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1979 08 23 CC Minutes90823 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 23, 1979 The City Council of the City of Baytown, Texas, met in regular session on Thursday, August 23, 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 Councilwoman Mary E. Wilbanks. Minutes Councilman Kloesel moved for approval of the minutes of the special meeting of August 1, 1979, and the regular meeting of August 9, 1979; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Receive Petitions None. City Manager's Report West District Sewer Treatment Plant - A copy of the study from Langford Engineering regarding the enlargement of the West Main Sewer Treatment Plant was placed at the Council table. A work session in this regard will be scheduled next week. Water Transmission Lines - At the time Council considered the plans and specifications for the water transmission lines for the Baytown Area Water Authority Project, Council asked that the Administration look into the possibility of ground faults- - geological faults in the area. Consulting engineers with the firm of Lockwood, Andrews, and Newnam, Inc. have reviewed fault location maps prepared by the Bureau of Economical Geology, University of Texas at Austin which do not reflect any known faults along the route of the water transmission lines. Mr. Lanham explained that Andy Braswell had also been con- tacted in this regard and he stated that there was indication shown of a fault in the vicinity of Lynchburg -Cedar Bayou Road and North Main, but this was shown on a map that was at least fifteen years old. Mr. Braswell commented that he has not seen any evidence of a fault existing at that location, and the Administration has investigated to find no evidence of an existing 90823 -2 Minutes of the Regular Meeting - August 23, 1979 fault. Councilman Kloesel commented that the Council received a briefing by Dr. Van Sinkle in 1971 and at that time he showed Council some contours of faults that circle the area -- primarily, in the area around the monument where the San Jacinto River meets the bayou. Councilman Kloesel felt that it might be well to obtain that information. Houston Lighting & Power - The Administration has received a letter from Houston Lighting & Power indicating that the cost of electricity for a customer using 2,000 kilowatts will be approximately $2.50 less than for the month of August. That is a reduction from $84.37 to $81.64. Harris County Flood Control District - At the last meeting, Council requested that the Administration discuss with the Flood Control District the possibility of an updated drainage study for this area. Mr. Smith with Harris County Flood Control District stated that the Commissioner's Court is considering employing an engineering firm to update drainage studies for the entire county. The work should be completed in approximately 18 months and will include the Baytown area. The Flood Control District has added 27 mowers and tractor to their fleet which is approximately a 30% increase and a crew has been assigned to the Baytown area. A superintendent in charge of mowing will meet with the Administration to discuss a mowing schedule. Councilman Kloesel suggested that Council meet with Gordon Smith of Harris County Flood Control District and Commissioner Fonteno to discuss drainage and drainage priorities. Council concurred that this would be a good idea. Mr. Lanham stated a meeting would be scheduled where Council could meet with Commissioner Fonteno, Gordon Smith, and any other member of the Commissioner's Court who would like to attend. Mayor Hutto recognized Stephen Donnelly who commented that in the last County bond issue, voters authorized the widening of Baker Road to four lanes. Mr. Donnelly explained that Craigmont and Ponderosa Subdivisions were hit hard by the flooding that occurred in July, and that Council might want to make certain that the County will not be creating a larger problem during construction for residents in that area. Mayor Hutto commented that he would like to check with Commissioner Fonteno on when this construction will begin. Flooding - The Administration has written a letter to the Highway Department regarding recent flooding in Baytown and particularly in the Interstate 10 area which cut off the City's escape routes. Mr. Poorman acknowledged that letter and indi- cated that the Highway Department would take the City's sugges- tion into consideration as all flooding situations in this area were reviewed. Decker Drive Interconnection - The Administration has been notified that the Texas Department of Highways will begin work on the Decker Drive interconnection of signals this week. Entex - The Administration has received a letter from Entex correcting the adjustment factor from 19.805¢ to 20.6710 per hundred cubic feet, which represents a reduction in the average residential bill of 520 a month rather than $1.04 as previously quoted. Baytown Night at the Astrodome - Council members have received a copy of the memorandum regarding Baytown Night at the Astrodome which will be held