1979 08 09 CC Minutes90809 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
August 9, 1979
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, August 9, 1979, at 6:30 p.m. in the
Council Chamber of the Baytown City Hall. The following members
were in attendance:
Fred T. Philips
Jimmy Johnson
Ted Kloesel
Mary E. Wilbanks
Eileen Caffey
Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Dan Savage
Scott Bounds
Eileen P. Hall
Councilman
Councilman
Councilman
Councilwoman
Councilwoman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Mayor Hutto called the meeting to order and the invocation
was offered by Councilman Cannon.
Receive Petitions
None.
City Manager's Report
Entex - Council has received a copy of the letter from Mr.
Howard Bell, Vice President of Entex, indicating that there has
been a decrease in the cost of gas to Entex and as a result, the
cost of gas has been decreased by 19.805 cents per hundred cubic
feet. This adjustment will become effective with the bills
rendered after August 6. Based on an average residential con-
sumption of 6,000 cubic feet of gas per month, this represents a
decrease of approximately $1.04 per month. This does not require
Council action.
Flood Control District - At the last meeting, the Adminis-
tration was asked to contact representatives of the Flood Control
District regarding the possibility of the city and the Flood
Control District, jointly funding an update of the drainage plan
that was developed several years ago. Mr. Lanham explained that
he had contacted Mr. Gordon Smith about this and he had indicated
that he would discuss this request made by the City with the
appropriate County officials.
Councilman Philips inquired if Mr. Smith had given a date of
when he would be in touch with County officials. Mr. Lanham
explained that he expects to do this next week.
Intersections with No Right Turns on Red - At the last
meeting, the Administration was asked to give Council a list of
intersections with no right turns on red. This list is at the
Council table. An item in this regard will be placed on the next
agenda for the Traffic Committee's consideration.
Street Improvement Program - All of the work has been
completed with the exception of asphalting New Mexico Street. It
was necessary to replace some of the curb and gutter, along with
the valley gutter, which has held up completion of the project.
The only work now remaining is the asphalting.
90809 -2
Minutes of the Regular Meeting - August 9, 1979
Sliplining - The contractor has installed the pipe between
Forrest and Green Street from Pruett to North Jones and has
completed the service connections on that job.
City Employees Annual Picnic - A copy of an invitation to
the City Employees Annual Picnic has been placed at the Council
table. The picnic is to be held on Friday, August 17, 1979.
Harris County Mayors and Councilmen's Association and the
Texas Municipal League - A notice of a joint meeting of the
Harris County Mayors and Councilmen's Association and the Texas
Municipal League has been placed at the Council table and this
meeting will also be held on August 17, 1979.
Questions and Comments Regarding City Manager's Report
Councilman Cannon commented he had received a call from
residents in the Chaparral Village Subdivision complaining about
the tall weeds growing in the County Flood Control Ditch. Coun-
cilman Cannon felt that it would be very accessible for the Flood
Control District to clean that ditch.
Councilman Cannon commented that he had also received a call
from a resident that lives in the Hollaway Subdivision advising
him that the storm sewers in that subdivision are plugged.
Councilman Cannon felt that the City may be able to give them
temporary relief by cleaning the storm sewer. He further com-
mented that it is in the plan stage to clean the ditch north of
Massey Tompkins.
Mr. Lanham commented that the City is planning to do that
and explained that as he indicated at the last meeting, the City
has permission from the railroad company to put a ditch on the
east side of the railroad and that should help this situation.
Councilman Cannon commented that at the last meeting, the
Administration reported the STEP Program would not be funded
after September. He further commented that he wanted to go on
record that the citizens of Baytown are the losers in this thing
and that he hated to see these funds diverted to the enforcement
of 55 mile speed limit on the highways.
Councilman Philips commented that he tends to agree with the
statements made by Councilman Cannon because he felt that the
STEP Program has been very effective. Councilman Philips also
stated that he hopes that somehow the City of Baytown can avoid
the discontinuance of the program.
Councilman Kloesel commented that he received a request
regarding the bridge over Goose Creek Stream on Baker Road. He
commented that he is not very familiar with that but a request
was made for the Engineering Department to consider cutting some
holes in the bridge to release the water on that stream. Coun-
cilman Kloesel felt that holes could be cut in the bridge without
damaging the structure. Mr. Lanham pointed out that this is a
county bridge.
Councilman Cannon commented that while speaking of drainage,
when he went out to look at the ditch in Chaparral Village coming
back down Chaparral Drive, the entrance off Massey Tompkins Road,
the little area that has been approved there, is just a little
short street which street is very low. He inquired if that
street is going to drain? He felt that this could be another
area that will trap water. Mr. Lanham responded that the street
is designed to drain.
Councilman Philips commented that he was north of the City
today, and saw that Harris County is working in some areas on
ditch cleaning. He inquired if the County could give the City of
Baytown their schedule or plan, what are they going to be doing
within the next three or four months so that Council can be aware
of what the County's priorities are and what they intend to do.
The City of Baytown has no idea of where they are working.
•1:1•
Minutes of the Regular Meeting - August 9, 1979
Councilman Philips clarified that the reference should have
been to the Flood Control District. Councilman Philips commented
that it seems to him that there is a program or an organized
effort here but the City is not aware of just what they are doing
and obviously, it impacts on the City's work and the drainage in
Baytown.
Mr. Lanham commented that in talking with Air. Smith, the
County is receiving delivery of mowers and other equipment that
was ordered last year in October and November. The tax that the
citizens pay to the Flood Control District was increased approxi-
mately two years ago and one of the reasons for that increase was
to improve on the maintenance of the ditches. The equipment that
is being purchased from those funds is just now being received.
Councilwoman Wilbanks inquired if the City or County had any
authority concerning the filling in of property along the streams.
The incident at the bridge on Garth Road, where property was
filled in which placed it above the flood plain but created
problems further down the stream is the reason for the inquiry.
