1979 05 24 CC Minutes90524 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 24, 1979
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, May 24, 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
*Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Dan Savage
Scott Bounds
Eileen P. Hall
Absent: Eileen Caffey
Councilman
Councilman
Councilman
Councilwoman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Councilwoman
Mayor Hutto called the meeting to order and the invocation
was offered by Councilman Allen Cannon. Afterwhich, Mayor Hutto
requested that Tom Masterson, the City's Fiscal Advisor, open
and read the bids for the sale of $2,880,000 Permanent Improvement
Bonds, Series 1979. The bids were opened and read as follows:
Bidder(s):
Rowles, Winston Division Cowen & Company - Manager
Blyth Eastman Dillon & Co., Incorporated
Bossier Bank and Trust Company
Maturity Interest Maturity Interest
February 1 Amount Rate February 1 Amount Rate
1980
$ 50,000
6.25%
1990
$170,000
5.35%
1981
50,000
6.25%
1991
170,000
5.40%
1982
100,000
6.25%
1992
200,000
5.45%
1983
100,000
6.25%
1993
200,000
5.50%
1984
125,000
6.25%
1994
200,000
5.50%
1985
125,000
6.25%
1995
200,000
5.60%
1986
125,000
5.815%
1996
200,000
5.60%
1987
125,000
5.25%
1997
200,000
5.70%
1988
170,000
5.30%
1998
200,000
5.75%
1989
170,000
5.30%
5.70%
1997
200,000
Total Interest Cost from June 1, 1979 $1,825,034.99
Less: Cash Premium -0-
Net Interest Cost 1,825,034.99
Net Effective Interest Rate 5.584562%
Underwood, Neuhaus & Co., Inc.
Maturity
Interest
Mat�uritL
Interest
February
1 Amount
Rate
February 1
Amount
Rate
1980
$ 50,000
6.25%
1990
$170,000
5.30%
1981
50,000
6.25%
1991
170,000
5.35%
1982
100,000
6.25%
1992
200,000
5.40%
1983
100,000
6.25%
1993
200,000
5.45%
1984
125,000
6.25%
1994
200,000
5.50%
1985
125,000
6.25%
1995
200,000
5.60%
1986
125,000
6.25%
1996
200,000
5.60%
1987
125,000
5.70%
1997
200,000
5.70%
1988
170,000
5.25%
1998
200,000
5.70%
1989
170,000
5.25%
90524 -2
Minutes of the Regular Meeting - May 24, 1979
Total Interest Cost from June 1, 1979 $1,823,585.83
Less: Cash Premium -0-
Net Interest Cost 1,823,585.83
Net Effective Interest Rate 5.5801280
C &C Southwest - (A Joint Agreement Between Cullen Bank of
Houston and Citizens National Bank of Dallas) Manager
Dean Witter Reynolds, Inc.
National Bank of Commerce of Dallas
Total Interest Cost from June 1, 1979 °$1,812,585.83
Less: Cash Premium -0-
Net Interest Cost 1,812,585.83
Net Effective Interest Rate 5.546468 %
First
Maturity
Interest
Maturity
Interest
February
1 Amount
Rate
February 1
Amount
Rate
February
1980
$ 50,000
6.00%
1990
$170,000
5.30%
1981
50,000
6.00%
1991
170,000
5.35%
1982
100,000
6.00%
1992
200,000
5.40%
1983
100,000
6.00%
1993
200,000
5.45%
1984
125,000
6.00%
1994
200,000
5.50%
1985
125,000
6.00%
1995
200,000
5.55%
1986
125,000
6.00%
1996
200,000
5.60%
1987
125,000
5.65%
1997
200,000
5.65%
1988
170,000
5.25%
1998
200,000
5.70%
1989
170,000
5.25%
5.25%
1998
200,000
Total Interest Cost from June 1, 1979 °$1,812,585.83
Less: Cash Premium -0-
Net Interest Cost 1,812,585.83
Net Effective Interest Rate 5.546468 %
First
City National Bank
of Houston
1990
$170,000
5.30%
1981
Maturity
Interest
Maturity
Interest
February
1 Amount
Rate
February
1992
Rate
5.40%
1983
1980
$ 50,000
6.25%
1990
$170,000
5.25%
1981
50,000
6.25%
1991
170,000
5.30%
1982
100,000
6.25%
1992
200,000
5.30%
1983
100,000
6.25%
1993
200,000
5.40%
1984
125,000
6.25%
1994
200,000
5.40%
1985
125,000
6.25%
1995
200,000
5.50%
1986
125,000
6.25%
1996
200,000
5.50%
1987
125,000
5.45%
1997
200,000
5.50%
1988
170,000
5.25%
1998
200,000
5.50%
1989
170,000
5.25%
Total Interest Cost from June 1, 1979 $1,791,458.32
Less: Cash Premium -0-
Net Interest Cost 1,791,458.32
Net Effective Interest Rate 5.481819%
Merrill Lynch White Weld Capital Markets Group
Bache Halsey Stuart Shields
L.F. Rothschild, Unterberg, Towbin
Greer Moreland Fosdick Shepherd
Maturity Interest Maturity Interest
February —1 —Amount Amount Rate February Ma -- _Amount_ Rate
1930
$ 50,000
6.25%
1990
$170,000
5.30%
1981
50,000
6.25%
1991
170,000
5.30%
1982
100,000
6.25%
1992
200,000
5.40%
1983
100,000
6.25%
1993
200,000
5.40%
1984
125,000
6.25%
1994
200,000
5.50%
1985
125,000
6.25%
1995
200,000
5.60%
1986
125,000
6.25%
1996
200,000
5.60%
1987
125,000
5.35%
1997
200,000
5.70%
1988
170,000
5.25%
1998
200,000
5.75%
1989
170,000
5.25%
Total Interest Cost from June 1, 1979 $1,819,740.00
Less: Cash Premium 190.75
Net Interest Cost 1,819,549.25
Net Effective Interest Rate 5.5677%
Minutes of the Regular Meeting - May 24, 1979
Republic National Bank
Bank of the Southwest,
First National Bank of
Shearson Hayden Stone,
Allied Bank of Texas
Maturity
February 1_ Amount
90524 -3
of Dallas, Manager
N.A.
Fort Worth
Inc.
Interest Matures Interest
Rate February 1 Amount_ Rate
1980
$ 50,000
6.25%
1990
$170,000
5.30%
1981
50,000
6.25%
1991
170,000
5.30%
1982
100,000
6.25%
1992
200,000
5.40%
1983
100,000
6.25%
1993
200,000
5.40%
1984
125,000
6.25%
1994
200,000
5.50%
1985
125,000
6.25%
1995
200,000
5.50%
1986
125,000
6.25%
1996
200,000
5.50%
1987
125,000
5.30%
1997
200,000
5.70%
1988
170,000
5.25%
1998
200,000
5.70%
1989
170,000
5.25%
1997
200,000
5.60%
Total Interest Cost from June 1, 1979 $1,810,927.50
Less: Cash Premium 250.00
Net Interest Cost 1,810,677.50
Net Effective Interest Rate 5.54060
First National Bank in Dallas
Goldman, Sachs & Co.
Fort Worth National Bank
Texas Commerce Bank
Kidder, Peabody & Co., Inc.
Total Interest Cost from June 1, 1979 $1,818,257.50
Less: Cash Premium 324.15
Net Interest Cost 1,817,933.35
Net Effective Interest Rate 5.562830
After the bids were read, Mr. Masterson stated that it
appeared that the best bid was that of First City National Bank
of Houston with 5.4818% effective interest rate which is an
approximate savings of $275,000 over the bid that Council
rejected in January. Mr. Masterson had another engagement;
therefore, Mr. Larry Catuzzi left the meeting to tabulate the
bids.
Consider Minutes of Regular Meeting - May 10, 1979
Councilman Kloesel moved for the approval of the minutes as
presented; Councilwoman Wilbanks seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks and Cannon
Mayor Hutto
Nays: None
Maturit
Interest
Maturity
Interest
February-1—
Rate
February 1
Amount
Rate
1980
$ 50,000
6.25%
1990
$170,000
5.30%
1981
50,000
6.25%
1991
170,000
5.30%
1982
100,000
6.25%
1992
200,000
5.40%
1983
100,000
6.25%
1993
200,000
5.40%
1984
125,000
6.25%
1994
200,000
5.50%
1985
125,000
6.25%
1995
200,000
5.50%
1986
125,000
6.25%
1996
200,000
5.60%
1987
125,000
6.00%
1997
200,000
5.60%
1988
170,000
5.25%
1998
200,000
5.70%
1989
170,000
5.30%
Total Interest Cost from June 1, 1979 $1,818,257.50
Less: Cash Premium 324.15
Net Interest Cost 1,817,933.35
Net Effective Interest Rate 5.562830
After the bids were read, Mr. Masterson stated that it
appeared that the best bid was that of First City National Bank
of Houston with 5.4818% effective interest rate which is an
approximate savings of $275,000 over the bid that Council
rejected in January. Mr. Masterson had another engagement;
therefore, Mr. Larry Catuzzi left the meeting to tabulate the
bids.
Consider Minutes of Regular Meeting - May 10, 1979
Councilman Kloesel moved for the approval of the minutes as
presented; Councilwoman Wilbanks seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks and Cannon
Mayor Hutto
Nays: None
90524 -4
Minutes of the Regular Meeting - May 24, 1979
Receive Petitions
None.
Citv Manager's Report
Notice has been received that the patrol cars ordered in
January will be delivered on June 10, also two garbage trucks
will be delivered at about the same time. This is normal delay
on delivery.
BAWA Valves - Bids were received on the valves for the
construction of water transmission lines for the Baytown Area
Water Authority. The bids were well below the estimate. The
bids ranged from $35,000 - $50,000 and seven bids were received.
Assessment Project - Lynchburg, Wye Drive and Ashleyville
Street Improvement Project is complete with the exception of
cleanup.
1979 Street Rebuilding Project - The base has been cement
stabilized on Lazy Lane, Leavins, Cedar Bayou from James Bowie
to the bridge, Kilgore Road, New Mexico, and a portion of South
Seventh. A light tack coat of asphalt has been applied to
Kilgore and Cedar Bayou and Lazy Lane in order to settle the
dust. Asphalting should begin in two weeks on this project.
The contractor has also begun work on the sidewalk along Kilgore.
Senior Citizens Celebration - The Senior Citizens Cele-
bration held in the Civic Center area on Saturday was very
successful, as well as the Arts and Crafts Festival and the
fiddlers contest held at the Bicentennial Park on Sunday.
Questions or Comments Regarding City Manager's Report
Council requested that the railroad right of way on Burbank
be checked for drainage and overgrowth. Council also reported a
problem with drainage in the vicinity of Dorris Street. Also, a
drainage problem was reported on New Mexico and Oregon. The
problem on Durrain Ferry Road has been corrected, but because of
the low area, the problem could re- occur. Residents on Kentucky
Street have been experiencing problems with sewerage backup.