on September 8, 1979, at 7:30 p.m. Bond Election on the Brownwood Project - Mr. Lanham asked that Scott Bounds, City Attorney, give his opinion regarding the 90823 -3 Minutes of the Regular Meeting - August 23, 1979 Council's authority to call a bond election on the Brownwood Project. Mr. Bounds commented that as he indicated at the last meeting, his initial reaction when asked whether a bond ordinance could be initiated through the initiation process provided by the City Charter was that an ordinance calling a bond election could be initiated through intiative process. However, since that time, the City Attorney has made an in -depth study and prepared a brief which basically outlines the initiative process as it relates to bond ordinances. The general rules remain the same. The initiative process will literally be construed by the Courts in favor of petitioners who seek to exercise their right of petition. The initiative procedure for ordinances for home -rule cities, and the City of Baytown is a home rule city, is granted by charter. The initia- tive process is not, however, unlimited. The Texas Supreme Court, in Glass v. Smith, establishes the guidelines for the limitation of the initiative process. In that case, petitioners initiated an ordinance classifying personnel positions, fixing minimum pay and designating holidays. The court held that man- damus would issue to compel Austin city officials to perform their ministerial duty of calling and holding an election for approval of that initiated ordinance. The Court indicated that mandamus could be avoided only if the subject matter of the proposed election was not legislative in character, or the subject matter had been withdrawn from the initiatory process. Mr. Bounds further commented that in reviewing an ordinance calling a bond election, legislative or administrative, he felt that it would probably be found that such initiative ordinance is legislative in character because bond issues have traditionally been submitted to the electorate for their approval. A bond ordinance merely authorizes Council to issue bonds for defined purpose, thus establishing a policy for its officers to follow. Mr. Bounds felt that that will not prohibit the petitioners from submitting an ordinance calling a bond election. However, unlike the charter tax amendments that were pre- sented to Council last December pursuant to Texas Revised Civil Statutes, Article 1170, the right to initiation of a bond ordi- nance would be granted only by City Charter. The City Charter must be examined for limitations to the right of initiative, both actual and implied. Section 97 of the City Charter provides that the electorate shall have the power to initiate any ordinance except an ordi- nance appropriating money or authorizing the levy of taxes. Ordinances appropriating money and levying taxes, traditionally considered administrative decisions for Council alone and not subject to referendum, are thus specifically exempted from the initiatory process. Mr. Bounds commented that in this context, he felt that ordinances calling bond issues are rather unique in that they do submit these issues, the issue of the tax levy and the appropriation to the public and would fall outside the normal round of ordinances appropriating money or authorizing the levy of taxes. Article II of the City Charter requires that the "bond ordi- nance" shall both state the amount of appropriation for an indi- cated project and specify the levy of taxes sufficient to pay interest and sinking fund or retirement of principal on the bonds. The Charter, however, merges the separate steps in issu- ing bonds, such as calling the election and authorizing issuance and delivery of the bonds. Council, in the past, has had sepa- rate ordinances calling the election, authorizing the sale and issuance of the bonds, and with separate action canvassing the resolution which has the election results. The ordinance autho- rizing election, as used by Council, has never appropriated money for a specific project because it is not required to do so, nor 90823 -4 Minutes of the Regular Meeting - August 23, 1979 although, the Charter states that it should levy taxes, an ordi- nance authorizing election does not have to appropriate money or levy taxes to be valid. There are some cases interpreting a similar state law that would so hold. But even if an ordinance to call the election could be initiated, Council could not be compelled to adopt an ordinance authorizing the issuance of bonds or their appropriation. The conclusion as set forth in the written opinion follows: (1) A group of petitioners probably cannot compel City Council to call a bond election pursuant to the intiative process pro- vided by the City Charter. (2) A group of petitioners probably cannot compel City Council to authorize the issuance of bonds pursuant to the initiative process provided by City Charter. (3) The defeat of a proposition to issue bonds does not prevent a second submission of the proposition. Therefore Council may, with or without an initiative petition, call a bond election in accordance