Scott Bounds, City Attorney, explained that there is a permit
procedure through the Texas Board of Water Resources dealing with
any filling or drainage adjacent to a state stream which would
affect any type of construction work around the stream that would
affect the drainage.
Councilwoman Wilbanks inquired if Goose Creek Stream would
be considered a state stream. Mr. Bounds indicated that it would
be a state stream. Councilwoman Wilbanks felt that the City
should watch that and see that that process is adhered to.
Councilman Kloesel commented that he has not reviewed the
budget thoroughly, but inquired if it would be necessary to get
another piece of drainage equipment or is the City properly
utilizing its present equipment. He commented that he is con-
cerned about the maintenance and it appears that the City is not
having a periodic check of storm sewers. He felt because drain-
age is such a serious problem, the Council needs to monitor the
cleaning maintenance of storm sewers. Mr. Lanham commented that
the problem there is not equipment but having enough people to do
all the work. Councilman Kloesel stated that he tends to think
that the City has enough people. It is just a matter of shifting
and handling priorities, but this is an item that he would like
to look at. For instance, is more personnel needed to clean
ditches? Councilman Kloesel also pointed out that personnel has
been diverted to work on railroad crossings and that the Admin-
istration and Council need to take a real strong look at this.
Councilman Kloesel requested that the Administration report
periodically on a two month basis as to what is happening on
storm sewer maintenance.
James W. Girardeau Appeared
Mr. Girardeau appeared in his capacity as President of the
Lakewood Civic Association. The association consists of 155
members and represents approximately 456 homes. Mr. Girardeau
stated that he wished to discuss two items that are related - -the
proposed barge terminal in Burnet Bay and initiative election on
Brownwood. The association requested that the City Council do
everything in its power to prevent the establishment of the barge
terminal in Burnet Bay and requested that the matter be referred
to the City Attorney to determine what action could be taken. He
mentioned that the terminal would be unsightly, would tend to
pollute the bays, would limit the recreational use of the bays
and would cause a decline in property values in that area. He
pointed out that this is an area where shrimp spawn. The area
has been restricted to prohibit commercial fishing by the City's
placement of buoys.
Secondly, Mr. Girardeau mentioned that the association had
voted to attempt an initiative election on the Brownwood issue
which would only require 249 signatures. A five - member committee
will be necessary to circulate the petitions. Mr. Hery Rosenbaum
Minutes of the Regular Meeting - August 9, 1979
is representative on the committee from Lakewood and Mr. Reggie
Brewer has agreed to act as chairman. Three citizens will be
selected from other areas of the City to be responsible for
circulating the petition.
In response to an inquiry from Council, Scott Bounds, City
Attorney, explained that his initial reaction when approached by
the newspaper and others in this regard was that this would be
one of the areas which would be subject to initiative petition
since a bond issue would not be an ordinance appropriating money
or authorizing the levy of taxes. Mr. Bounds did state that he
had not researched the matter thoroughly since Council had not
requested an opinion, but the City Charter does provide for very
broad initiative powers. Also, the Texas Supreme Court has
repeatedly upheld the right of people to present initiative
petitions. However, Mr. Bounds reiterated that he had not
researched the subject thoroughly as to how far the powers of
initiative petition would extend or what limitations there may
be.
Mayor Hutto ended the discussion by stating that he would
certainly hope that Council would do everything within its power
to insure that this terminal is not established.
Mr. C. E. Moore questioned the initiative petition proce-
dure. Mr. Bounds explained that the key was what is an ordinance
appropriating funds and the Charter provides that where an ini-
tiative petition is filed, Council must call an election within
120 days or be subject to court order that the election be held.
Mrs. Jean Shepherd Appeared
Mrs. Shepherd appeared as representative of the Brownwood
Civic Association to inquire what timetable could residents of
Brownwood look toward to have badly needed repairs made to drain-
age, sanitary sewer, water systems and streets. Brownwood has
been neglected for several years due to pending bond issue and
possible evacuation. Citizens of the area feel emergency mea-
sures should be taken to correct most serious problems. A
specific problem mentioned is the drainage problem along Brown -
wood Boulevard. Mrs. Shepherd pointed out that after the flood-
ing, solutions to problems on the east and west sides of town
were mentioned, but no solutions to Brownwood's problems.
In response to Mrs. Shepherd's inquiry, the proposed drain-
age study of the entire area was mentioned, along with the fact
that the Administration has been asked to work up a list of
possible solutions to immediate problems.
Bill Walstead Appeared
Mr. Walstead appeared to request that Council consider an
executive session to hear personnel charges against his daughter,
Jennifer. Council agreed to an executive session concerning that
matter on September 13.
Rod Calk Appeared
Mr. Calk appeared as representative of Allenbrook Subdivi-
sion and presented a petition which had been signed by almost
100% of the residents of Section Nos. 1 and 2. The petition
requested that the City Council direct efforts to find the causes
of flooding and effect remedies.
Mr. Calk reminded Council that this is the hurricane season,
and therefore, the petitioners urge and plead for immediate
inspection and correction of items that do not require study such
as:
1. Cleaning out sewers and drains - -are they big enough;
are there enough of them -- Birdsong to Baker Road on
Allenbrook, no sewers in between and approximately
covers 5/10 of a mile.
hi
90809 -5
Minutes of the Regular Meeting - August 9, 1979
2. Cleaning out of drainage ditches.
3. Involving the Harris County flood Control District as
is appropriate.
4. Relieving Baker Road drainage in our subdivision on
Allenbrook.
5. Establishing ordinances or enforcing ordinances if they
already exist, or keeping debris out of the sewer
system.
Councilman Kloesel moved to accept the petition; Council-
woman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
Councilwoman Wilbanks commented that she had talked with
several of the people in the subdivision and she appreciated the
approach that they have taken. She also mentioned that the
residents had banded together to dig three or four ditches in the
midst of the rain to get some of the water out of the subdivision.