Mr. Frank W. Rogers Appeared
This was Mr. Rogers' second appearance before Council
regarding his application to the Electrical Board to be tested
for Master Electrician license. The Electrical Board has recon-
sidered Mr. Rogers' application and unanimously approved the
taking of the exam in September, when the next regular exam is
scheduled. However, Mr. Rogers had specifically requested at
the Council meeting in April to be tested within 60 days.
Councilman Johnson stated that it was his understanding
that the Electrical Board would be reviewing Mr. Rogers'
application with the intent of granting the 60 -day request.
Mr. Johnny Miller, Chairman of the Electrical Board, was
present. He explained that the Board schedules a test every six
months and that notices have been mailed to all applicants
setting the time and place of the next examination to be held in
September. He also explained that the test was not only dif-
ficult to prepare, but most applicants required this time to
prepare to take the test. Mr. Miller also pointed out that
there would be a decided disadvantage in testing Mr. Rogers
alone, since the Board could be suspect. Mr. Miller mentioned
that the City had changed the application form to clarify the
intent that all applicants must present supporting data with the
application.
90524 -5
Minutes of the Regular Meeting - May 24, 1979
Councilwoman Wilbanks felt that there should be some
solution to the problem since the misunderstanding came about
due to the wording on the application. Councilwoman Wilbanks
asked if there were any legal considerations. Scott Bounds,
City Attorney, explained that the Board acted within its legal
authority when requesting verification of Mr. Rogers. The Board
had every right to go beyond the notarized application.
Councilman Cannon had commented that within the course of
events, Mr. Rogers could have contacted someone when he received
the original letter two days prior to examination stating that
he would not be allowed to take the exam. Councilwoman Wilbanks
stated that Mr. Rogers had contacted her in this regard where-
upon she had suggested that Mr. Rogers contact the Secretary of
the Board, who had signed the letter, the members of the Elec-
trical Board, or City Council. Mr. Rogers elected to contact
Council. Therefore, she felt that there was some justification
for consideration, although she did not want the Electrical
Board to view this as criticism from Council. Councilwoman
Wilbanks moved that Council direct the Electrical Board to test
Mr. Rogers as requested; Councilman Johnson seconded the motion.
A discussion then began as to when the Board should be directed
to test Mr. Rogers. The point was made that other applicants
have been notified of a test to be held in September and if a
test were scheduled to accomodate Mr. Rogers, the others may
have to be rescheduled.
Councilwoman Wilbanks amended the motion that Council
direct the Electrical Board to test Mr. Rogers within a 45 -day
period and that it be left to the discretion of the Board
whether to advertise that date for all applicants or to give
the test to Mr. Rogers individually. This was agreeable to
Councilman Johnson. The vote follows:
Ayes: Council members Johnson and Wilbanks
Mayor Hutto
Nays: Council members Philips, Kloesel and Cannon
Award Bid on Sale of Bonds
Mr. Catuzzi returned with an official tabulation and
recommendation for Council. The recommendation was that the bid
be awarded to First City National Bank of Houston with an effec-
tive rate of 5.481819 %. The recommended cover bid was submitted
by Republic National Bank of Dallas with an effective rate of
5.5406%. The following business was transacted with regard to
the bond sale:
"THE STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS
CITY OF BAYTOWN
The City Council of the City of Baytown, Texas convened in
regular meeting, open to the public, on the 24th day of May,
1979, at the City Hall, and the roll was called of the duly
constituted officers and members of the City Council and the
City Clerk of the City, to wit:
EMMETT 0. HUTTO
ALLEN CANNON
TED KLOESEL
JIMMY JOHNSON
MARY E. WILBANKS
EILEEN CAFFEY
FRED T. PHILIPS
EILEEN P. HALL
MAYOR
MAYOR PRO TEM
COUNCILMAN
COUNCILMAN
COUNCILWOMAN
COUNCILWOMAN
COUNCILMAN
CITY CLERK
and all of said persons were present, except the following
absentees: Councilwoman Eileen Caffey, thus constituting a
quorum. Whereupon, among other business, the following was
transacted at said meeting: a written ordinance entitled:
90524 -6
Minutes of the Regular Meeting - May 24, 1979
ORDINANCE AUTHORIZING ISSUANCE OF $2,880,000
PERMANENT IMPROVEMENT BONDS, SERIES 1979; APPROPRIATING
$2,880,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS
PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO
(the "Ordinance ") was duly introduced for the consideration of
the City Council and reviewed in full. It was then duly moved
by Councilwoman Wilbanks and seconded by Councilman Philips that
the Ordinance be passed; and, after due discussion, the motion,
carrying with it the passage of the Ordinance, prevailed and
carried by the following vote:
AYES: All members of the City Council shown present
above voted "Aye ".
NOES: None.
The Mayor thereupon announced that the Ordinance had been duly
and lawfully adopted. The Ordinance thus adopted follows:
W
90524 -7
Minutes of the Regular Meeting - ;day 24, 1979
ORDINANCE NO. 2664
ORDINANCE AUTHORIZING ISSUANCE OF $2,880,000
PERMANENT IMPROVEMENT BONDS, SERIES 1979; APPROPRIATING
$2,880,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS
PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO
THE STATE OF TEXAS S
COUNTIES OF HARRIS AND CHAMBERS S
CITY OF BAYTOWN S
WHEREAS, the bonds hereinafter authorized were duly and
favorably voted at an election held in the City of Baytown,
Texas (the "City "), on the 27th day of May, 1975; and
WHEREAS, the'City Council now deems it advisable to issue,
sell, and deliver $2,880,000 bonds for the purposes s;.own in
the following schedule as the fourth and final installment of
$11,545,000 bonds voted at said election:
WHEREAS, the City Council has caused a notice of sale of
such bonds to be published in the TEXAS BOND REPORTER which
is a publication carrying municipal bond notices and devoted
primarily to financial news and in the BAYTOWN SUN which is
the official newspaper of the City, said notice having been
published in-each said publication at least ten days prior to
the date set for the sale of said bonds; and
WHEREAS, bids have been received pursuant to said publi-
cations of said notice and the City Council desires to autho-
rize the issuance of said bonds and award the sale thereof on
the basis of the best bid received;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BAYTOWN THAT:
Amount
Amount
Amount
Previously
Being
Unissued
Purpose
Authorized
Issued
Issued
Balance
Streets $
2,300,000
,lF1001000
$1,200,000
$ -0-
Traffic Signal
650,000
650,000
-0-
-0-
Drainage
2,350,000
1,900,000
450,000
-0-
Waterworks Sys.
850,000
850,000
-0-
-0-
San. Sew. Sys.
3,000,000
2,000,000
1,000,000
-0-
Park
1,300,000
1,070,000
230,000
-0-
Library Bldg.
11095,000
1,095,000
-0-
-0-
11,545,000
$8,665,000
$2,880,000
$ -0-
WHEREAS, the City Council has caused a notice of sale of
such bonds to be published in the TEXAS BOND REPORTER which
is a publication carrying municipal bond notices and devoted
primarily to financial news and in the BAYTOWN SUN which is
the official newspaper of the City, said notice having been
published in-each said publication at least ten days prior to
the date set for the sale of said bonds; and
WHEREAS, bids have been received pursuant to said publi-
cations of said notice and the City Council desires to autho-
rize the issuance of said bonds and award the sale thereof on
the basis of the best bid received;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BAYTOWN THAT:
90524 -8
Minutes of the Regular Meeting - May 24, 1979
Section 1(a). The ordinance heretofore adopted by the
City*Council on the 30th day of April, 19750 authorizing the
issuance of the bonds described in the preamble of this ordi-
nance and calling an election therefor is hereby in all things
ratified and confirmed.
Section 1(b). All the matters and facts recited in the
preamble hereof are hereby officially found to be true and
correct.
Section 2. The City's negotiable, serial, coupon bonds
to be designated CITY OF BAYTOWN, TEXAS, PERM-ANENT IMPROVEMENT
BONDS, SERIES 1979 (hereinafter called the "Bonds"), are hereby
authorized to be issued and delivered in the aggregate prin-
cipal amount of $2,880,000 for the following purposes:
(1) $1,200,000 for constructing permanent street
improvements for the City;
(2) $450,000 for constructing permanent drainage
improvements for the City;.
(3) $1,000,000 for constructing improvements to
the City's sanitary sewer system; and
(4) $230,000 for purchasing and /or improving
lands for park purposes for.the City.
Section 3. The Bonds shall be dated June 1, 1979, shall
be numbered consecutively from 1 through 576, and shall be in
the denomination of $5,000 each, and shall mature serially on
February 1 of each of the years, and in the amounts, respec-
tively, as set forth in the following schedule:
YEAR
AMOUNT
YEAR
AMOUNT
1980
$ 50,000
1990
$170,000
1981
50,000
1991
170,000
1982
100,000
1992
200,000
1983
1000000
1993
200,000
1984
125,000
1994
200,000
1985
125,000
1995
200,000
1986
125,000
1996
200,000
1987
125,000
1997
200,000
1988
170,000
1998
200,000
1989
170,000
The Bonds may be redeemed prior to their scheduled maturities,
-2-
90524 -9
Minutes of the Regular Meeting - Hay 24, 1979
at the option of the City, on the dates stated and in the man-
ner provided in
the FOILH
OF BOND set forth in
this ordinance.
Section 4.
The Bonds shall bear
interest
per annum at
the following rates, respectively, to -wit:
Bonds
maturing
1980
through
19,,
$
t Bonds
maturing
19�
through
19_,
Bonds
maturing
19_
through
19_0
Bonds
maturing
19_,
through
19_,
$
Bonds
maturing
19_
through
19_,
Bonds
maturing
19_
through
19_,
$
Bonds
maturing
19_
through
19 ^,
$
Bonds.maturing
19_
through
19_,
Bonds
maturing
19_
through
19_,
Bonds
maturing
19_
through
19_,
$
evidenced by interest coupons
which shall appertain to the
Bonds and which
shall be
payable on the dates
indicated in
the FORM OF BOND set forth
in
this ordinance.
Section S. The Bonds, and the interest coupons apper-
taining thereto, shall be payable, shall have the character-
istics, and shall be signed and executed (and the Bonds shall
be sealed), all as provided and in the manner indicated in
the FORM OF BOND set forth in this ordinance.
Section 6. The form of the Bonds, including the form of
registration certificate of the Comptroller of Public Accounts
of the State of Texas to be printed and endorsed on each of
the Bonds, and the form of the aforesaid interest coupons
which shall appertain and be attached initially to each of the
Bonds, shall be, respectively, substantially as follows:
FORM OF BOND:
NO. $5,000
-3-
90524 -10
Minutes of the Regular Meeting - May 24, 1979
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS
CITY OF BAYTOWN, TEXAS
PERMANENT IMPROVF14ENT BOND
SERIES 1979
ON FEBRUARY 1, 19_, the CITY OF BAYTOWN (the "City ") ,
in the Counties of Harris and Chambers, in the State of Texas,
promises to pay to bearer the principal amount of .