with its own desires. Mr. Bounds explained that bonds is an area which he is not real familiar with because the City normally retains outside bond counsel to represent the City in its bond matters but he felt that the literal language of the Charter would probably prevail in any situation. Mr. Lanham mentioned that at a recent meeting, Council had asked that the Administration review some of the options open to City Council regarding the Brownwood Project. Mr. Lanham ex- plained that first, as mentioned by Mr. Bounds, the Council may call an election on its own initiative. This could be with no change in the scope of the project. Another option is that Council could consider requesting the Corps of Engineers and possibly Congress to change the scope of the project and call another bond election. Conceivably, their could be geographical changes in the project. Representatives of the Corps of Engi- neers have indicated that if there are significant changes in the scope of the project, it would require Congressional approval. Another change that has been suggested by a number of people involves the relocation payments. This too would require Con- gressional action. Mr. Lanham suggested that if the Council is interested in pursuing this matter and considering the possibi- lity of changing the scope of the project, it would be good to have a work session with representatives of the Corps of Engi- neers. They could report to Council on what they think could be done without going back to Congress and as to how long it might take if it must go back to Congress. Mr. Lanham pointed out that at this point, the City has an authorized project. That is Congress has approved it, although the City of Baytown does not have the funds for the local match and only Congress can de- authorize the project. If this project is not begun by 1980, then the City of Baytown would be delayed 2 - 3 years in ob- taining federal funds. Another option is to conclude that the area will not be evacuated and that the City of Baytown will continue to provide City services. Air. Lanham explained that if this course of action is taken, decisions regarding City facilities should be made. For example, what is to be done about the sewer system? The City currently has a Step 2 Grant for the West District System for upgrading the collection system in the Lakewood area and for building a new treatment plant. This study did not include the collection system in the Brownwood area. The Admin- istration has discussed with the representatives of the Texas Department of Water Resources, the possibility of adding the Brownwood area to the Step 2 Grant that the City of Baytown presently has pending. The Administration has also asked if there would be any delay in proceeding with the plans for the West District Plant if this should be added to that grant. The Texas Department of Water Resources will respond to these in- quiries later. 90823 -5 Minutes of the Regular Meeting - August 23, 1979 Council generally agreed that the scope of the project would need to be changed and felt that the Corps of Engineers could answer many questions regarding the various options open to Council in that regard. The majority of Council favored a work session with the Corps of Engineers in that regard. Councilman Cannon felt that the possibility of the area being converted into a federal park should also be explored, and Councilwoman Wilbanks requested that the Administration pursue inclusion of Brownwood in the Step 2 Grant for the West District. Public Hearing on Proposed City of Baytown Budget for 1979 -1980 Fiscal Year Mayor Hutto declared the public hearing on the proposed expenditure of budgeted funds for the 1979 -80 fiscal year to be open. Mr. Lanham explained that the proposed budget totals $17,787,467 and that represents an increase over the current year's budget of $1,762,455 which is a 10.99% increase. The recommended budget can be financed with no increase in the tax rate and there has not been an increase in evaluations this year. The City of Baytown is in the process of revaluing all of the property in the City which will be considered next year. In the proposed budget is included an increase of 500 in the charge for solid waste col- lection, increasing that charge from $3.50 to $4.00, and an in- crease of 250 per month in the minimum for water service and 25¢ per month in the minimum for sewer service. No major changes in the levels of service are provided. The General Fund Budget, which is used to finance those operations of the City other than water and sewer operations and which includes all other departments of the City, has been in- creased by 12.4% over the current year. The Sewer Fund is increased by 12.69 %. The General Obligation Interest and Sinking Fund has been increased 4.14 %, and the Waterworks and Sanitary Sewer Interest and Sinking Fund is decreased by .09 %. In response to a question from Councilman Kloesel, Mr. Lan- ham explained that a copy of the proposed budget is on file in the City Manager's office, the Finance Department and the City Clerk's office. Councilman Kloesel