Councilwoman Wilbanks commented that she also knows that during
the time of the heavy rains, they were able to clean two of these
drains themselves. If they were able to do that, there may be
many other things in the main trunk lines that would carry this
water out and if maintenance could take care of this problem,
that would be a very good investment of City funds to maintain
the capital expenditures that are already there.
Councilman Cannon inquired as to what has been done since
the flood in that particular area? Having been at the Sterling
Graduation in early June, and hearing a report that Allenbrook
did not experience any flooding during that rain, something had
to happen in a very short period of time. Councilman Cannon
commented that it is very hard to understand why the water backed
up on July 26. Mr. Lanham commented that he cannot understand
what could have happened between June 1 and July 26 to cause this
type of flooding. Mr. Lanham commented that he had been told
that water was coming down Allenbrook from Baker Road. A great
deal of water came into the Allenbrook Subdivision from that
source. Evidently, that did not happen on June 1.
Councilman Cannon commented that looking at Baker Road, the
City is creating problems in design of streets. Councilman
Cannon felt that the City is doing something wrong in their
design and felt that the City is not requiring proper subdivision
drainage and felt that this is part of the problem.
Mr. Lanham explained that if the City builds the streets
higher, then the abutting property does not drain into the
street. Mr. Lanham inquired if the City should need to put
additional storm sewers between Allenbrook and the ditch, would
residents of Allenbrook who live along there grant the City an
easement to put storm sewers in? Mr. Lanham stated his reason
for inquiring is that this is a remedy being considered by Norman
Dykes, Director of Public Works and City Engineer.
Mayor Hutto recognized a gentleman that resides in Allen-
brook, Section III, who indicated that the night Sterling High
School was holding their commencement, Allenbrook Section III did
definitely experience flooding. The gentleman explained that the
water did come from Baker Road on that particular night. The
particular ditch that has been mentioned lacked four feet from
being as full as the subdivision streets were. The gentleman
felt that if Baytown is experiencing so many flooding problems
with a rain, what will happen if Baytown experiences a hurricane?
Mayor Hutto recognized Paul J. Gniadek, a resident of the
Allenbrook Subdivision, who presented pictures to Council of the
•1:1• .
Minutes of the Regular Meeting - August 9, 1979
flooding of that subdivision. Mr. Gniadek explained that Mr.
Calk has given Council a very accurate, comprehensive and some-
what disturbing summary of all of the events that took place in
Allenbrook on July 26, 1979. Since then, Mr. Gniadek has been in
communication with many of the Council members and the Adminis-
tration talking about the problem and trying to reach some solu-
tion to these problems. The update that he had received is that
the City Engineering Department is working on a study to deter-
mine the cause of the flooding to issue specific recommendations.
Mr. Gniadek explained that Mr. Dykes has been very helpful in
this area. The City Engineering Department has also written a
letter to the Harris County Flood Control District requesting
that Goose Creek Stream be cleared in the area of Baker Road.
The City has also inspected the storm drainage and maintains that
it is clear. ^7
Mr. Gniadek inquired as to what legal liability does F. A.
Richardson have in Allenbrook Sections I, II and III, being the
developer of this subdivision, for the drainage problems that
exist here. Mr. Bounds suggested that Mr. Gniadek speak with a
private attorney in that regard. Mr. Gniadek explained that he
has been told by Mr. Richardson that it is no longer his problem.
Mr. Gniadek requested that Mr. Bounds look into this matter. Mr.
Lanham explained that the City has no reason to assume that the
storm sewers that were put there were not in accordance with the
subdivision regulations.
Mr. Gniadek explained that another recommendation that Mr.
Dykes had made as an emergency gap measure, is to cut swells into
the existing City property where a lift station exists between
Birdsong and Goose Creek.
Mr. Gniadek inquired if any funds are available for instal-
lation of an additional storm drain between Baker and Birdsong or
at the very minimum, to work on the pipes that are presently
entering Goose Creek. They are entering at a 90 degree angle
when a 45 degree angle would actually draw the water from the
pipes in the direction of the flow. Mr. Lanham responded that
City crews would do the work; therefore, the only cost would be
the pipe which he felt the City would have funds available for
this purpose. The City is getting close to the next budget year.
The Administration has proposed $180,000 in that budget for
materials which would include pipe. Mr. Gniadek hoped that some
existing money could be used to angle the pipes and possibly
install an additional storm drain.
Councilwoman Wilbanks commented that the systems may be
designed to carry the water just from the subdivision itself but
it was not designed to carry the water that comes rushing off the
parking lot and Baker Road. Perhaps the problem exists somewhere
beyond the subdivision, and needs to be stopped before reaching
the subdivision.
Councilman Johnson commented that he had observed in many
subdivisions water dams in the subdivisions and he felt that this
will be incorporated into the study that is being made by Mr.
Dykes. Mr. Lanham explained that the City's subdivision regu-
lations provide for storm sewers that are designed to handle
certain sized rains. If the City receives more rain than that,
there is a danger of flooding. Also, if there is water running
into the subdivision from another area, the drainage system is
unable to handle the excess.
Mr. Gniadek asked that as a representative of the Allenbrook
Subdivision, to be given a date where possibly the residents may
hear the City's result of this study and the City's accomplish-
ments in this area.
Councilman Philips stated that the City has already recog-
nized the problems in Allenbrook and the areawide problem.
Council as a whole has taken steps to set in motion a new study
to update the existing comprehensive drainage study that was
prepared by Bernard Johnson Engineers of Houston in 1972. The
City has to look at this thing on a total system basis if the
90809 -7
Minutes of the Regular Meeting - August 9, 1979
City is going to do any good. Mr. Gniadek concurred with what
Councilman Philips said, but Mr. Gniadek stated that it could be
those little things that would tide them over for a few weeks or
at least through hurricane season.