FIVE THOUSAND DOLLARS
and to pay interest thereon, from the date hereof, at the rate
of = per annum, evidenced by interest coupons payable
February 10 1980, and semiannually thereafter on each August 1
and February 1 while this Bond is outstanding. The principal
of this Bond and the interest coupons appertaining hereto shall
be payable to bearer, in lawful money of the United States of
America, without exchange or collection charges to the bearer,
upon presentation and surrender of this Bond or proper inter-
est coupon at the CITIZENS-NATIONAL BANK & TRUST CO., Baytown,
Texas, which shall be the paying agent for this series of Bonds.
THIS BOND is one of a series of negotiable, serial, cou-
pon bonds, dated June 1, 1979, numbered consecutively from 1
through 576, in the denomination of $5,000 each, issued in the
aggregate principal amount of $2,8801000.for the following
purposes:
(1) $1,200,000 for constructing permanent street
improvements for the City;
(2) $450,000 for constructing permanent drainage
improvements for the City;
(3) $1,000,000 for - constructing improvements to
the City's sanitary sewer system; and
(4) $230,000 for purchasing and /or improving
lands for park purposes for the City;
in accordance with Chapters 1 and 7 of Title 22, Revised Civil
Statutes of Texas, as amended, and pursuant to an election held
within the City on the 27th day of May, 19750 and authorized
pursuant to an ordinance duly adopted by the City Council of
-4-
90524 -11
Minutes of the Regular Meeting - May 24, 1979
the City entitled ORDINANCE AUTHORIZING ISSUANCE OF $2,880,000
PERMANENT IMPROVEMENT BONDS, SERIES-1979; APPROPRIATING
$21880,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS;
AND CONTAINING OTHER PROVISIONS RELATING THERETO and finally
passed on the 24th day of may, 1979, this Bond being one of a
series of Bonds which constitutes a portion and the fourth and
final installment of $11,545,000 bonds voted at the aforesaid
election.
ON AUGUST 1, 1993, OR ON ANY INTEREST PAYMENT DATE THERE-
AFTER, the outstanding Bonds of this series may be redeemed
prior to their scheduled maturities, at the option of the City,
IN WHOLE, OR IN PART IN INVERSE NUMERICAL ORDER, for the prin-
cipal amount thereof and accrued interest thereon to the date
fixed for any such redemption. At least thirty days prior to
the date fixed for any such redemption, the City shall cause
a written notice of such redemption to be mailed to the bank,
at which the Bonds are payable and published at least once in
a financial publication published in the City of New York,
New York, or in the City of Austin, Texas. 'By the date fixed
for any such redemption, due provision shall be made with the
paying agent for the payment of the required redemption price.
If such written notice of redemption is published and if due
provision for such payment is made, all as provided above, the
Bonds which are to be so redeemed thereby automatically shall
be redeemed prior to their scheduled maturities; and they shall
not be regarded as being outstanding except for the purpose of
being paid by the paying agent with the funds so provided for
such payment.
IT IS HEREBY certified, recited,
Bond has been duly and validly voted,
delivered; that all acts, conditions,
proper, to be performed, exist, and be
the issuance and delivery of this Bon
-5-
and covenanted that this
authorized, issued, and
and things required or
done precedent to or in
3 have been performed,
90524 -12
Minutes of the Regular Meeting - May 24, 1979
existed, and been done in accordance with law; and that annual
ad valorem taxes sufficient to provide for the payment of the
interest on and principal of this Bond, as such interest comes
due and such principal matures, have been levied and ordered to
be levied against all taxable property in the City and have been
pledged for such payment within the limits prescribed by law.
IN WITNESS WHEREOF, this Bond and the interest coupons
appertaining hereto have been signed with the facsimile signa-
ture of the Mayor of the City and countersigned with the fac-
simile signature of the City Clerk of the City, respectively,
and the official seal of the City has been duly impressed,. or
placed in facsimile, on this Bond.
COUNTERSIGNED: xxxxxxxxxx
Mayor
xxxxxxxxxx CITY OF BAYTOWN, TEXAS
City Clerk
CITY OF BAYTOWN, TEXAS
(SEAL)
FORM OF REGISTRATION CERTIFICATE:
COMPTROLLER'S REGISTRATION CERTIFICATES REGISTER NO.
I hereby certify that this Bond has, been examined, cer-
tified as to validity, and approved by the Attorney General
of the State of Texas, and that this Bond has been registered
by the Comptroller of Public Accounts of the State of Texas,
WITNESS my signature and seal this
xxxxxxxxxx
(SEAL) Comptroller of Public Accounts of
the State of Texas
FORM OF INTEREST COUPON:
NO. $
ON 1, 19_,
the CITY OF BAYTOWN# in the Counties of Harris and Chambers,
State of Texas, promises to pay to bearer the amount shown on
this interest coupon, in lawful money of the United States of
America, without exchange or collection charges to the bearer,
-6-
•90524 -13
Minutes of the Regular Meeting- May 24, 1979
unless due provision has been made for the redemption prior
to maturity of the Bond to which this coupon appertains, upon
presentation and surrender of this interest coupon, at the
CITIZENS NATIONAL BANK & TRUST CO., Baytown, Texas, said amount
being interest due that day on the Bond bearing the number
hereinafter designated of that issue of CITY OF BAYTOW�I, TEXAS,
PERMANENT IMPROVEMENT BONDS, SERIES 1979, dated June 1, 1979.
Bond No. .
xxxxxxxxxx xxxxxxxxxx
City Clerk Mayor
Section 7. A special fund or account, to be designated
the "City of'Baytown, Texas, Permanent Improvement Bonds,
Series 19790 Interest and Sinking Fund" (hereinafter called the
"Interest and Sinking Fund "), is hereby created and shall be
established and maintained by the City at an official deposi-
tory bank of the City. The Interest and Sinking Fund shall
be kept separate and apart from all other funds and accounts
of the City and shall be used only for paying the interest on
and principal of the Bonds. All ad valorem taxes levied and
collected for and on account of the Bonds shall be deposited,
as collected, to the credit of the Interest and Sinking Fund.
During each year while any of the Bonds or interest coupons
appertaining thereto are outstanding and unpaid, the City
Council of the City shall compute and ascertain a rate and
amount of ad valorem tax which will be sufficient to raise
and produce the money required to pay the interest on the
Bonds as such interest comes due and to provide and maintain
a sinking fund adequate to pay the principal of the Bonds as
such principal matures but never less than 2% of the original
principal amount of the Bonds as a sinking fund each year;
and said tax shall be based on the latest approved tax rolls
of the City, with full allowance being made for tax delinquen-
cies and the cost of tax collection. Said rate and amount of
-7-
90524 -14
Minutes of the Regular Meeting - May 24, 1979
ad valorem tax are hereby levied, and are hereby ordered to be
levied, against all taxable property in the City for each year
while any of the Bonds or interest coupons appertaining thereto
are outstanding and unpaid; and said tax shall be assessed and
collected each such year and deposited to the credit of the
Interest and Sinking Fund. Said ad valorem taxes sufficient
to provide for the payment of the interest on and principal
of the Bonds, as such interest comes due and such principal
matures, are hereby pledged for such payment within the limits
prescribed by law.
Section 8. Immediately following delivery of the Bonds
to the purchaser thereof, the accrued interest and premium,
if any, shall be deposited in the Interest and Sinking Fund.
Section 9. There is hereby appropriated out of the pro-
ceeds of sale of the Bonds authorized by this ordinance the fol-
lowing sums for the following indicated purposes, respectively:
(1) $1,200,000 for constructing permanent street
improvements for the City;
(2) $450,000 for constructing permanent drainage
improvements for the City;
(3) $1,000,000 for constructing improvements to
the City's sanitary sewer system; and
(4) $230,000 for purchasing and /or improving
lands for park purposes for the City.
It is hereby estimated that the maximum cost, respectively,
for each of the aforesaid projects will not exceed the - amount
named above for each such project, respectively; and there is.
no necessity for any down payment on these projects; and no
such down payment is hereby ordered to be made. It is hereby
officially found and determined (1) that the probable period
of usefulness of each of the aforesaid projects is forty years,
and (2) that all of said projects are related projects within
the meaning of Section 61 of the Home Rule Charter of the City.
Section 10. Out of the proceeds of sale of the Bonds
authorized by this ordinance the following sums are hereby
-8-
90524 -15
Minutes of the Regular meeting - May 24, 1979
ordered to be used and expended for the following indicated
purposes, respectively:
(1) $1,200,000 for constructing permanent street
improvements for the City;
(2) $450,000 for constructing permanent drainage
improvements for the City;
(3) $1,000,000 for constructing improvements to
the City's sanitary sewer system; and
. (4) $230,000 for purchasing and /or improving
lands for park purposes for the City;
as provided in the ordinance adopted on the 30th day of April,
1975, calling the bond election which was held in the City on
the 27th day of May, 1975.
Section 11. The City certifies that based upon all facts
and estimates now known or reasonably expected to be in exis-
tence on the Hate the Bonds are delivered and paid for, the
City reasonably expects that the proceeds of the Bonds will not
be used in a manner that would cause the Bonds or any portion
of the Bonds to be an "arbitrage bond" under Section 103(c)(2)
of the Internal Revenue Code of 1954, as amended, and the
regulations prescribed thereunder. Furthermore, all officers,
employees and agents of the City are authorized and directed to
provide certifications of facts and estimates that are material
to the reasonable expectations of the'City as of the date the
Bonds are delivered and paid for. In particular, all or any
officers of the City are authorized to certify for the City the
facts and circumstances and reasonable expectations of the City
on the date the Bonds are delivered and paid for regarding the
amount and use of the proceeds of the Bonds. Moreover, the
City covenants that it shall make such use of the proceeds of
the Bonds, regulate investments of proceeds of the Bonds and
take such other and further actions as may be required so that
the Bonds shall not be "arbitrage bonds" under Section. 103(c)(2)
of the Internal Revenue Code of 1954, as amended, and the regu-
lations prescribed from time to time thereunder.
-9-
90524 -16
Minutes of the Regular Meeting - May 24, 1979
Section 12. The Mayor of the City is hereby authorized
to have control of the Bonds and all necessary records and
proceedings pertaining to the Bonds pending their delivery
and their investigation, examination, and approval by the
Attorney General of the State of Texas and their registration
by the Comptroller of Public Accounts of the State of Texas.
Upon registration of the Bonds, the Comptroller of Public
Accounts (or a deputy designated in writing to act for the
Comptroller). shall manually sign the Comptroller's Registra-
tion Certificate prescribed herein to be printed and endorsed
on each Bond; and the seal of the Comptroller shall be im-
pressed, or placed in facsimile, on each of the Bonds.