suggested that a copy of the proposed budget be made available at the Sterling Municipal Library. Jimmie Day, who resides at 1400 Adams Street, appeared to thank Council for the many considerations to senior citizens. Mr. Day explained that his main objective for appearing at this public hearing is for the Senior Citizens Taxicab Program. There are 476 participants at the present time in the taxicab program. Mr. Day explained that the projection for participants in the taxicab program will be 540 by October 1, 1980. There are approximately 1,000 rides per month. Due to an increase in taxicab rates, rides are approximately 75% more per ride which amounts to approximately $2,750 for the program per month. Due to this increase, the Taxicab Program will need $3,000 to com- plete 1979. To support the taxicab program from January 1, 1980 through September 30, 1980, $24,750 will be required. Mr. Lanham explained that the proposed budget does include $27,750 to continue the senior citizen taxicab program through September 30, 1980. Mayor Hutto recognized Paul Gniadek, a resident of Allen - brook Subdivision, who was interested in what amount is included in the proposed budget to be used for drainage. 90823 -6 Minutes of the Regular Meeting - August 23, 1979 Councilman Philips responded that r4r. Gniadek had missed the work session where the proposed budget on drainage was discussed. At that time, the Council had not made any firm plans but Coun- cil's discussion centered around the fact that in the forthcoming year, Council is considering moving monies from street repairs into drainage so that the City is going to concentrate on drain- age needs. Council's discussion centered around the priority of drainage needs. Mr. Lanham explained that $205,000 is included in the budget for purchase of drainage materials and that represents an in- crease of $30,000. In response to a question from Mr. Gniadek concerning contingency allocation, it was explained that there is a contin- gency fund included in the budget, but this contingency is not designated to any particular area, only for unforeseen expen- ditures. Councilman Philips explained that the City Engineer is preparing a survey of drainage needs for Council which will esta- blish priorities and assess costs. There being no other persons desiring to speak, Mayor Hutto declared the public hearing to be closed. Public Hearing on Proposed City of Baytown Revenue Sharing Budget for Fiscal Year 1979 -80 Mayor Hutto declared the public hearing on the proposed ex- penditure of Revenue Sharing Funds for Entitlement Period XI in session. Mr. Lanham explained that the law which established the Revenue Sharing Program requires that two public hearings be held on the use of those funds. There is a requirement that the chief administrator of the city hold a public hearing. On Thursday, July 19, 1979, the City Manager held a public hearing in the City Hall Council Chamber to receive requests for the proposed use of these funds. A total of 15 individuals presented requests at that hearing. Mr. Lanham explained that the City of Baytown expects to receive $527,138 next year in revenue sharing funds covering the period of October 1, 1979 through September 30, 1980. The requests that the Administration received covered over $700,000. The following items were recommended for inclusion in the Entitlement XI Revenue Sharing Budget: 1. Parks Improvements - $87,000. These funds would be used for the construction of Roseland Park roadways and parking area. Improvements at the Baytown Sports Complex including creation of fenced -in warmup areas and replacement of at least one utility pole, purchase of pool chlorinators for the pools at the Baytown Sports Complex and Roseland Park, and purchase of a replacement curtain for the stage in the Community Building. 2. Library Materials - $32,800. These funds would be used to purchase a security system to control the unauthorized removal of library materials and the purchase of books and other mate- rials for the Sterling Municipal Library collection. 3. Police Equipment - $8,000. These funds would be used for the purchase of reloading equipment for the police training division. This equipment would be used to manufacture ammunition for use at the police pistol range. 4. Fire Department Equipment - $45,000. These funds would be used to purchase an air compressor and cascade filling system for the air bottles, a new tape recorder for the dispatching office, to purchase replacement furniture, and make repairs to Stations 2, 3, and 5. 90823 -7 Minutes of the Regular Meeting - August 23, 1979 5. Volunteer Fire Department Equipment - $10,000. These funds would be used to purchase equipment requested by the Volunteer Fire Department such as portable monitors. 6. Urban Rehabilitation - $15,000. These funds would be used for the demolition of buildings under the City's Urban Rehabilitation Program. 7. Museum Assistance - $12,000. These funds would be used to enable the Baytown Historical Museum to continue providing museum service to the citizens of Baytown. 