Mr. Lanham felt that if the budget is approved as recom-
mended, on October 1 there will be funds available.
Councilman Kloesel commented that the emergency ditches that
were dug should be pursued further.
Councilman Philips asked if the Engineering Department could
give Council a recommendation quickly so that by budget time, the
Council would have an idea of what is involved out there. If it
is ditch cleaning, that can be done in the budget as a routine
project, but if if is something else and more serious, the Coun-
cil ought to be aware of that. The Council might need to shift
some money from one area to another. Mr. Lanham felt that the
Engineering Department could have a study of some of the easier
solutions that have been discussed by the first meeting in Sep-
tember.
Councilwoman Caffey stated that Council had heard from two
different groups along the very same lines, both with the same
problems, and both asking for dates or what they can look to.
She felt that Council and the Administration need to address
themselves to some emergency measures to help these people.
Councilman Cannon suggested that the City approach the
developer to obtain an easement to cut a ditch through there.
Mr. Gniadek commented there are many vacant lots and Mr. Dykes
had informed him there was one City lot where the lift station is
located where a ditch could be cut. Councilman Cannon commented
if an open ditch would be cut, it would get them through hurri-
cane season.
Councilman Kloesel felt that this is the route to go, to get
a ditch cut through some of the areas available. Mr. Gniadek
commented that Mr. Dykes had given him the impression that he was
ready to go out there and do a few things if he received the
necessary permission from Council. Councilman Kloesel responded
that Council needs Mr. Dykes' recommendations and the cost
involved to determine what should be done.
Councilman Cannon asked that Mr. Lanham come back to Council
as to what could be done very quickly to resolve part of the
problem and the most cost effective measures. Mr. Lanham explained
that it would not take much more time to put the pipe in than to
dig a ditch.
Mr. Gniadek felt that angling the pipe could be a possible
solution that would relieve the problem.
Councilman Kloesel felt that the City may need to contract
to do this work if the City does not have sufficient forces or if
the City has sufficient manpower, the City may need to lease
additional equipment.
Councilman Philips commented that the same discipline should
be asked of the City that the City is asking of the County to
tell what is being done and their timetable. Councilman Philips
asked that Mr. Lanham and the Streets and Drainage Division give
Council a timetable of what the City's resources can do and how
far the City can get in a certain period of time. He also would
like to know what the City's priorities are and what the City's
timetable is. If it does not look like the City can get there
with the resources that the City has, then obviously, the Council
has to say, what is it, money or manpower?
Councilwoman Wilbanks invited the residents of Allenbrook to
sit in on the upcoming budget sessions.
In response to a question from Councilwoman Caffey, Mr.
Lanham stated that he felt that the Administration could come up
Minutes of the Regular Meeting - August 9, 1979
with a proposed timetable of drainage solutions by the first
meeting in September, based on the drainage problems that the
City experienced on June 1 and on July 26, and this would include
the Brownwood subdivision. The Administration has worked from a
priority list for a number of years and the Administration is
working now to relieve some of the drainage problems in the
Singleton Addition. The City is trying to be responsive but the
City is unable to do it all at once.
Councilwoman Wilbanks commented that as a City Council, the
City needs to see drainage as the major priority for the upcoming
budget.
Councilman Cannon also encouraged attendance at the work
sessions.
Councilman Philips pointed out that the City might need to
increase the tax rate. The present rate is $1.44. The City
could increase the tax rate to $1.54 and alot more work could be
done; however, many calls are received from citizens who do not
desire a tax rate increase.
Mayor Hutto recognized Mr. Parker, who commented that the
City has an ordinance requiring steel in the curb and steel was
not in the curb; therefore, what recourse would the City have?
Councilman Cannon commented that this will have to be researched
by the legal department.
Councilman Kloesel emphasized that the Council needs to have
the legal department follow this up to see what legal action can
be taken by the City to resolve this. He further stated that he
has been a supporter of knowledgeable inspectors with expertise
and experience and most of all good pay for the inspectors. The
City has not been paying enough money to attract top notch inspectors.
Ms. Wilma Taylor Appeared
Ms. Taylor appeared to
had experienced regarding a
experience flooding during
has since been cleared.
Mr. Doug Tromblee Appeared
apprise Council of difficulties she
drainage ditch. Ms. Taylor did
the last flooding period and the ditch
Mr. Tromblee appeared to request that Council again consider
establishment of a Code of Ethics, especially in the area of
conflicts of interest.
Councilman Kloesel stated that Mr. Tromblee had appeared
several months earlier concerning a Code of Ethics and that he
was in complete agreement with Mr. Tromblee that there is a need
for a Code of Ethics. Councilman Kloesel requested that an item
be placed on the next agenda concerning establishment of a Code
of Ethics.
Ordinance - Authorizing Final Payment to Holzaepfel Construction
Company for Completion of Jenkins Park Pavilion
This work has been completed and inspected by Busch, Hutchi-
son and Associates and by the City's staff. Total cost of the
contract is $47,064; final payment is $4,706.50. The Administra-
tion recommended final payment.
Councilman Johnson moved for adoption of the ordinance;
Councilman Kloesel seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
W
Minutes of the Regular Meeting - August 9, 1979
ORDINANCE NO. 2707
AN ORDINANCE APPROVING AND ACCEPTING CONSTRUCTION OF A PAVILION
AT JENKINS - HOLLAWAY PARK BY HOLZAEPFEL CONSTRUCTION COMPANY,
INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE
TERMS OF THE CONTRACT; ACCEPTING THE CONSULTING ENGINEERS' CERTI-
FICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE
SAID HOLZAEPFEL CONSTRUCTION COMPANY, INC.; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Mayor Hutto called a ten minute recess.