Section 13. The Bonds are hereby sold and shall be de-
livered to FIRST CITY NATIONAL BANK OF HOUSTON
for the par value thereof and accrued interest thereon to date
of delivery, plus a premium of $ -o- , subject to the un-
qualified approving opinions, as to the legality of the Bonds,
of the Attorney General of the State of Texas and of Vinson &
Elkins, Houston, Texas, market attorneys; and it is hereby
officially found, determined, and declared that the Bonds are
sold on.the best terms and for the best price possible.
Section 14. The approving opinion of Vinson & Elkins,
Houston, Texas, and Cusip numbers may be printed on the back
of each of the Bonds, but errors or omissions in such opinion,
or errors in or omissions of such numbers, shall have no effect
on the validity of the Bonds.
Section 15. The Mayor and all other appropriate officers
of the City are hereby authorized and directed to do any and
all things necessary or convenient to carry out the provisions
of this ordinance.
Section 16. This ordinance was read once by the City
Council and shall take effect immediately.
GRID
0
90524 -17
Minutes of the Regular Meeting - L4ay 24, 1979
Section 17. The Official Notice of Sale, Official State-
ment'.and Official Bid Form submitted to the City Council are
hereby approved for use in connection_ with the solicitation
of bids for and sale and distribution of the Bonds.
Section 18.
It is hereby officially found and detem -fined
that the need of the City for such financing creates an emer-
gency and an urgent public necessity for the holding, at the
scheduled time, of the meeting of the City Council at which
this ordinance is adopted and for the adoption of this ordi-
nance; and the NOTICE OF MEETING relating to said meeting and
heretofore posted by the City Clerk, and the posting thereof,
is hereby authorized, approved, adopted and ratified.
PASSED, AUTHENTICATED, AND APPROVED this 24th day of
May, 1979.
ATTEST:
City Clerk
CITY OF BAYTOWN, TEXAS
( SEAL)
CITY OF BAYTOWNj, TEXAS
-11-
0
is ;
90524 -18
Minutes of the Regular Meeting - May 24, 1979
Discuss Setting Election Date(s) for Bond Proposals Concerning
Baytown Municipal Airport and Baytown Flood Control and
Relocation Project
Mr. Lanham explained that any bond election must be called
at least fifteen (15) days before the election date. Council
has two items that must be decided by bond election - -the airport
and the flood control and relocation project. The Administra-
tion feels that the Council now possesses all the information
required concerning the relocation project; however, more
information must be obtained regarding the airport. The FAA
has agreed to consider the $3,749,680 presented in the preappli-
cation on a formal basis. At this time, appraisals of the
Humphrey Airport improvements are not available, but the appraiser
is working and expects to have the appraisal completed within
two weeks. After that, the negotiations with the Humphreys
hopefully could be consummated. In order to be assured of
receiving federal funds this fiscal year, the City of Baytown
would need to accept a grant no later than July 31. Therefore,
if Council elected, a bond election could be held before that
time and if successful, grant funds could be assured for this
year. The latest possible date to hold a bond election would
be July 24 to consider the airport, and sometime in August to
consider the flood control and relocation project.
Council members Kloesel and Wilbanks expressed the feeling
that since the elections were so close that both propositions
should be considered at the same time. However, Councilman
Johnson felt that the propositions should be considered at
separate elections because he felt that one could have an
adverse effect on the other.
Councilman Phillips expressed the opinion that more
information was needed concerning the airport issue. He felt
the citizens of Baytown would be interested in the amount of
commercial usage of the airport, as well as the number of
aircraft that would be stored there. He suggested that an
Administrative task force be formed to visit three cities of
comparable size where airports are located to obtain answers to
these and other questions.
Mr. Lanham explained that this item had been placed on the
agenda for Council discussion and perhaps to obtain a tentative
date from Council concerning election to decide these issues.
He pointed out that more than 15 days would be necessary to
educate the public.
Councilman Cannon moved that the elections be held at the
same time and that the date for the election be July 24;
Councilman Kloesel seconded the motion.
In response to an inquiry from Mr. Lanham, Councilman
Cannon explained that the July 24 date would apply to the
election on the flood control and relocation project, but the
date could be a tentative date on the airport. He felt that
the people who live in the Brownwood area needed a firm date to
work with. Councilman Kloesel concurred. The vote follows:
Ayes: Council members Philips, Kloesel, Wilbanks,
and Cannon
Mayor Hutto
Nays: Councilman Johnson
Councilman Johnson indicated his opposition was to holding
the elections together, not to the date.
Council instructed the Administration to form a staff task
force with the authority to contact an expert in the area of
airports and to visit three cities of comparable size where
airports are located to determine the good and bad aspects of
an airport operation.
Mr. Lanham suggested that Council may want to appoint
90524 -19
Minutes of the Regular Meeting - May 24, 1979
committees of interested citizens to inform the citizens of
Baytown concerning these issues.
*Councilman Cannon no longer present.
Ordinance - Approving the Baytown Area Water Authority's
Selection of Depository
One bid was received for the Depository Contract for the
Baytown Area Water Authority. The bid was submitted by Citizens
Bank and Trust Company of Baytown, Texas. For deposits of
$100,000 or more, the interest ranges from 8.05% per annum to
8.26% per annum depending upon the maturity time of the deposits.
For deposits of less than $100,000, the interest ranges from 50
to 5.5% per annum. Under the terms of the bid specifications,
the depository contract is for one -year period beginning June
3, 1979 and ending May 31, 1980. Mr. Lanham explained that
when the Baytown Area Water Authority Board met to consider
this matter, only three members were present. One of those
members, Mr. Robert Gillette, is a director at Citizens, which
precluded him from voting. At that time, it was felt that
there would be no problem so long as a quorum of the members
was present and a majority of those present voted for accep-
tance. Since that time, the Administration has researched this
matter to discover that a majority of the board membership is
required to accept a depository. The BAWA Board plans to have
a special meeting on other matters on May 30, and ratification
on the selection of the depository will be considered. The
Administration recommended approval of the ordinance subject to
the BAWA Board's ratification.
Councilwoman Wilbanks moved to accept the recommendation
of the Administration; Councilman Johnson seconded the motion.
The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
and Wilbanks
Mayor Hutto
Nays: None
ORDINANCE NO. 2665
AN ORDINANCE APPROVING THE BAYTOWN AREA WATER AUTHORITY'S
SELECTION OF DEPOSITORY FOR THE AUTHORITY'S FUNDS.
Approve Water and Sewer Plans for San Jacinto Mall and
Lake Municipal Utility District and San Jacinto hall,
Inc. for Construction, Dedication and Acceptance of
Wastewater Collection and Water Distribution Systems
At a previous Council meeting, the Administration dis-
cussed with Council, the possibility of the City providing
water and sewer services to the San Jacinto Mall and the Lake
Municipal Utility District. The owners and developers of the
mall are agreeable to paying the cost of bringing lines down
and tying into the City's facilities. The plan is to construct
a water line and then tie it in at Baker Road, the existing
water line, and to bring the sewer line down to the vicinity of
Gulf Coast Hospital, where a 21" line is located. The planning
to this point has been to permit this sewer line to be a force
main. A 12 -inch force main would serve those two areas. The
estimated cost would be $272,800. The cost for a 16 -inch force
main, which would enable the City of Baytown to serve additional
areas that might be developed, is $335,200 or a difference of
$62,400. The bids can be taken with the 16 -inch force main
included as an alternate. The decision could be made when the bids
come whether the larger line should be built with the City paying
the difference in cost. The long range plan for providing sewer
90524 -20
Minutes of the Regular Meeting - May 24, 1979
service in the area south of Interstate 10 and north of
Baker Road is to serve the area west of Garth Road at the
Nest District Sewer Treatment Plant and the area to the east
at the East District Sewer Treatment Plant.
The three possibilities to provide service to this area
follow:
1. A force main that would serve two developers - -they
are willing to pay that total cost; or
2. Build a 16 -inch line rather than the 12 -inch
line - -the City to pay the difference; or
3. Build a gravity flow line part way down.
In response to a question from Council, Mr. Lanham
explained that a fee would be charged to other developers
who desired to tie into the City's system. One of the
advantages of the gravity flow line is that property owners
can tie in without the necessity for a lift station being
constructed in the force main.
Norman Dykes, City Engineer /Director of Public Works,
explained that the base figure which would be paid by the
developers of the San Jacinto Mall and the Lake Municipal
Utility District for a 12 -inch force main and lift station
would be approximately $272,800. This would serve their
purposes and it would handle a flow of approximately 1.4
mgd. If the City were to pay the additional cost of increasing
the force main to 16 -inch, the approximate difference in
cost would be $62,400 and this would allow the City to
increase the capacity to 3.17 mgd. The third possibility
would be an 18 -inch gravity flow line from the San Jacinto
Mall down to the vicinity of Cedar Bayou- Lynchburg Road.
The gravity flow line would extend a distance of 7,300 feet
and would be approximately 10 feet deep. The capacity of
that line would be 2.9 mgd which is approximately the same
as the 16 -inch force main. The line would serve the areas
on either side of the mall.
Councilman Philips inquired if the line would be a
concrete line. Mr. Dykes explained that it would be vitri-
fied clay pipe or it could be a p.v.c. line. Mr. Dykes
further explained that the Administration would like to take
alternate bids. The cost for the City to build the 18 -inch
gravity flow line would be approximately $211,700 which is
the amount over the $272,800. The developers would build
the 12 -inch force main and if the City elected to put the
18 -inch gravity flow line from the mall to Cedar Bayou -
Lynchburg Road, a pump station would have to be constructed
at that location to pump to the Gulf Coast Hospital area,
and that cost to the City would be $211,700. That gravity
flow line at the additional cost would service an area from
Cedar Bayou- Lynchburg Road to the mall and approximately
2,300 feet either side of Garth Road.
Mayor Hutto felt that the Council should give real
consideration to the gravity flow line from the vicinity of
the mall to the Cedar Bayou- Lynchburg Road area because this
would give that area a good chance for development. He felt
that Council should give consideration to the gravity flow
line plus the force main. Mr. Lanham suggested that bids be
taken on all three alternatives and at that time, Council
would have a better idea of costs and would be in a better
position to make a decision.
The $62,000 alternative will provide the service
necessary and the people that move in and develop the area
ought to be put in the position of paying to tie into the
system.
Mayor Hutto felt that the $150,000 would be an invest-
ment in the City of Baytown.
90524 -21
Minutes of the Regular Meeting - May 24, 1979
Mayor Hutto commented that the City can take bids on
all three possibilities and after the bids are received, the
Council can decide as to which route would be the best.
Councilman Kloesel commented that he is certainly
interested in planning for the future growth and he sup-
ported the idea of taking bids on all three possibilities.
