAL INSTAL- LATION AT THE INTERSECTION OF SOUTH MAIN, WEST MAIN, AND SOUTH ALEXANDER DRIVE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Authorizing an Amendment to the Water Supply Contract Between BAWA and the City of Houston This is a recommendation from the Baytown Area Water Authority Board. At the time of the last BAWA bond sale, the Board had considered basing the sale on twenty -five years, rather than twenty, but discovered this was impos- sible because the contract with Houston for purchase of untreated water is for twenty years. The BAWA Board felt that the City should have the option of issuing bonds with a maximum maturity of 25 years. In order to do that, it is necessary to extend the City's contract with the City of Houston. This amendment to the water supply contract should help in selling additional bonds for the transmission lines from the BAWA Treatment Plant. The Administration recommended approval of the ordinance. In response to a question from Councilman Kloesel, Mr. Lanham explained that the City's contract with the City of Houston provides that the City of Baytown pay the rate that is in their ordinance. Councilwoman Wilbanks moved for adoption of the ordi- nance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council.members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2657 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE SURFACE WATER SUPPLY CONTRACT BETWEEN THE CITY OF HOUSTON AND BAYTOWN AREA WATER AUTHORITY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 90426 -11 Minutes of the Regular Meeting - April 26, 1979 Consider Authorizing Advertisement for Bids by BAWA for Water Line Valves Engineers from the firm of Lockwood, Andrews and Newnam, consultants on the BAWA Water Treatment Plant, are working on plans and specifications for the transmission lines that would bring the treated water from the treatment plant north of Interstate 10 into the city to connect with the City of Baytown's water system at two points. Those transmission lines will require 25 valves. The estimated cost of those valves is $60,000, with a delivery range from 12 to 30 weeks. To prevent the delaying of the completion of the water transmission lines, the engineers have recom- mended and the BAWA Board has approved, subject to Council's approval, the advertisement for bids to purchase the nec- essary valves. Two advantages to this early purchase would be avoiding the contractor's markup and preventing delay in the construction of the line. The Administration recom- mended that Council authorize BAWA to advertise to receive bids for purchase of these water line valves. Councilman Philips moved to accept the recommendation of the Administration; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Consider Authorizing Appraisal of Airport Property This item will be discussed during executive session. Consider Request of Sterling High School Band Association for Police Escort to Canon City, Colorado Council has received a copy of a letter from Jim Jones, President of the Sterling Band Association, requesting that the City provide a police escort for the band's trip to the Canon City Music and Apple Blossom Festival in Canon City, Colorado. Mr. Jones has obtained the services of two volun- teers from the Police Department who are willing to use vacation time for this trip. Mr. Jones indicated in his letter the reason for the request and the benefits that the band members would derive from this escort. The request is that the City provide a police car and pay for the operation of that car for the trip. Total mileage will be between 2,500 - 3,000 miles. The Administration mentioned that aside from the precedent that might be set by this, there is a possibility of liability to the City. If the Council authorizes the use of a police vehicle, then this act would be a propriety function rather than a governmental function. The courts have held that when there is an accident or something of that sort in a propriety function, the City is liable for the acts of its agents or employees. There could be some liability problems for the police officers because they would not be acting as a City of Baytown police officer. A policeman's authority is limited to the city limits. This officer would have no more authority than any other citizen once he gets outside the city limits of Baytown. Council explored the possibility of the chartered buses providing radio communication; but was informed that this is not the case. Also, the question was raised as to the legality of expending tax funds toward this type service. The Assistant City Attorney felt that this would be ques- tionable, particularly if the City were to pay for the gas. The school district had authorized the trip, but no funds had been allocated toward the trip. 90426 -12 Minutes of the Regular Meeting - April 26, 1979 Councilman Johnson moved that the request be granted. The motion died for lack of second. Councilman Cannon moved that the request be approved provided that at some point in time, the City be reimbursed at the rate of $.17 per mile to cover the expenses of the car. Councilman Johnson seconded the motion. Councilman Kloesel stated opposition to the motion due to the fact he felt that this would not be proper use of City funds or property, although this would be a good cause. Councilman Kloesel also felt that a formal agreement should be executed between the association and City in the event the motion carried. Mr. Jones explained that he could not commit the association. Councilman Cannon qualified the motion to include the contingency that the Band Association agree to reimburse the City $.17 per mile. This was acceptable to Councilman Johnson. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: Councilman Kloesel Resolution No. 671 - Adopting the Citizen's Participation Plan for Community Development Block Grant Funds The Community Development Advisory Committee adopted a Citizen's Participation Plan for the Community Development Block Grant Program. The plan outlines policies and proce- dures to be followed throughout all stages of the Community Development Program, including pre - application, application, environmental review, implementation, evaluation and close- out stages. Included in the plan are procedures for pro- viding notice and participation in the Community Development Program. A Citizen's Participation Plan is a requirement for participation in the Community Development Block Grant Program. The Administration recommended approval of the resolution. Councilwoman Wilbanks moved for adoption of the reso- lution; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 671 A RESOLUTION ADOPTING THE CITIZEN'S PARTICIPATION PLAN FOR THE 1979 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE CITY OF BAYTOWN. Consider Appointments to the Wrecker Committee This will be discussed during executive session. Consider Appointments to Planning Commission This will be discussed during executive session. Consider Appointments to Plumbing Appeals and Advisory Board 90426 -13 Minutes of the Regular Meeting - April 26, 1979 This will be discussed during executive session. Consider Appointments to Board of Adjustments and Appeals (Building Code) This will be discussed during executive session. Consider Appointments to the Board of Equalization This will be discussed during executive session. Committee Reports None. Unfinished Business Councilman Cannon commented that Houston Lighting and Power is no longer providing the comparable cost figure for the same period last year. Councilman Cannon requested that Houston Lighting & Power provide the comparable cost figure for last year and for the year before. Recess and Reconvene Mayor Hutto recessed the open meeting into executive session to discuss personnel matters and land acquisition. When the open meeting reconvened, the following business was transacted: Ordinance - Authorizing City Attorney to Make an Offer on Behalf of the City for Purchase of Bayway Drive Right of Way The proposed ordinance lists the amounts to be offered to individual property owners to acquire right of way along Bayway Drive. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordi- nance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2658 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE OFFERS "` FOR AND ON BEHALF OF THE CITY OF BAYTOWN TOTALING FIFTEEN THOUSAND FIVE HUNDRED THIRTY AND 90/100 ($15,530.90) DOLLARS TO THE OWNERS, OR OTHER PARTIES IN INTEREST FOR THE ACQUI- SITION OF CERTAIN INTERESTS IN EIGHT TRACTS DESCRIBED HEREIN REQUIRED FOR PUBLIC USE, FOR STREET, ROAD, AND HIGHWAY PURPOSES, IN FEE SIMPLE; REQUIRING THAT SUCH OFFERS BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFERS ARE REFUSED; PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Authorizing Appraisal of Airport Property Authorization would include obtaining appraisals of Humphrey Airport improvements which would include the buildings that are used for airport purposes, runways, lighting, all improvements that are part of the airport 90426 -14 Minutes of the Regular Meeting - April 26, 1979 operation. Councilman Philips moved that the Council authorize the Administration to hire appraisers to determine the value of the Humphrey Airport; Councilman Johnson seconded the motion. Councilman Kloesel made a motion to amend the original motion to receive an appraisal of the entire property, in- cluding land. He felt that this would be of value to the Council in making any decision and also to the taxpayers. Councilman Philips stated that he would be willing to amend the motion to include an appraisal of the real estate as well as the capital improvements so that Council would have two distinct figures to consider; Councilman Kloesel withdrew his amendment to the motion, and seconded the motion that was made by Councilman Philips. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Consider Appointments to the Planning Commission Councilman Johnson moved that the members presently serving on the Board be reappointed as follows: Jon Pfenning - Attorney, Charley Walker - Real Estate, and Quinn Belt - Citizen at Large, and that Richard DeSalme be appointed to fill the vacancy left by Richard Andrews as Citizen at Large; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Abstained: Councilman Kloesel Ad j ourn With no further business to be transacted, Mayor Hutto adjourned the meeting. ar Petru, Deputy ity ler APPROVED: "- P"1-'Z'Z42 te Eileen P. Hall, City Clerk