Ordinance - Authorizing Acceptance of Construction of Spur 330,
From Loop 201 to Garth Road, a Distance of Approximately .8 Miles
The Texas Department of Highways and Public Transportation
has completed work on the construction of Spur 330 from Loop 201
to Garth Road, a distance of approximately 8 /10ths of a mile.
The City of Baytown asked the Highway Department to install curb
and gutter in this street and agreed to pay the cost of the curb
and gutter. The work has been completed and in order for the
City to send statements to the abutting property owners, it is
necessary that the Council officially accept the work and autho-
rize the assessment of the paving liens. The Administration
recommended approval of the ordinance.
Councilman Philips moved for the adoption of the ordinance;
Councilwoman Caffey seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2708
AN ORDINANCE ACCEPTING THE WORK OF IMPROVING A PART OF SPUR 330
IN THE CITY OF BAYTOWN, TEXAS, UNDER A CERTAIN CONTRACT THEREFOR
IiERETOFORE ENTERED INTO; FINDING AND DETERMINING THAT SUCH WORK
AND IMPROVEMENTS HAVE BEEN COMPLETED IN ACCORDANCE WITH SUCH
CONTRACT AND THAT THE CITY ENGINEER HAS SO FOUND AND HAS SO
CERTIFIED TO THE CITY COUNCIL; AUTHORIZING AND DIRECTING THE
PAYMENT OF THE FINAL ESTIMATE AND THE ISSUANCE AND DELIVERY OF
CERTAIN SPECIAL ASSESSMENT CERTIFICATES IN CONNECTION THEREWITH;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Amending Chapter 7, "Buildings," Article III, Buffer
Fencing, to Provide Criteria for Exceptions
At the last meeting, Council considered a request from the
First Baptist Church of Baytown for an exemption to the City's
Buffer Fencing Ordinance. Council instructed the Administration
to prepare an ordinance to provide for exemption to that ordi-
nance. The Administration has prepared an ordinance to provide
criteria for exceptions to the buffer fencing provisions of the
code. Permits to construct parking lots are not provided for in
the Code of Ordinances. However, one must obtain a permit to
make curb cuts which is the permit the church applied for when
required to construct the buffer fence. The Inspection Depart-
ment has been interpreting the ordinance regarding buffer fencing
to include parking lots. Mr. Lanham explained that the ordinance
states that a commercial building that is constructed adjacent to
one or two family residences is required to build buffer fencing.
The Inspection Department has been interpreting that to include
parking lots. Mr. Lanham explained that the City Attorney felt
this to be a misinterpretation. Since parking lots adjacent to
a residence can be as objectionable or more objectionable than a
commercial building, the Administration will come back to Council
with an ordinance to provide that buffer fencing be constructed
around parking lots.
•���•
Minutes of the Regular Meeting - August 9, 1979
Councilman Cannon back.
Councilman Johnson commented that he agreed with Air. Lanham
because his home and lot backs up against the Villa Marina Apart-
ments where no buffer fencing is provided.
In response to a question from Councilman Johnson, Mr.
Lanham explained that if a parking lot was built as a part of an
overall project, the City would require buffer fencing now, but
if only a parking lot is being constructed without necessity for
curb cuts, no permit is required and therefore, no buffer fencing.
The Administration recommended that the proposed ordinance be
passed as presented and the Administration will come back to
Council at the next meeting with an amendment to the Building
Code that would include parking lots.
Councilman Johnson asked that Mr. Lanham check on the
parking lot of the Villa Marina Apartments to see whether the
parking lot was built separately or as part of the original
apartment complex.
Mr. Lanham explained that the proposed ordinance makes an
exception for church construction and the Chief Building Inspec-
tor may make exceptions if he determines that a buffer fence
would serve no useful purpose.
Councilman Kloesel moved for the adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2709
AN ORDINANCE AMENDING CHAPTER 7, "BUILDINGS ", OF THE CODE OF
ORDINANCES BY THE ADDITION OF SECTION 7 -37, BUFFER FENCING- -
EXCEPTIONS, TO ESTABLISH EXCEPTIONS TO THE REQUIREMENT FOR BUFFER
FENCING; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Authorizing the Mayor to Execute an Agreement with
the State of Texas for Railroad Signalization on Oak Street
The State Department of Highways and Public Transportation
and the railroad companies have agreed to install automatic
warning devices at two crossings. One crossing is on Oak Street
between Riggs and Carver Street and the other is on North Main at
Fayle. As you recall, the City had asked for a change in the
design on the signal to be placed at Fayle and North Main and
that has been approved. The design on the Oak Street signal is
acceptable to the Administration. Under the terms of the pro-
posed agreement, the City will pay 5% of the estimated total cost
for signalizing this intersection. Estimated total cost is
$42,300. The City's portion would amount to $2,115. The Admin-
istration recommended approval of the ordinance.
Councilman Kloesel inquired as to what is the participation
by the state and federal government. Mr. Lanham explained that
it is ninety -five percent.
Councilman Kloesel commented that he would support this
ordinance in order for the City to get the crossing but is
reluctant to accept federal aid for the railroad, and questioned
if there was federal participation in signalization at all
crossings. Mr. Lanham explained that there was federal aid
participation on the signal installed at Airhart, but the federal
government did not participate in the automatic devices installed
on Ward Road, Cedar Bayou Road and Massey Tompkins.
90809 -11
Minutes of the Regular Meeting - August 9, 1979
Councilman Philips inquired about the maintenance of the
traffic signals as to the arms that come down, who will be
responsible for repairing them when broken? Mr. Lanham explained
that it will be the responsibility of the railroad.
Councilman Philips inquired if the Administration is sure
that this will solve the problems or will it create problems such
as maintenance, noise, etc. and inquired why this intersection
was selected for signalization? Mr. Lanham explained that the
Highway Department made a study of the various crossings in the
City and this intersection was one on the high priority list.
Councilman Kloesel moved that this participation request be
authorized by the City Council; Councilman Philips seconded the
motion.