8. Water Meter Replacement - $40,000. These funds would be used to replace mechanical drive meters which are now obsolete but do not accurately measure total water consumption. 9. Water System Improvements - $70,000. These funds would be used to repair and paint the Park Street elevated storage tank and ground storage tank, remove two obsolete elevated storage tanks, and make minor repairs around water system installations. 10. Waste Water Collection Equipment - $45,200. These funds would be used to purchase a backhoe, trailer, and sewer cleaning unit for the City's waste water collection division. 11. Sliplining - $162,138. These funds would be used to rehabilitate the sanitary sewer lines that have collapsed. The total of these requests is $527,138. Mr. Lanham explained that most of the funds are earmarked for capital improvements rather than ongoing programs due to the uncertainty of this funding. Mrs. Jean Shepherd appeared as a representative of the Bay Area Heritage Society Baytown Historical Museum and requested a continuation of the funding of $12,000 a year for the museum. With absence of other funding, Council did approve the $12,000 revenue sharing request that was made last year. As of October, 1978, the Baytown Historical Museum has had a curator consultant and also has been able to employ a part time secretary to leave volunteers free to do more research and branch out into the community with many of the programs that have been presented. These revenue sharing funds have enabled the Baytown Historical Museum to begin a summer program for youngsters of the community. There has been a tremendous response to this program and the museum hopes to broaden that program with the aid of revenue sharing funds. John F. Donnelly, a member of the Baytown Volunteer Fire Department, appeared and thanked the City Administration for consideration of the request made on behalf of the Baytown Volun- teer Fire Department for individual personal monitor radios. Mr. Donnelly stated that the personal monitors would enable the volunteer firemen to be more effective. Mr. Donnelly pointed out that what was being recommended for the volunteer firemen repre- sented 25% of the request. Therefore, Mr. Donnelly requested that Council consider if more money should be allocated toward a place for children to play or saving these same children's and adults' lives and property by being able to respond to a fire quicker. The Volunteer Fire Department members presently have home monitors that are tone activated. The personal receiver/ radios would be a great help to the volunteers in that after a call is received, the volunteer would be in constant receipt of radio communication concerning the fire. Mr. Donnelly requested that the Council consider allocating revenue sharing funds to supply these radios to all active volunteer firemen which is approximately 90 firemen. 90823 -8 Minutes of the Regular Meeting - August 23, 19 79 Councilwoman Wilbanks inquired as to how many volunteer firemen are actually responding to fires or would respond if these radios were available? Mr. Donnelly responded that it would be safe to say that the majority of those that are on the rolls would respond and felt that 9010 of each group would respond. Mr. Donnelly pointed out that with the funds recommended, six radios could be purchased for each station. In response to an inquiry from Council, Mr. Lanham explained that the Administration can develop a report for Council on the number of active members. Councilman Cannon asked that the Administration check on any trade -in value of the plextrons. Carol Bartz, Chairman of the Board of Trustees of the Sterling Municipal Library, appeared to state that the citizens of Baytown are very fortunate to have citizens and a City Admin- istration supportive of an excellent library facility, which Baytown presently has. Baytown's growth and circulation figures bear this out. During the month of July, the Sterling Municipal Library had 43,000 items circulated through the library. The Sterling Municipal Library has approximately 22,000 people who hold library cards. There were 2,000 children registered for the summer program. The Sterling Municipal Library as other institu- tions, is faced with the problem of inflation, and is in need of additional books. Unfortunately, there are those who are inter- ested in taking things out of the library without authorization. For this reason, the Sterling Municipal Library is interested in a detection system for which funds are being requested in the amount of $12,800. Statistics show that just the installation of a system such as this will reduce theft approximately 5076. The Library's loss figures are not astronomical at present; approxi- mately 6.08% of the Library's articles are lost due to theft each year. Mrs. Bartz commented that the Library and Board of Trus- tees of the Sterling Municipal Library are requesting Council's support by allocation of $32,800 for books and a detection system. Stephen Donnelly, a member of the Baytown Volunteer Fire Department, pointed out that personal radios would not tie the volunteers to their homes since