Mr. Dykes explained that the City has also prepared an
estimate on the water. The water line is being proposed to
be a 16 -inch line from the mall area down to Cedar Bayou -
Lynchburg Road. At that point, the proposal is to drop it
to an 18 -inch line to Baker Road. The reason for this is
that the Baytown Area Water Authority will be coming down
Cedar Bayou- Lynchburg Road with a 30 -inch main. The 30 -inch
line would be tied into the 16 -inch line at Cedar Bayou -
Lynchburg. Mr. Dykes recommended that instead of the 8-
inch line being proposed, that a 12 -inch line be considered
with the City paying the additional cost of approximately
$25,500. Mr. Lanham explained that that additional size is
of no benefit to the developers of the mall and the Lake
Municipal Utility District. It is a benefit to the City
because the City will have a 12 -inch connection between the
City's existing system and the 30 -inch line that is being
constructed by the Baytown Area Water Authority. Mr. Dykes
recommended that bids be taken on both alternatives.
Mr. Lanham explained that a motion is needed autho-
rizing advertisement for bids and if City is to take bids on
the gravity flow line for the City's benefit, the City would
need to be able to negotiate engineering fees.
Councilman Johnson moved to accept the recommendation
of the Administration.
Councilman Kloesel commented that he will second the
motion if Councilman Johnson means that the City include
having engineering plans for all three possibilities, the
12 -inch force main, the 16 -inch force main, and the gravity
flow line, and then the proposal that was made on the water
systems and this is to also include the engineering costs.
This was Councilman Johnson's intent. The vote follows:
Ayes: Council members
and Wilbanks
Mayor Hutto
Nays: None
Philips, Johnson, Kloesel,
Mayor Hutto called a 10- minute recess.
Ordinance - Authorizing Contract with Lake Municipal Utility
District and San Jacinto Hall, Inc. for Construction,
Dedication and Acceptance of Wastewater Collection and
Water Distribution Systems
The Administration has been working with the developers
of the San Jacinto Shopping Mall and Lake Municipal Utility
District on a proposed contract for the construction, dedi-
cation and acceptance of water distribution and wastewater
collection systems. The contract needs to be completed
before the Lake Municipal Utility District can sell bonds
for construction of its share of the improvements. The
contract also needs to be approved so work can begin on the
water and wastewater lines which will be located in the
Garth Road right of way. This work needs to be done before
the County contractor works on Garth Road. Under the terms
of the proposed contract, the developers will pay for the
cost of the water and wastewater lines needed to serve their
development. The City will ask for alternate bids for
oversized wastewater lines to meet future requests for
service. Since the Lake Municipal Utility District is
90524 -22
Minutes of the Regular Meeting - May 24, 1979
outside the city limits, the Administration is requiring the
developer to buy wastewater treatment capacity at the West
Main Treatment Plant.
Scott Bounds, City Attorney, reviewed the contract in
detail with Council. Mr. Bounds explained that this is a
contract for the construction of a water line and wastewater
collection line to run along Garth Road right of way from
the City's existing lines to just north of Interstate 10.
It is a four party agreement. The four parties are the City
of Baytown, Lake Municipal Utility District of Harris County,
South Gulf Management, Inc., which is the major property
owner within the Lake Municipal Utility District, and the
San Jacinto Mall Company. The first article of the contract
which is Page 2 just basically provides definitions of the
basic water system and the alternate water systems which has
just been described, and the engineering cost of both to be
paid for by the county and the district.
Page 3 is the basic definition of the wastewater col-
lection system which Mr. Dykes has just described. Mr.
Bounds suggested that in the second paragraph on Page 3,
that in order to accomodate the second alternative that was
discussed, he recommended the following language to be
inserted, "that the City may prepare plans for a second
alternate system utilizing a gravity flow line from Inter-
state 10 to Cedar Bayou- Lynchburg Road."
Mr. Bounds explained that the first page of the contract
is just recitals of the parties and the parties involved in
the contract. The second page is the description of the
water line that is required to serve the property out there
and then the alternate line that would be oversized. The
third page, Article II, is the wastewater line. Article III
is general provisions, and these provisions apply to the
construction of both the water and wastewater lines. The
first provision under Paragraph A, Easements, requires that
the district and the company provide all easements and
permits necessary for the construction of the system, and
that it would be deeded to the City by the company and the
district. Paragraph B would need to be amended in accor-
dance with the second alternate wastewater line, and Mr.
Bounds suggested that it be changed to read, "that the plans
for the water and the wastewater collection systems in the
first alternate systems as described above shall be prepared
by the District and the Company's Engineer, free of cost to
the City provided however, that the City shall be respon-
sible for providing the engineering for the second alternate
wastewater collection system." The City under Paragraph C
is going to go out for bids on the contract, and that the
City of Baytown will be the contracting agency on both lines
and the City will advertise for both lines as one contract
and both lines would be let to one contractor. The purpose
for this provision is to have only one contractor to deal
with to simplify matters.
Councilwoman Wilbanks inquired if the City will have
the responsibility of giving final approval of the entire
project. Mr. Bounds commented that the City would give
final approval.
Councilman Philips commented that he would like to pro-
rate the engineering fees so that the City will not have to
pay the entire cost. Mr. Lanham felt that it should be pro-
rated.
Mr. Bounds explained that alot of the engineering would
be the same as far as the provision for the construction
permits, the right of way, the location of lines, and engi-
neering involved with the gravity flow line.
90524 -23
Minutes of the Regular Meeting - May 24, 1979
Mr. Lanham commented that as far as he can see, the
only additional cost would be the engineering for the plans
and not for the actual inspection, etc. He felt that this
would be paid for by the developers.
In response to a question from Council, Mr. Dykes
explained that all the City is talking about is the addi-
tional cost of the profile, because the plan is already made
out on paper and the location would be the same.
Mayor Hutto recognized A. J. Busch, of Busch, Hutchison
and Associates, who suggested that the wording be changed to
state on an hourly basis because all the City would be
paying is for the additional work that would be necessary.
Mr. Bounds explained that in Paragraph D, the City is
going to award the contract to one contractor. Prior to
entering into the contract, the District and the Company
will pay to the City, a sum equal to the aggregate amount
bid by the lowest qualified bidder for the construction of
each basic system. In other words, whoever the City lets
the contract to, before the City formally enters into the
contract, the District and Company will have to pay the
City, the combined low bid for the water and wastewater
systems. Any additional expense will be borne by the City.
The City reserves the right to reject any and all bids. It
is understood that advertising for bids and construction of
the facilities may be accomplished in two steps. Mr. Bounds
explained that because of the work on Garth Road at the
present time, it is necessary to expedite that part of the
work.
Under Paragraph E, provision is made for change orders.
The District and the Company will be responsible for any
change orders associated with the contract for the basic
water or wastewater collection systems. Any cost or change
orders initiated by the City and necessary for their alter-
nates, the costs of those will be paid by the City.
Under Paragraph F, provision is made for annexation.
The Company, and San Jacinto Mall, are agreeing to be,
annexed from the City's strip on Interstate 10, prior to the
City providing services to the property.
Paragraph G provides that the system becomes the City's
sole responsibility to operate and maintain and will be
subject to its control.
Under Paragraph H, the City is agreeing to provide the
District and the Water Company with a water supply. The
City would provide them with the treated water necessary for
their operations. This will be provided in accordance with
the City's existing rate schedules within the Code of Ordi-
nances or any amendments thereto. The City's water rates
presently contain schedules for both customers in the City
and customers outside the City.
Under Paragraph I, the City is agreeing to provide
wastewater treatment to the Company and the District. The
City will provide wastewater service to the Company, prior
to annexation under the rate schedule in the City's ordi-
nance as it is now adopted or as it may be amended. The
City agrees to provide wastewater services for the District
under the following conditions: First, the District, on
August 1, 1979, or upon completion of the sewer line, will
pay to the City a fee up to $1.25 per gallon up to 500,000
gallons per day capacity in the City's wastewater treatment
system. The exact price is presently being determined by
Langford Engineering, Inc. The City would be selling to the
District up to 500,000 gallons per day capacity wastewater
treatment at a fee up to but not to exceed $1.25 per gallon.
90524 -24
Minutes of the Regular Meeting - May 24, 1979
Council expressed concern about the fee of $1.25 per
gallon of wastewater. Mr. Lanham explained that the reason
the District needs a figure in the contract is that the
district must sell some bonds in order to come up with its
share of this cost. The District must be able to tell the
Water Rights Commission about how much will be needed. The
City is negotiating with the District to build an addition
to the City's sewer treatment plant to accommodate their
needs. Mr. Lanham explained that this is a buy -in charge.
In other words, if the City builds a 500,000 gallon addition
to accommodate the District and agrees to sell the District
that much plant capacity, the most they are obligated to pay
the City is $625,000. The Administration felt that the
study will reflect a lesser cost.
Councilman Philips stated that it should state $1.25
per gallon at plant capacity.
Mr. Bounds further commented that additionally the
District is agreeing to pay to the City, a monthly sewer
charge based upon water consumption and equal to the total
payment due by all of the District sewer users if they were
billed as if they were in the City limits. In other words,
since they would be providing water service to the people
residing within their district and that water would be
metered, they would compute a bill as if they were within
the City and then they would pay that as a monthly sewer
service charge to the City. It would be the same as a
resident of the City. Mr. Lanham explained that the Dis-
trict will pay the City with one check and the City will not
be responsible for collecting from people that live there.
Mr. Bounds further commented that it is made exclusive
in the contract that the City has the right to increase both
the water and sewer service charges to the District and the
Company provided that the City does not increase the amount
of their charge more than the City would increase it to
those people residing within the City of Baytown.
Paragraph J simply recognizes that South Gulf Manage-
ment, Inc. is responsible for some of the payments of the
District and that they will be making some of the payments
for the District to the City.
Councilman Philips commented that this is a contract
that will have four parties and inquired as to what is the
impact of this thing if one party defaults. He further
commented that it has some problems and inquired as to why
did the City not just go ahead and negotiate separate
contracts with each party. Mr. Bounds explained that all of
the parties are interested in the joint development of one
line and he felt that the City is pretty well secured by the
contract because the City does not incur any kind of obli-
gation until the District and the Company pay.
Councilman Philips inquired if a default clause should
be included in the proposed contract. Mr. Bounds commented
that he did not think this would be necessary. Mr. Bounds
further explained that the City is not under an obligation
to contract for the line until it has been paid the amount
of money necessary to construct the basic system. Mr.
Lanham explained that if one of the other parties pays their
money and the other one does not, the City does not have a
contract. Mr. Bounds explained that the City would be under
no contractual obligation to proceed with the project.
Mr. Lanham explained that the reason for the buy -in
charge for the District's capacity is because the City wants
the option of either building the 500,000 plant expansion at
the present time or waiting a few years and then building a
2,000,000 gallon per day plant expansion.
90524 -25
Minutes of the Regular Meeting - May 24, 1979
Mr. Bounds explained that the contract is subject to
other agencies' approval. The San Jacinto River Authority
will have to authorize the City's water contract with the
municipal utility district because it is outside the present
boundaries of Baytown Area Water Authority. Under the
City's present contract with the City of Houston, the City
is not allowed to sell water outside that boundary without
the permission of the City of Houston and the San Jacinto
River Authority. The other state agency that the City will
need to get approval from is the Texas Department of Water
Resources. They will be reviewing the contract and the
rates established before they authorize approval of the
bonds of the Lake Municipal Utility District to finance
their portion of the line and the reserve of sewer plant
capacity. The Administration recommended approval of the
ordinance.