Councilman Cannon commented that he would like to encourage
them to rush the North Main and Fayle Street railroad signaliza-
tion.
Councilman Philips asked that the Administration write a
letter of record to ask for a high priority to have that crossing
signalized, pointing out the fatality that occurred at North Main
and Fayle Street. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2710
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN AGREE-
MENT BETWEEN MISSOURI PACIFIC RAILROAD COMPANY, THE STATE OF
TEXAS, AND THE CITY OF BAYTOWN FOR RAILROAD SIGNALIZATION ON OAK
STREET.
Ordinance - Awarding Bid for Annual Purchase of Corrugated
Galvanized Metal Pipe
Two bids were received for the annual purchase of corrugated
galvanized metal pipe. The bid tabulation is attached to the
minutes as Attachment "A." Armco, Inc. submitted the low bid in
the total amount of $112,725. This pipe will be purchased on an
"as needed" basis. Unit price will be used to determine the
City's total cost. This is the pipe that will be used to con-
tinue the drainage work throughout the City. The price is firm
until April, 1980. Mr. Lanham explained that he had a price
comparison of the cost last year versus this year's price. For
36 -inch pipe price, there is a 9.3% increase, 42 -inch pipe -
9.1 %, 48 -inch pipe - 14.9%. The Administration recommended
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,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2711
AN ORDINANCE ACCEPTING THE BID OF ARMCO, INC. FOR THE PURCHASE OF
ESTIMATED QUANTITIES OF CORRUGATED GALVANIZED METAL PIPE ON A
UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED
UPON THE ACTUAL QUANTITIES SUPPLIED.
90809 -12
Minutes of the Regular Meeting - August 9, 1979
Ordinance - Awarding Bid for Annual Purchase of Cement Stabilized
Sand
Four bids were received for the City's annual purchase of
cement stabilized sand. The bid tabulation is attached to the
minutes as Attachment "B." Bids were submitted based on a plant
site price. Parker Brothers submitted the low bid at an esti-
mated cost of $44,950. Parker Brothers plant site is at least 20
miles from the Municipal Service Center. The Highlands Shell
Company submitted a plant site price totaling $51,560. When the
City's cost of delivering material is calculated, the bid of
Highlands Shell Company, Inc. is the lowest total cost bid for
the City. The Administration recommended approval of the High-
lands Shell bid.
Councilman Philips inquired if the Administration has con-
sidered requesting a bid with a delivery price. Mr. Lanham
explained that the City has not asked for a delivery price on
this particular item in the past, but the City has done so on
other items. Councilman Philips inquired if the City is using
its resources to haul sand when these same resources should be
used to haul muck out of ditches, clean drainage ditches, etc.?
Mayor Hutto suggested that in taking bids next year, bids
should be sought on delivery price as well as plant site price.
Mr. Lanham explained that the City uses small amounts of
this material because the City uses this material when installing
driveway culverts and if the City crews had to spend alot of time
waiting for the company to deliver the material, this would also
be a waste of City resources.
Councilman Kloesel moved for adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2712
AN ORDINANCE ACCEPTING THE BID OF HIGHLANDS SHELL FOR THE PUR-
CHASE OF CEMENT STABILIZED SAND ON A UNIT PRICE BASIS, WITH THE
COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES
SUPPLIED.
Ordinance - Awarding Bid for Annual Purchase of Flexible Base
Material
Five bids were received for the annual purchase of flexible
base material. The bid tabulation is attached to the minutes as
Attachment "C." Bidders were asked to bid on a plant site price
and a delivered price. The bid of Highlands Shell Company, Inc.
for delivered price is $9.95 per ton. This total price is the
best price for the City of Baytown. The Administration recommen-
ded approval of the ordinance.
Councilman Johnson moved for the adoption of the ordinance;
Councilwoman Caffey seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2713
AN ORDINANCE ACCEPTING THE BID OF HIGHLANDS SHELL COMPANY, INC.
FOR THE PURCHASE OF ESTIMATED QUANTITIES OF FLEXIBLE BASE MATE-
RIAL ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO
BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED.
90809 -13
Minutes of the Regular Meeting - August 9, 1979
Ordinance - Awarding Bid for Annual Purchase of Calcium Hypochlorite
Four bids were received for the purchase of calcium hypo -
chlorite. The bid tabulation is attached to the minutes as
Attachment "D." This material is used in the operation of the
City's wastewater treatment plants. Thompson- Hayward Chemical
Company submitted the low bid at a cost of $74 per container.
This is a 19.7% increase over last year's bid price. The Admin-
istration 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,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2714
AN ORDINANCE ACCEPTING THE BID OF THOMPSON- HAYWARD CHEMICAL
COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF CALCIUM
HYPOCHLORITE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE
PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED.
Ordinance - Awarding Bid for Annual Purchase of Readv Mix Concrete
Two bids were received for the annual purchase of ready mix
concrete. The bid tabulation is attached to the minutes as
Attachment "E." Vendors were asked to bid on both bulk purchases
of concrete and also trailer load purchase. No bids were received
on the trailer load purchase of concrete. One of the bulk purchase
bids was disqualified because it was not submitted on the City's
required bid form, and thus the contractor did not indicate his
intention to comply with conditions set forth on the bid form.
Franks & Son, Inc. did meet the bid specifications. Because of
the difficulty in obtaining bids, the Administration recommended
that this be rebid and that these two items be separated.
In response to a question from Council, Mr. Lanham explained
that the City is not the most desireable customer because the
City uses only small quantities at a time.
Councilman Kloesel moved that bids be resubmitted on this
item; Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
Ordinance - Awarding Bid for Annual Purchase of Liquid Chlorine
Three bids were received for the purchase of the annual
supply of liquid chlorine. The bid tabulation is attached to the
minutes as Attachment "F." Two of the vendors submitted no bid.