the range would allow for travel to other areas of the City. Mr. Lanham mentioned that Council had been furnished with a copy of the letter from Mr. M. L. Bishop, who appeared at the revenue sharing hearing to request that the Council reject ac- ceptance of this funding. There being no other persons desiring to speak, Mayor Hutto declared the public hearing to be closed. James A. Davis Appeared James A. Davis appeared to ask that the City Council provide a comprehensive work plan for Baytown. A written guide to come from the people and speak to their needs. A guide that can be understood and altered when necessary. A plan that will draw the people of Baytown together to combat blight and make this city a beautiful and pleasant place to live. This comprehensive work plan should take into account where and how the City should grow and look toward providing services for that growth. Mr. Davis suggested that an advisory board be formed which could consist of the Mayor, School Board President, College Board President, County Commissioner, or their appointees to meet to recommend how Baytown's collective tax dollars should be expended. In conclusion, Mr. Davis suggested a comprehensive work plan be drawn by professionals who are selected by Council and working under Council direction. This plan would receive input from citizens through questionnaires, interviews, town hall meetings, etc. 4TI W. Minutes of the Regular Meeting - August 23, 1979 Mary Ruth Vaught Appeared Mary Ruth Vaught appeared to request that a copy of the appropriation bill be placed at the library. Mrs. Vaught sug- gested a local bond issue to relocate residents of Brownwood, but eliminate Lakewood, Wooster, and all undeveloped acreage. There would be less money without federal appropriation, but by elimi- nating the areas mentioned above, some which have high market value, there would be less drain on available funds. John Wilson Appeared John Wilson appeared to urge Council to consider very care- fully any action calling another election on the Brownwood Evacu- ation proposal, and advised Council that several property owners who would be affected by another election would actively oppose a second election. Robert Bonham Appeared Robert Bonham appeared as a representative of citizens of Azalea Drive in the Lakewood Subdivision and presented a petition asking for improvement of drainage on that street. During the last several years, during heavy rains, the water has overflowed the ditches, covered yards and driveways, invaded garages and come within inches of entering a number of homes. The Engi- neering Department of the City of Baytown surveyed Azalea Drive in May of this year and agreed that the residents of Azalea Drive have a serious problem and determined that the best way to relieve the constant threat of flooding would be to divide the street and direct the excess water to flow down the hill and turn east into the gully. This very serious situation can be solved very easily by following the Engineering Department's recommen- dation. Presently, Azalea Drive drains to Pin Oak, travels down Pin Oak Drive to the corner of Crestway, enters an open ditch, and from there the water drains down Crestway, crosses under Crestway, travels almost the length of Rollingwood, turns and goes under Rollingwood, under Burnett Drive and then drains into Burnett Bay. If the City follows the Engineering Department's recommendation, the water would only have to go 300 -400 feet to improve drainage. Councilwoman Wilbanks pointed out that this type of work represents the type of question that she had in her mind during the budgeting session. She further commented that she realizes that some projects are of such magnitude that the City cannot handle them in the present budget. On other projects, however, there are some solutions that are within the City's ability to handle. Councilman Kloesel commented that he is interested in this and that he has supported the purchase, in past budgets, of ditching equipment, dump trucks and personnel to support this thing. He felt that the City will need more equipment and man- power in order to solve many of the problems around the City. Dick Manne Appeared Mr. Manne concurred with the City Attorney's opinion and stated that a bond ordinance must include levy of taxes by City Charter and by State law. Mayor Hutto recognized Jean Shepherd, who commented that the residents of Brownwood and most of the residents of Lakewood do not want a barge terminal in that area, and that alternatives are being explored not only in reference to the barge terminal, but with reference to lowering the scope of the Brownwood Evacuation Project and what other projects may be available. 