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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 -- -- :. o Z- r c) rni crnn o -<n0o r D r Attachment "B" oD Co I 1 M \In �4— ISO lD w 0 n O 'C D � r D D -,G 1 O O� N O n O n + � O 7 v -v m Jo r_ m a o X rn C) n C n r -I o X '1 C X a, R1 a � lu O O rn W o' o � h r° c z o► y O rn 0. no N C x < �i �°_'. m m p m m o v rn - o rz) -- o r, C z ti x� 71 rrl 2 v 0 c M x 4 M z a a c Z X y rn z d rn 0 oD Co I 1 M \In �4— ISO lD w 0 n O 'C D � r D D -,G 1 O O� s Attarnhmant "r.." 1 V l0 l0 w 0 a 3 V lD 1 N r 0 C r 0 Z n 0 d 'C D() OD Ti C QJ rD D ~� C) o� 1 cn ;D m v m 3 -v -- n r o -t m �o Q R1 o v r r z o 0 z -< Lo Q n m rn rn+iWo m mo O m D r 00 n C �zr- 1 N yr m r rn n n v• 0 z� to < OD "3 v► XN-1 .. V -i m V fTl: r N Z cn vl O c' o r*t o O� 0 C 2 71-4 rrl x 2 O O C 2 ti X m z 0 o c z m x M z 0 m 0 1 V l0 l0 w 0 a 3 V lD 1 N r 0 C r 0 Z n 0 d 'C D() OD Ti C QJ rD D ~� C) o� 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