The bid of Dixie Chemical Company does meet specifications.
Because of the lack of bidders, the Administration recommended
that the City readvertise for bids.
Councilman Kloesel moved that the Administration readvertise
for bids; Councilman Philips seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
90809 -14
Minutes of the Regular Meeting - August 9, 1979
Ordinance - Amending the City's Supplemental Retirement Plan
The Administration was not ready to act on this item at this
meeting.
Resolution No. 693 - Authorizing Participation in Lawsuit
Involving Legality of State Sales Tax
Last year, U. S. Steel filed suit in Travis County District
Court, asking the court to find a portion of Texas' City Sales
and Use Tax Act unconstitutional. Texas Municipal League is
attempting to organize cities to intervene in the case. The firm
of Fulbright and Jaworski has been retained by the League to
prepare the cities' answer to U. S. Steel's allegations. The
minimum amount estimated as cost to defend the cities is $200,000.
Each city desiring to participate has been requested to contribute
one -half of one percent of that city's 1978 sales tax allocation;
therefore, the City of Baytown's contribution would be $987.19.
Upon final disposition of the case, a complete accounting will be
made, and any unexpended amounts will be returned on a pro rata
basis.
Councilman Philips stated that he felt the City should not
put taxpayers' money into the defense of this suit. The City of
Baytown is really a minor and insignificant part of this.
Mr. Lanham explained that the citizens of Baytown had voted
to participate in a sales tax for Baytown. The Administration
recommended approval of the resolution.
Councilman Kloesel also expressed opposition to the City
participating in this lawsuit because he felt the state should
defend the State of Texas Sales Tax. Councilman Kloesel expressed
the opinion that the State Sales Tax is inflationary.
Mr. Bounds, City Attorney, explained that by intervention in
the lawsuit, the cities would be protecting their interest. The
importance of the sales tax to the cities will be emphasized by
their participation.
Councilman Cannon moved that the City of Baytown participate
in the proceedings to the maximum amount of $987.19; Councilman
Johnson seconded the motion.
Councilman Cannon asked that the Administration check to
determine what other cities are participating in the lawsuit.
Mr. Bounds said that he could check on this, and he could
also apprise Council of what had transpired in other cases where
the City of Baytown had intervened. The vote follows:
Ayes: Council members Johnson, Wilbanks, Caffey
and Cannon
Mayor Hutto
Nays: Council members Philips and Kloesel
RESOLUTION NO. 693
A RESOLUTION AUTHORIZING PARTICIPATION IN SALES TAX LITIGATION;
AUTHORIZING THE CITY MANAGER TO TRANSFER NINE HUNDRED EIGHTY -
SEVEN AND 19/100 ($987.19) DOLLARS FROM GENERAL FUND ACCOUNT NO.
0101 -12 -0100, "CONTINGENCIES," TO GENERAL FUND ACCOUNT NO. 0101-
06 -0400, "SPECIAL SERVICES."
Consider Appointment to the Electrical Board
This will be discussed during executive session.
Committee Reports
None.
W
90809 -15
Minutes of the Regular Meeting - August 9, 1979
Recess, Reconvene and Adjourn
Mayor Hutto recessed the open meeting into executive session
to discuss personnel matters, land acquisition, and pending legal
matters. When the open meeting reconvened, Mayor Hutto announced
that no business was transacted.
With no further business to be transacted, Mayor Hutto
adjourned the meeting.
-A� o S� P " + " '--� )
Karen Petru, Deputy City Clerk
APPROVED:
Eileen P. Hall, City Clerk
ANNUAL CORRUGATED GALVANIZED METAL PIPE CONTRACT G! T Y O F B Q Y TO WIV
TITLE: ... BID TABULATION
Q � D� 798-55
DQTG: �-6 -79 - 930 a.m.
(iKU55 IU INL
LESS DISC.
NET 70TAL
DF�'�IVERY
.�
ARMCO INC.
RAMCO STEEL, INC.
ITEM
QTY
DESCRIPTION
RNIC
EXTENDED
UNIT
EXTENDED
UNIT
NO
UNIT
EXTENOE!]
UNIT
X7 NOED
CORRUGATED GALVANIZEC METAL PIPE
1.
500 ft.
36" fuil circle diameter
$17.22
$ 8,610.00
$19.31
$ 9.655.00
2.
500 ft.
42" full circle diameter
20.00
10,000.00
22.45
11,225.00
3.
1,500 ft.
48" full circle diameter
22.80
34,200.00
23.58
� 35,370.00
4.
500 ft.
54" full circle diameter
25.60
12,800.00
30.71
15,355.00
5.
500 ft.
60" full circle diameter
28.38
14,190.00
31.85
15,925.00
6.
500 ft.
66" full circle diameter
31.15
15,575.00
34.88
17,490.00
7.
500 ft.
72" full circle diameter
34.70
17 350.00
38.12
19,060.0.0
70TAL BID:
�
$112,725.00
$124,080.00
�
DELIVERY:
7 to 25
ays
i0 days
a'
*Prices
irm to
a�i
4 -t -8o
�
�a
�,
. �
(iKU55 IU INL
LESS DISC.
NET 70TAL
DF�'�IVERY
.�
TITLE: CEMENT STABILIZED SAND
B 10� 798 -56
DATE 8 -6 -79 - 9:30 a.m.
C1 TY OF BAYTOWIV
BID TABULATION
ITEM
QTY
DESCRIPTION -
PARKER BROTHERS
HIGHLANDS SHELL
M. b R. TRUCKING
ANAHUAC TOWING
UN,T
EXTENDED
UNIT
EXTENDED
UNIT
ND D
UNIT
EXTEND D
UNIT
EXT
NDED
CEMENT STABILIZED SANG
1.
3,000 tons
1� sk. Cerr+ent stabilized sand
$ 9.40
$28,200.00
$10.73
$32,190.00"
$11.80
$35,400.00
$14.50
$43,500.00
2.