90823 -10 Minutes of the Regular Meeting - August 23, 1979 Mrs. Shepherd pointed out that when the election to convert to surface water was being discussed, the point was made that continued subsidence would alter the drainage system of the City drastically. She also clarified that input from the entire city was solicited concerning the Brownwood Project through public hearings. Ed Hullum Presented the Semi- Annual Audit for the Period Ending March 31, 1979 Ed Hulluin, representative of Gerace, Hullum and Company, Inc., presented the semi - annual audit report for the period ending March 31, 1979. This report is required by City Charter. Mr. Hullum highlighted a few items contained in the report. The general fund operating income through March 31, 1979 was $8,000,000. That represents approximately 830 of the revenue anticipated for the year. The main reason behind that is that most of the property taxes are collected in the first half of the fiscal year. The Water Fund reflects revenue collected in the amount of $1,689,000. That amount represents approximately 53% of the amount budgeted for the year. The City ends the first half of the fiscal year with an excess of revenues over expenditures in the amount of $3,278,000 in the general fund. That amount is used to carry the City throughout the remainder of the year and is not excessive for this period. The water fund shows a net income for the first half of the fiscal year in the amount of approximately $33,000. This excess income will probably be used in the second half of the year when principal and interest payments are made. Councilman Johnson inquired concerning the status of delin- quent taxes. Delinquent taxes as of March 31, 1979 total $391,000. Councilman Philips inquired if Mr. Hullum has any recommen- dations? Mr. Hullum explained that his firm normally develops a management letter which contains recommendations at the year end audit, but it was noted that the City is coming forward with the water billing, and the auditors are pleased with this aspect. By getting water billing back on schedule, funds are received on a timely basis for use, as budgeted, and delinquent accounts are also handled on a more timely basis. Mr. Hullum mentioned that the percentage of delinquent property taxes being collected is high. Ordinance - Amending the Code of Ordinances of the City of Baytown to Provide for Permits to Construct Parking Areas and to Provide for Buffer Fencing Around Those Areas Recently, the City Council amended the City's Buffer Fencing ordinance to provide that churches may be granted an exemption from the buffer fencing requirement when constructing parking lots. As part of the discussion associated with that amendment, it became apparent that there was no provision in the City's Building Code to require a property owner or developer to secure • building permit if he intended to build a parking lot or expand • parking area when no curb cut was needed. The proposed ordi- nance would amend the City's Building Code to provide that a building permit is needed to construct any parking lot or expand any parking area. The present Buffer Fencing ordinance will then apply to parking lots. The Administration recommended approval of the ordinance. 90823 -11 Minutes of the Regular Meeting - August 23, 1979 In response to a question from Council, Mr. Lanham explained that the buffer fence ordinance would apply only if the abutting property is a one or two - family dwelling. Councilman Cannon moved for adoption of the ordinance; Coun- cilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2715 AN ORDINANCE AMENDING CHAPTER 7, "BUILDINGS," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN TO REQUIRE BUILDING PERMIT FOR CONSTRUCTION OR ALTERATION OF PARKING AREAS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF UP TO $200.00; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Ordinance - Awarding the Bid for Purchase of Dual Voltage Portable Power Plants Five bids were received for dual voltage portable power plants. The bid tabulation is attached to the Minutes as Attach- ment "A." The low bid was submitted by Frank's Lawnmower in the amount of $4,422. The Administration recommended approval of the ordinance. Councilwoman Wilbanks 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. 2716 AN ORDINANCE ACCEPTING THE BID OF FRANK'S LAWNMOWER SHOP FOR THE PURCHASE OF ESTIMATED QUANTITIES OF DUAL VOLTAGE PORTABLE POWER PLANTS ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. Ordinance - Authorizing the City to Modify and Extend Contract for Group Insurance for City Employees Dan Savage, Assistant City Manager, explained that the Administration had been notified that the City's group insurance carrier needs an increase to continue providing medical insurance coverage for City employees and their dependents. Council had received a copy of a memorandum from Larry Patterson, Personnel Director, which describes the change in rates under the present base plan with major medical policy and the rate change under a comprehensive plan. If the City is to continue providing cover- age under the same policy, Mutual of New York will need a 120 increase effective September 1, 1979. If the City chooses to convert to a comprehensive plan which provides a different schedule of benefits, Mutual of New York proposes a 5% rate increase. Sample claims were included in the agenda packet. The claims show that payouts under the present plan and the proposed comprehensive plan vary depending on