Councilman Philips moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
and Wilbanks
Mayor Hutto
Nays: None
ORDINANCE NO. 2666
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A
CONTRACT WITH LAKE MUNICIPAL UTILITY DISTRICT, OF HARRIS
COUNTY, SAN JACINTO MALL COMPANY, AND SOUTH GULF MANAGEMENT,
INC. FOR CONSTRUCTION, DEDICATION, AND ACCEPTANCE OF WASTE-
WATER COLLECTION AND WATER DISTRIBUTION SYSTEMS.
Ordinance - Establishing Signalized Intersections at
Various Locations
This is a recommendation of the Council's Traffic
Committee. The Administration presented to the Council's
Traffic Committee eleven intersections where signals were
warranted. The Traffic Committee studied the information
given to them and recommended approval of six signalized
intersections and recommended that the City not plan to
signalize five of the intersections. A list of the six
intersections follows: Wye Drive at North Main - volume is
the warrant there; Garth Road at Northwood and Scenic
Drive - volume is the warrant; Baker Road at Quailhollow
Drive - volume is the warrant; Morrell at Pruett - accidents
is the warrant at that location; Garth Road at Rolling -
brook - accidents and volume is the warrant at that loca-
tion; State Highway 146 at McKinney - accidents and volume
is the warrant at this location. All of those intersections
meet the requirements that are spelled out in the
Manual of Uniform Traffic Control Devices. The Adminis-
tration recommended approval of the ordinance.
Councilman Kloesel commented that he believes that the
City of Baytown is fairly heavy on signalizing intersections.
He felt that the City needs to come up with alternate plans
and felt that this would be expensive. Councilman Kloesel
further commented that State Highway 146 has many traffic
lights and felt that alternative methods should be explored.
Councilman Philips commented that he is receiving many
comments about so many new traffic lights in the city limits
of Baytown. He felt that many people are real sensitive to
the new traffic lights being installed, in spite of the fact
that they are supposed to be timed out.
Councilwoman Wilbanks moved for adoption of the ordi-
nance; Councilman Johnson seconded the motion.
90524 -26
Minutes of the Regular Meeting - May 24, 1979
Councilman Philips inquired if there is money in the
budget for these new signals. Mr. Lanham explained that the
City has the money if the state comes through with their
share of funding for the intersections - -that will be mentioned
in the next item. Councilman Philips commented that he
cannot support this if the money is not clearly budgeted.
Mr. Lanham explained that the City will have to go out for
bids for the construction and the Administration would have
to come back to Council with plans and specifications. All
this ordinance would do is to establish those as intersec-
tions that are expected to be signalized.
Councilman Johnson explained that the Traffic Committee
studied these eleven items pretty thoroughly and the list
was cut in half. He further explained that the Committee,
as a whole, felt that these six intersections definitely
needed to be signalized because of the volume of traffic.
Councilman Kloesel commented that he appreciated the
fact that the Traffic Committee studied these intersections,
but commented that he could not support this. He further
commented that since this is only in the planning stages, he
would like the Planning Department to come up with an alter-
nate plan for each one of these locations that would not
require a signal. The vote follows:
Ayes: Council members Johnson and Wilbanks
Mayor Hutto
Nays: Council members Philips and Kloesel
ORDINANCE NO. 2667
AN ORDINANCE PROVIDING FOR THE INSTALLATION OF TRAFFIC
SIGNALS AT CERTAIN LOCATIONS; PRESCRIBING A MAXIMUM PENALTY
OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Consider Recommendation to the State Department of Highways
and Public Transportation on Proposed Signal Improvements
The City has been advised that all funds for the
Federal Safety Off Systems Program for the 1979 fiscal year
have been spent. The City had requested that seven traffic
signals be installed using matching funds. Six intersections
on North Main were to be signalized with these funds. These
intersections include Bob Smith, Harold, Park Street, James,
Hines at William, and Cedar Bayou Road. The City's share of
the cost would be approximately $49,800. Several of these
intersections have signals but they would be replaced with
new ones that would be interconnected. The intersections
that now have signals but would be upgraded are Harold,
James, Hines at William, and Cedar Bayou Road. Signals were
also to be installed at the intersection of Pruett and
William which would only be updating the signal. The
Administration has received a letter from Omer Poorman,
District Engineer of the State Department of Highways and
Public Transportation. In his letter, Mr. Poorman stated
that the City might be able to get two of the intersections
funded under other federal programs with funding for the
other five intersections upcoming at a later date. The two
intersections that could be funded from another source are
North Main at Bob Smith and North Main at Harold. The State
would resubmit those two projects and ask for funding under
Sections 209 and 210. If they are not successful, they
could qualify for Urban Systems Funds. However, the formation
of next Urban Systems Program is not due until 1981. Five
of the intersections are not on either the state system or
the Federal Aid System; therefore, the only funding that
might be available here is the Section 219 funds if they
should get a supplemental appropriation or if funds are
appropriated by Congress for next year's budget. The City
has two options: Either the City can separate these into
90524 -27
Minutes of the Regular Meeting - May 24, 1979
two projects with the State trying to get funds for two of
the intersections - -North gain and Bob Smith and North plain
at Harold, and then the remaining five would become City
projects; or leave it as is and if additional funds are
provided under Section 219, the Administration has been told
by the State Highway Department that projects bumped from
the priority list would be top priority. It is important
that the City do all of these on North Main in order to have
them interconnected. The Administration recommended that
the City wait for refunding in hopes that funds will be
available in October of 1979.
Councilwoman Wilbanks moved to accept the recommenda-
tion of the Administration; Councilman Johnson seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson and Wilbanks
Mayor Hutto
Nays: Councilman Kloesel
Ordinance - Amending Chapter 18 by Allowing Parking on
Lee Drive and Prohibiting Parking on South Side of
West Main from Bryan to Loop 201
At its last meeting, the Council's Traffic Committee
recommended changing parking requirements to allow parking
on Lee Drive from West Main Street to State Highway 146, and
to prohibit parking on the south side of West Main Street
from Bryan to Loop 201. The Administration recommended
approval of the ordinance.
Councilman Johnson moved for adoption of the ordinance;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
and Wilbanks
Mayor Hutto
Nays: None
ORDINANCE NO. 2668
AN ORDINANCE DESIGNATING A PORTION OF WEST MAIN STREET AS A
NO- PARKING ZONE AND PROVIDING FOR THE REMOVAL OF A NO-
PARKING ZONE ON A PORTION OF LEE DRIVE; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRI-
BING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00)
DOLLARS FOR EACH VIOLATION; AND PROVIDING FOR THE PUBLICA-
TION AND EFFECTIVE DATE HEREOF.
Ordinance - Authorizing Lease Agreement for City -held
Property at Defee and North Main
The Administration was not ready to act on this item.
Ordinance - Authorizing Final Payment for the 1978 Sanitary
Sewer Sliplining Contract No. 787 -80
Shur -Flo, Inc. has completed the 1978 Sliplining Project.
The work has been inspected by the Engineering Department
and meets City specifications. Total contract price with
change orders is $217,127.97. There is an underrun of
$6,377.25. Final payment in the amount of $21,075.07 remains
to be paid. The Administration recommended approval of the
ordinance.
Councilman Philips moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
90524 -28
Minutes of the Regular Meeting - May 24, 1979
Ayes: Council members Philips, Johnson, Kloesel,
and Wilbanks
Mayor Hutto
Nays: None
ORDINANCE NO. 2669
AN ORDINANCE APPROVING AND ACCEPTING THE SLIPLINING OF
SANITARY SEWER LINES BY SHUR -FLO, INC. FINDING THAT THE
IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CON-
TRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL
ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID SHUR-
FLO, INC. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Authorizing Final Payment for Construction of
Bicentennial Park Phase II
Total contract amount for the construction of Bicenten-
nial Park Phase II is $20,825. Final payment in the amount
of $2,082.50 remains to be paid to H. B. Hamilton Construc-
tion Company. Work has been satisfactorily completed. The
Administration recommended approval of the ordinance.
Councilwoman Wilbanks moved for adoption of the ordi-
nance; Councilman Kloesel seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Kloesel,
and Wilbanks
Mayor Hutto
Nays: None
ORDINANCE NO. 2670
AN ORDINANCE APPROVING AND ACCEPTING THE DEVELOPMENT OF
BICENTENNIAL PARK PHASE II BY H. B. HAMILTON CONSTRUCTION
COMPANY FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH
THE TERMS OF THE CONTRACT; ACCEPTING THE CITY ENGINEER'S
CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL
PAYMENT TO THE SAID H. B. HAMILTON CONSTRUCTION COMPANY AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Awarding the Bid for Purchase of Automatic
Pool Controller
Four bids were received for the purchase of an auto-
matic pool control system for the Parks and Recreation
Department. The bid tabulation is attached to the minutes
as Attachment "A ". The low bid was submitted by Pool Tech
of Texas in the amount of $3,845. A total of $4,200 budgeted
funds has been set aside for the equipment. The Administra-
tion recommended approval of the ordinance.
Councilman Johnson moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
and Wilbanks
Mayor Hutto
Nays: None
ORDINANCE NO. 2671
AN ORDINANCE ACCEPTING THE BID OF POOL TECH OF TEXAS FOR THE
PURCHASE OF AN AUTOMATIC POOL CONTROL SYSTEM AND AUTHORIZING
THE PAYMENT BY THE CITY OF THE SUM OF THREE THOUSAND EIGHT
HUNDRED FORTY -FIVE AND N01100 ($3,845.00) DOLLARS.
90524 -29
Minutes of the Regular Meeting - May 24, 1979
Ordinance - Awarding Annual Contract for Purchase of
Premix Rock Asphalt
Two bids were received for the City's estimated annual
supply of premix rock asphalt. The bid tabulation is
attached to the minutes as Attachment "B ". The low bid was
submitted by Uvalde Rock Asphalt at a unit cost of $13.74
per ton delivered in Baytown. The previous price was $12.21
per ton. This represents a 12J% increase over the 1978 bid
price. 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 Philips, Johnson, Kloesel,
and Wilbanks
Mayor Hutto
Nays: None
ORDINANCE NO. 2672
AN ORDINANCE ACCEPTING THE BID OF UVALDE ROCK ASPHALT
COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF PREMIX
ROCK ASPHALT ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO
BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED.