1,000 tons
2 sk. Cement stabilized sand
10.65
10,650.00
12.37
�.
12,370.00��
12.60
12,600.00
15.70
15,700.00
3.
500 tons
2� sk.- Cement stabilized sand
12.20
6,100.00*
14.00
7,000.00
13.00
6,500.00
17.70
8,850.00
GRAND TOTAL:
$44,-950.00
551,560.00
�
$54,500.00
$68,500.00
*Prices
irm for 6
* Prices
good for
pq
months
bject to
30 day
6$ i ncr
se there -
+'
after.
-
�
PLANT LOCATION:
5303 Na
igation
1318 Sou
h Main
1986 Hi
hlands Shor
HiWay 146
a; Cedar
�
Houston,
Texas
Highland
Texas
Highlan
s, Texas
Bayou
d.
�
Baytow
Texas
�
DISTANCE FORM 1200 LEE. DR.
20 Air
files
7.6 Mile
10 Mile
4 - 5 Miles
e
GROSS TOTAL
LESS DISC.
NET 707AL
D (VERY _._ .
CITY OF BAYTOWN
TITLE: FLEXIBLE BASE MATERIAL B!D TABULATION
B f D� 798 -s7 -
DATE; 8 -6 -19 - 9:30 a.m.
PARKER BROTHERS
RADCLIFF MATERIALS
HIGHLANDS SHELL
GULF COAST LIMESTONE
M. S R. TRUCKING
ITEM
QTY
DESCRlPT1ON �
UNIT
EXTENDED
UNIT
EXTENOED
UNIT
ND D
UNIT
EXTENO D
UNIT
EXT NQED
FLEXIBLE BASE MATERIAL
�
-
1.
7,000
Tons F.O.B. plantsite
$8.06
$56,420.00
$8.50
$59,500.00
$8.70
$60,900.00*
$8.70
$60,900.00
$10.78
$75,460.00
. 1A
7,000
Tons F.0.6. 1601 West Main
10.74
75,180
11.25
.78,750.00
9.95 c.
69,650.00
10.00
70,000.00
10.28
71,960.00
SUPPLY�LOCATION:
Houston,
Texas
Galena P
rk, Texas
Highlan
s, Texas
Baytown
Texas
Baytown,
Texas
DISTANCE FROM 1200 LEE DR. TO
PLANTSITE
20 Air
files
16 Miles
7.6 Mil
s
} Block
2 Blocks
U
*Prices
re plus all
*Prices
ood for
Prices
good for
*Prices
subject to
-
future f
fight in-
30 days
30 day
Escala
ion
�
creases
ich will be
�
added.
,�
U
cd
+�
GROSS TOTAL
LESS DISC.
NET TOTAL
D�� .IVERY
� _.___..__ ._.. ___ __ .- -_ -._. _ _._ --
C1 TY 0 F BAYTOWN
TITLE: CALCIUM HYPOCHLORITE B10 TABULATION
BID Jas -ss
DATE 8 -6 -79 - 9:30 a.m.
ITEM
QTY
DESCRlPT10lV �
RNfT
EXTENOEO
UNIT
ExrENDEO
UNIT
X ENDED
UNfT
EXTENDED
UNIT
EXTENDED
CALCIUM HYPOCHLORITE
1.
100
Containers of Calcium Hypochlorit
$74.00c
$ 7,400.00 �•
$82.00c
$ 8,200.00*
$g0.00c
$ 9,000.00
$94.75
$ 9,475.00*
BRAND NAME:
Olin "Fr
e�tyle"
HTH
HTH
Olin HT
DELIVERY:
2 - 3 d
ys
10 days
3 days
4 days
`Price
irm.for
*Price F
rm
*Price
irm for
3 mont
s
b mont
s
A
ai
U
cd
-
+�
o
..
GROSS fOiAL
LESS DISC.
NET T07AL
D ' (VERY
CITY OF BAYTOWN
TITLEANNUAL READY MIX CONCRETE CONTRACT � � BID TABULATION
: ...�.�,. .
B ! D= 798 -59 � -.
DATE 8 -6 -79 - 9:30 a.m.
ITEM
QTY
DESCRIPTION
GlFFORD- ILL
UNC
EXTENDED
UNIT
EXTENDED
UNIT
X NOD
UNIT
EXTEND 0
UNfT
EXTENDED
READY MIX CONCRETE
1.
300 yds.
5 sk. Ready Mix Concrete- delivere
$_43.00
$12,900.00
INVALID
!D
2.
300 yds.
5 Sk. Ready Mix Concrete - Picked
NO BID
Bid not
ubmitted on
_up -Cart type � cubic yard
�
original
forms
maximum
provided
as required
Bid is d
fficult to
tabulate
if not sub-
mitted o
original
forms
w
a�
.�
e
GROSS TOTAL
LESS DISC.
NET TOTA L
D �' IVERY
.. ..
CITY OF BAY70WN
TITLE ANNUAL LIQUID CHLORINE CONTRACT BlD 7ABULA7ION
BID 79 =0
Di�TE: 8 -6 -79 - 9.30 a.m.
DIXIE CHEMICAL CO.
ITEM QTY
DESCRIPTION
u�Nlr
EXTENDED
UNIT
EXTENDED
UNIT
T NO D
UNIT
EXTENDED
UNIT
EXT NOED
ANNUAL LIQUID CHLORINE CONTRACT
1.
150
One ton cylinders Chlorine
$270.00
$40,500.00
2,
500
150 lb. cylinders Chlorine
28.50
4,250.00
TOTAL �
$54,750.00
DELIVERY:
3 days
W
Two company's submitted No Bids
S
•
U
cd
.•
��
n
`' 44
���JI
V
1�+
GROSS TOTAL
LESS DISC.
NET •TOTAL
DF' �IVERY
,