Ordinance - Awarding the Annual Contract for Purchase of
Concrete Pipe
Bids were mailed to eight prospective vendors for the
City's estimated annual supply of concrete pipe. White
Supply Company submitted the only bid. Unit prices bid were
$3.70 per foot for 12 -inch pipe, $4.17 per foot for 15 -inch
pipe, $4.76 per foot for 18 -inch pipe, $7.15 per foot for
24 -inch pipe, $10.21 per foot for 30 -inch pipe, $14.70 per
foot for 36 -inch pipe. This is an increase of 5.5;'0 over the
1978 bid prices for this product. The Administration recom-
mended approval of the ordinance.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
and Wilbanks
Mayor Hutto
Nays: None
ORDINANCE NO. 2673
AN ORDINANCE ACCEPTING THE BID OF WHITE SUPPLY COMPANY FOR
THE PURCHASE OF ESTIMATED QUANTITIES OF CONCRETE PIPE ON A
UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE
BASED UPON THE ACTUAL QUANTITIES SUPPLIED.
Ordinance - Awarding the Annual Contract for Purchase of
Hot Mix -Cold Lay Asphalt
Bids were mailed to four prospective vendors for the
City's estimated annual supply of hot mix -cold lay asphalt.
Radcliff Materials, Inc. submitted the only bid at a unit
price of $19 per ton. The 1978 price was $15.25 per ton.
This represents a 24.60 increase over the 1978 figure. The
estimated total cost of this bid is $9,500.
Council expressed concern that there were not very many
vendors that bid on hot mix -cold lay asphalt and felt that
the bids should be rejected and rebid.
90524 -30
Minutes of the Regular Meeting - May 24, 1979
In response to a question from Council, Mr. Lanham
explained that he felt there are two factors involved to
prohibit companies from bidding - -the companies can sell all
that they can make and petroleum products are involved;
therefore, companies are reluctant to get tied down to a
definite price.
Councilman Philips suggested that the City bid for a
shorter period, such as six months. Mr. Lanham explained
that the specifications have an escalation clause.
Councilman Johnson moved that this bid be rejected and
that the City readvertise for bids; Councilman Philips
seconded the motion. The vote follows:
Ayes: Council members
and Wilbanks
Mayor Hutto
Nays: None
Philips, Johnson, Kloesel,
Ordinance - Awarding the Annual Contract for Purchase of
Hot Mix Asphalt
Bids were mailed to four prospective vendors for the
City's estimated annual supply of hot mix asphalt. Radcliff
Materials, Inc. submitted the only bid at a unit cost of
$18.25 per ton. This represents a 15.1% increase over the
1978 figure of $15.85 per ton. The estimated total cost of
this bid is $18,250. The Administration recommended that
the bid be rejected and that the City readvertise for bids.
Councilman Johnson moved
that the City readvertise for
seconded the motion. The vote
Ayes: Council members
and Wilbanks
Mayor Hutto
Nays: None
that the bids be rejected and
bids; Councilman Kloesel
follows:
Philips, Johnson, Kloesel,
Ordinance - Awarding the Bid for the Electrical System for
the Police Radio Building
Two bids were received for the electrical work for the
police radio building. The bid tabulation is attached to
the minutes as Attachment "C ". Gulf Coast Electric Company
submitted the low bid in the amount of $7,725. The Adminis-
tration recommended approval of the ordinance.
Councilman Kloesel moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
and Wilbanks
Mayor Hutto
Nays: None
ORDINANCE NO. 2674
AN ORDINANCE ACCEPTING THE BID OF GULF COAST ELECTRIC
COMPANY FOR THE ELECTRICAL SYSTEM FOR THE POLICE RADIO
BUILDING AND AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY
THE CITY FOR THE SUM OF SEVEN THOUSAND SEVEN HUNDRED TWENTY -
FIVE AND N01100 ($7,725.00) DOLLARS WITH REGARD TO SUCH
AGREEMENT.
90524 -31
Minutes of the Regular fleeting - May 24, 1979
Ordinance - Awarding the Annual Contract for Purchase of
Police and Fire Uniforms
Two bids were received for purchase
police and fire civil service employees.
is attached to the minutes as Attachment
tration recommended that the bid be awar
bidder for each item. The total cost of
$13,460.50.
of uniforms for the
The bid tabulation
"D ". The Adminis-
ded to the low
the uniforms is
Councilman Johnson moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
and Wilbanks
Mayor Hutto
Nays: None
ORDINANCE NO. 2675
AN ORDINANCE APPROVING THE PURCHASE OF POLICE AND FIRE
UNIFORMS BY ACCEPTING THE BIDS OF KAUFMAN UNIFORMS, INC. FOR
ITEM NOS. I, II, IV, V, VII, VIII, IX, XI, AND XII AND THE
LEE COMPANY FOR ITEM NOS. III, VI, AND X OF THE CITY OF
BAYTOWN BID NO. 795 -43; AND AUTHORIZING PAYMENT BY THE CITY
FOR EACH ITEM AS SET OUT BELOW.
Resolution No. 677 - Opposing Proposed Railroad Commission
Rule 051.04.03 That Would Allow 100% Flow Through of
Gas Costs
Mr. Bounds explained that several months ago, the Lone
Star Gas Company proposed an amendment to the Railroad
Commission Rules to allow a guaranteed 100% flow through of
all costs associated with their rising energy costs. At
that time, a hearing was to be conducted by the Railroad
Commission staff. There were numerous comments sent in to
the staff opposing the rule that was proposed by Lone Star
Gas. As a result of that, the Railroad Commission has
scheduled a hearing to receive public comment. The Texas
Municipal League has circulated some information regarding
the proposed rule and suggest that the cities do make it
known that the rule, as proposed, does have certain problems.
Mr. Bounds explained that he had prepared a resolution for
Council, which could be submitted to the Railroad Commission
opposing the amendment to the Railroad Commission Rules as
proposed by Lone Star Gas Company. The basic objections to
the rule being that although in recognizing the fact that
Baytown at the present time does have fuel adjustment
clauses and is using adjustments in the City's rate schedules,
that a 100% guarantee or an unqualified right to recovery of
energy costs minimizes the incentive to reduce the cost of
fuel and also limits the authority and flexibility of the
local rate making authorities in establishing equitable
utility rates. This resolution would be forwarded to the
Director of the Railroad Commission to be entered into their
record. The Administration recommended approval of the
resolution.
Councilman Kloesel absent.
Councilman Philips moved for adoption of the resolution;
Councilman Johnson seconded the motion.
Mayor Hutto suggested that it might be helpful if a
representative of Baytown would be present at the hearing to
voice objection. Mr. Bounds explained that the Railroad
Commission has announced that it will be a non - adversary
type hearing, so they are trying to encourage all the public
comment that they can get and felt that it would be very
helpful if a member of the Council could appear at the
hearing.
90524 -32
Minutes of the Regular Meeting - May 24, 1979
Councilwoman Wilbanks commented that she will be in
Austin the week of the hearing and would be very happy to
attend the hearing as a representative of Baytown. The vote
follows:
Ayes: Council members Philips, Johnson and Wilbanks
Mayor Hutto
Nays: None
RESOLUTION NO. 677
A RESOLUTION OPPOSING PROPOSED RAILROAD COMMISSION RULE
051.04.03 THAT WOULD ALLOW 100ro FLOW THROUGH OF GAS COSTS.
Resolution No. 678 - Approving the Transfer of Appropriation
to Provide Funds for Paying Independent Audit Fee for
Report dated September 30, 1978
The proposed resolution approves the
from the General Fund Contingency Account
Account in the Finance Department budget.
$10,500 is needed to cover the total cost
fiscal year audit which was $28,000. The
recommended approval of the resolution.
transfer of funds
to the Auditing
An additional
of the 1977 -78
Administration
Councilman Philips moved for adoption of the reso-
lution; Councilman Johnson seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson and Wilbanks
Mayor Hutto
Nays: None
RESOLUTION NO. 678
A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER TEN
THOUSAND FIVE HUNDRED AND N01100 ($10,500.00) DOLLARS FROM
BUDGET ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO BUDGET
ACCOUNT NO. 0103 -06 -0401, "AUDIT FEES."
Resolution No. 679 - Requesting that the State Department
of Highways and Public Transportation Budget Funds for
Raising a Section of the Roadbed on Loop 201 to Prevent
Flooding
At the last meeting, Council requested that the Admin-
istration prepare a resolution to request the State Depart-
ment of Highways and Public Transportation to budget funds
necessary to elevate the roadbed of Loop 201 at Highway 146
to prevent flooding. The Administration recommended approval
of the resolution.
Councilman Philips moved for adoption of the resolu-
tion; Councilman Johnson seconded the motion.
Mayor Hutto commented that this would be a very expen-
sive undertaking and expressed concern that this might cause
a delay in building a bridge over the ship channel. Mr.
Lanham commented that this may need to be a part of the
bridge planning.
Mr. Bounds suggested that a cover letter be forwarded
with a copy of the resolution to the Department of Highways
and Public Transportation expressing Council's feeling that
this might need to be done in planning for the bridge over
the ship channel. The vote follows:
Ayes: Council members Philips, Johnson and Wilbanks
Mayor Hutto
90524 -33
Minutes of the Regular Meeting - May 24, 1979
Nays: None
RESOLUTION NO. 679
A RESOLUTION REQUESTING THE STATE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION TO BUDGET THE FUNDS NECESSARY TO
ELEVATE THE ROADBED OF THAT SECTION OF LOOP 201 SUBJECT TO
FLOODING.
Consider Recommendation to State Department of Highways and
Public Transportation regarding Inspection and Appraisal
of Bridges
Under the Surface Transportation Act of 1978, the State '
is charged with the responsibility of inspecting and apprais-
ing all bridges on public roads other than those streets or
highways on any federal aid system. The State has several
options available for accomplishing this and these options
are as follows:
A. Perform the inspection and rating with Highway
Department personnel under an agreement with the
local government or governmental agency or entity.
B. Perform the inspection and rating by the local
government or governmental agency on entity under
an agreement whereby they are reimbursed for
costs.
C. Perform the inspection and rating with a consul-
ting engineering firm. This option would also
require an agreement with the local government or
governmental agency or entity.
D. Combination of one or more of the above under the
appropriate agreement or contract.
Mr. Lanham explained that the City does not have the exper-
tise to do this work and the State wants the City of Baytown's
recommendation on this. The Administration recommended that
the State Department of.Highways and Public Transportation
be authorized to do this inspection and appraisal work for
all bridges on the public roads within the city limits of
Baytown.
Councilman Johnson moved to accept the recommendation
of the Administration; Councilwoman Wilbanks seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson and Wilbanks
Mayor Hutto
Nays: None
Consider Request of Hale - Mills, Inc. for Designation of 10'11)
Parking Area Located at 2403 North Alexander as a
Landing Field for Helicopters
Council has received a request from Hale - Mills, Inc.
for a temporary helistop at the shopping center located at
2403 North Alexander. This is also the request that prompted
the Administration to put an item in this regard on the last
agenda. If approved, the helicopter would be used for
executive transportation while the shopping center is being
developed. This request is made in accordance with the City
ordinance concerning the landing of aircraft within the city
limits. A certificate of insurance will be filed with the
City.
Councilman Johnson moved the request made by Hale -
Mills, Inc. be granted for a period of one year to date;
Councilwoman Wilbanks seconded the motion. The vote follows:
90524 -34
Minutes of the Regular Meeting - May 24, 1979
Ayes: Council members Philips, Johnson and Wilbanks
Mayor Hutto
Nays: None
Councilman Kloesel back.
Consider Request for Median Cut on Quailhollow Drive
Council has received a copy of a letter from D.
Brooks Holstein representing Stop 'n' Go Markets. His
company would like to construct a Stop 'n' Go convenience
store at the corner of Baker Road and Quailhollow Drive and
driveway cuts on Baker Road to provide access to this
store. The Council's Traffic Committee has reviewed this
request and has approved the proposed median cut on Quailhollow
Drive. The Traffic Committee took no action on the driveway
cuts on Baker Road. The company had requested two driveway
cuts on Baker Road to provide access to their property.
The staff recommendation was to grant one driveway cut on
Baker Road and that is the one furthest from the intersection
of Baker Road and Quailhollow. The Administration felt
that any median cuts or driveways going from Baker Road to
this property is going to cause traffic to stack up because
it is a very narrow street. The Administration felt that
there would be less congestion with only one median cut on
Baker Road rather than two. Mr. Lanham further commented
that this is still not a desirable situation.
Mayor Hutto recognized Mr. Holstein who represented
Stop 'n' Go Markets. Mr. Holstein explained that basically
what his company is interested in and the reason they feel
two median cuts are needed on Baker Road is because it has
been their experience that more driveways provide safer
ingress and egress into the location. He also commented
that this is also done to aid the Stop 'n' Go Markets.
Once his company acquires a location, they in turn mortgage
it. Mr. Holstein explained that if his company cannot
acquire the median cuts, his management has indicated that
they cannot build a store at that location. Mr. Holstein
explained that it was their feeling that if the road would
be improved, his company could acquire an additional drive-
way, but that he had spoken with persons in Houston and
they indicated that it would be a minimum of five years for
the completion of the north side of Baker Road.
Councilman Johnson commented that it was his impression
that when the north side of Baker Road is finished, the
Stop 'n' Go Markets would lose that first cut by the intersection
because a left turn lane would be placed at that site.
Mr. Holstein also explained that his company would like
to install an illuminated sign at the entrance closest to
the intersection that would state entrance only, and this
would be at their cost. Mr. Holstein explained that it is
beneficial for their business that traffic be able to get in
and out of the store. He explained that they have lease
space next to the convenience store and if only one median
cut is acquired on Baker Road, it will be very difficult in
attracting another tenant. Councilman Johnson commented
that the Traffic Committee had also discussed the illuminated
sign, but this would be unenforceable.
Mayor Hutto commented that he felt two median cuts
would be safer than one median cut.
Mr. Holstein explained that when negotiating a location,
he was aware that there would be a great deal of expense in
doing the culvert work at that location but his company is
more than willing to do that themselves and hopefully in a
few years that property will be taken for a right of way.
90524 -35
Minutes of the Regular Meeting - May 24, 1979
Councilman Johnson moved that the median cut on Quailhollow
Drive be allowed and that the median cut furthest from the
intersection of Baker Road and Quailhollow Drive be allowed
on Baker Road; Councilman Philips seconded the motion.
Ayes: Council members Philips, Johnson and Kloesel
Nays: Councilwoman Wilbanks
Mayor Hutto
Consider Approval of Plans and Specifications for Metropolitan
Highway 56 ( Bayway Drive widening)
The State Department of Highways and Public Transporta-
tion has presented final plans and specifications for the
widening of Bayway Drive from Crow Road to Park Street.
Norman Dykes, City Engineer, and Bill Cornelius, Director of
Planning and Traffic, have reviewed these plans and specifi-
cations and have determined that they meet City requirements.
The Administration recommended approval of the proposed
plans and specifications for Bayway Drive widening.
Councilwoman Wilbanks moved to accept the recommenda-
tion of the Administration; Councilman Philips seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
and Wilbanks
Mayor Hutto
Nays: None
Discuss General Structure of Boards and Committees
Council postponed action on this item until the next
meeting.
Ordinance - Amending the Wrecker Ordinance to Alter the
Makeup of the Wrecker Committee
Council postponed action on this item until the next
meeting.
Consider Appointments to the Wrecker Committee
Council postponed action on this item until the next
meeting.
Consider Appointments to Plumbing Appeals and Advisory Board
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 Baytown Clean City Commission
This will be discussed during executive session.
Ordinance - Appointing the Board of Equalization and
Establishing the Time and Date of the First Meeting
This will be discussed during executive session.
90524 -36
Minutes of the Regular Meeting - May 24, 1979
Committee Reports
Councilman Johnson reported that the Animal Control
Study Committee has been active and that the members made a
trip to the Houston Humane Society last week and picked up
some good pointers.
Recess and Reconvene
Mayor Hutto recessed the open meeting into executive
session to discuss personnel matters, acquisition of land
and pending litigation. When the open meeting reconvened,
the following business was transacted:
Consider Appointments to Plumbing Appeals and Advisory Board
Mayor Hutto reappointed Eddie Albright who occupies the
spot reserved for licensed journeyman and John Q. Belt, who
occupies the spot reserved for building contractor on the
Plumbing Appeals and Advisory Board.
Councilman Johnson moved that these reappointments be
made to the Plumbing Appeals and Advisory Board; Councilman
Philips seconded the motion. The vote follows:
Ayes: Council members
and Wilbanks
Mayor Hutto
Nays: None
Philips, Johnson, Kloesel,
Consider Appointments to Board of Adjustments and Appeals
(Building Code)
The terms of office of five members of the Board of
Adjustments and Appeals have expired. Members whose terms
have expired and who have agreed to serve again are as
follows:
William A. McElhanon - Engineer
Gary Jones - Member at Large
Dallas F. Grigg - Member at Large
Dan Mundinger - General Contractor
Bill Burge - Architect
Councilman Kloesel moved for the reappointment of the
five members whose terms have expired; Councilman Johnson
seconded the motion. The vote follows:
Ayes: Council members
and Wilbanks
Mayor Hutto
Nays: None
Philips, Johnson, Kloesel,
Ordinance - Appointing the Board of Equalization and Establishing
the Time and Date of the First Meeting
Appointments to the Board of Equalization must be made
prior to June 1, 1979. Members serve for one -year terms of
office. Past members were Dorothy Vidrine, Lamar Kelley,
and Alvin Miles. Dorothy Vidrine and Alvin Miles have
indicated their desire to be reappointed.
Councilman Philips nominated 0. L. Clevenger to serve
as the third member of the Board of Equalization and moved
for the adoption of the ordinance setting the date and time
of the first meeting to be Friday, June 1, 1979, at 1:30
p.m. in the City Hall Conference Room; Councilman Johnson
90524 -37
Minutes of the Regular Meeting - May 24, 1979
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel and
Wilbanks
Mayor Hutto
Nays; None
ORDINANCE NO. 2676
AN ORDINANCE APPOINTING A BOARD OF EQUALIZATION TO SERVE FOR
THE YEAR 1979, FIXING THE TIME OF THE FIRST MEETING OF SAID
BOARD, AND AUTHORIZING SAID BOARD TO EXERCISE THE POWER AND
FULFILL THE DUTIES CONFERRED UPON IT BY THE CHARTER OF THE
CITY OF BAYTOWN.
Adj ourn
With no further business to be transacted, Mayor Hutto
adjourned the meeting.
2 Qli-u - L-)
Karen Petru, Deputy City Clerk
APPROVED:
Eileen P. Ha 1, City Clerk
• cirY OF BAYT�WN
T1TL E: AUTOMAT I C POOL CONTROL SYSTEM � �D TA Q j � r ^ �� O a �
B1D� 795 -48 - - - 1 uIJLH l�
DATE 5 - 9:30 a.m.
1TEM
QTY
DESCRIPTlQ1V
1Rn��T EXTE "�DEO
TECN OF TEXAS
UNlT EXTENDED
STRANCO
UNlT x7ENDED
uNlT EXTENDED
UNIT ExTErdDED
1 system
AUTOMATIC POOL CONTROL SYSTEM
$4,298.00
S3 ,845.00
S4,196.00
$4,900.00
i
MAKE b MODEL
Uniloc S�imtrol
Chemtrol
- Model
Not giv
n
Stranco�-
Model
Mock l 45
400 w/a
c.
5 i 4 w /r�
cord�:rs
DELIVERY:
30 -45 da
s
20 days
15 days
14 clays,
LOCATION PARTS S SERUICE:
Houston,
Texas
San Ant
nio, Texas
Austin,
Texas
Parts:
rbana 111.
Service,
Austin, Te
i
ALTERNATE:
$3,150.00
�
MAKE 8 MODEL
Aquasol
Model
600155 -
Ecodyne
�
Pump -Mo
ei 2500C
Delivery:
14 days
Parts S Service
Houston,
Texas
GROSS TOTAL
$4,298.00 $3,845.00 54,196.00 $x+,900.00
LESS Drsc.
• NET TOTA L
DELIVERY
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CITY OnF QAYTOWN
TITLE ANNUAL POLICE � FIRE UtJ I FORM CONTRACT B1 D TABULATION
e r o� .� � -43 --
DA?�E� 5-11 -7� - 9:30 a.m.
KAUFMAN UNIFORMS THE LEE COMPANY_
QTY DESCRIPTION utvtT ExTENbED uiv ^t� �XooNOEO p�%r
GROSS TOTAL
LESS DISC.
NE7 TOTAL
DfVERY
ND D UNIT EXTEND D UfYt T � EXTEND
I.
110
Shirts, Long Sleeve Police
$18.25 ,$2,007.50
No Bid
II.
III.
110
125
Shirts, Short Sleeve, Police
Shirts, Short Slcevc, Firc
.75
1,842.50
900.00
S 6.`�
No t3id
$ 81►3.15
_
7.20
1
A
+'
IV.
V.
VI.
VII.
JI�I.
IX.
X.
XI.
XII.
75
110
10
35
60
65
65
60
60 �
Pants, Fire
Pants, Police
Jacket, Fire
Jacket, Police
Caps, Police and Fire
Coveralls, Fire
Belts, Police and Fire
Trousers, Work, Fire
Jacket, Work, Fire
16
1,252.50
2,090.00
214.00
1,449.00
552.00
1,030.25
422.50
714.00
1,284.00
No Bid
No Bid
135.00
No Bid
No Bid
1.040.00
260.00
No Bid
No Bid
1�.QQ`
21.40
41.4
16.00
4.00
9• ?SL
1 .8
6.50
11.90
21.40
�
+�
TOTAL
13,75x.25
2,278.75
GROSS TOTAL
LESS DISC.
NE7 TOTAL
DfVERY
ND D UNIT EXTEND D UfYt T � EXTEND