the type of claim. In general, claims involving less than $1,000 will pay more under the proposed plan. Claims between $1,000 and $5,000 will pay less under the proposed plan. The proposed plan also includes an out - patient benefit for diagnostic, laboratory, and X -ray work. In the seventies, the City usually experienced a substantial 90823 -12 Minutes of the Regular Meeting - August 23, 1979 increase in premiums at renewal time. As a result of the pro- posed increases, the City usually sought competitive bids to insure the best possible coverage at a competitive price which resulted in the frequent change of insurance carriers. The last two increases were 32% and 400. Many firms are not unwilling to do business with the City of Baytown because of the instability of its account. This year, because of the relatively low in- creases in premiums and the need to try to stay within the 7» wage -price guideline, the Administration has tried to develop a policy that will continue providing good coverage for City employees at a relatively modest increase in cost. The proposed ordinance authorizes the City to modify the plan for group medi- cal insurance and extend the contract for a one -year period beginning September 1, 1979. The proposal also includes group life insurance for both current and retired employees, and Mutual of New York proposes no changes in those rates. The Administra- tion recommended approval of the ordinance. Councilman Kloesel suggested that the insurance carrier arrange an evening meeting so that spouses of employees could be informed of the differences in the two plans. 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 ORDINANCE NO. 2717 AN ORDINANCE AUTHORIZING A CONTRACT WITH MUTUAL OF NEW YORK FOR A GROUP INSURANCE POLICY PROVIDING FOR LIFE INSURANCE, MAJOR MEDICAL BENEFITS, AND BASIC MEDICAL BENEFITS FOR CITY OF BAYTOWN EMPLOYEES; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Ordinance - Establishing a Code of Ethics for City Officials, Employees, and Committee Members Council passed this item. Ordinance - Setting the Terms of Office for the Board of Directors of the Baytown Housing Finance Corporation At the August 1, 1979 meeting, City Council approved the creation of Baytown Housing Finance Corporation. However, the terms of office for the Board of Directors of the Baytown Housing Finance Corporation were not set at that time; therefore, it is necessary for Council to take formal action in this regard. Scott Bounds explained that Council did discuss the term options in the work session and the terms of the directors can extend up to six years. tar. Bounds explained that what he attempted to do by this ordinance is to codify the membership in the Housing Finance Corporation to coincide with those of the Baytown Housing Authority. This basically puts into the City of Baytown Code of Ordinances those provisions relating to member- ship that the Council adopted through Resolution No. 690. Three of the initial five directors shall be designated by Council to serve a one -year term. The remaining two directors shall be appointed for two -year terms. Subsequent terms of all commis- sioners shall be for two years. All terms shall be deemed to commence on April 1 of the initial year of appointment. Mr. Bounds explained that in Section 2 of the ordinance, being the same Board of Directors that Council appointed by reso- lution, he placed them in office for the term of years that would be equivalent to what they are now serving with the Baytown Housing Authority. The Administration recommended approval. 90823 -13 Minutes of the Regular Meeting - August 23, 1979 Councilman Kloesel moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks and Caffey Mayor Hutto Nays: None Abstained: Councilman Cannon ORDINANCE NO. 2718 AN ORDINANCE SETTING THE TERMS OF OFFICE FOR THE BOARD OF DIREC- TORS OF THE BAYTOWN HOUSING FINANCE CORPORATION AND MAKING VARIOUS PROVISIONS RELATED THERETO. Ordinance - Amending the City's Supplemental Retirement Plan This item will be considered in executive session. Ordinance - Authorizing Final Payment for Electrical Work at the Police Radio Building Gulf Coast Electric Company has completed the electrical work on the police radio building. This work has been inspected by the City's electrical inspectors and has been found to be satisfactory. The contract was for $7,725. The Administration recommended approval of the ordinance. Councilman Philips moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2719 AN ORDINANCE APPROVING AND ACCEPTING THE ELECTRICAL SYSTEM FOR THE POLICE RADIO BUILDING BY GULF COAST ELECTRIC 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 GULF COAST ELECTRIC COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution No. 694 - Authorizing the City Manager to Make Appli- cation to the Texas Criminal Justice Council for the Continued Operation of the Harris County Organized Crime Control Unit The proposed resolution authorizes the City to make applica- tion to the Texas Criminal Justice Council for continued opera- tion of the Harris County Organized Crime Control Unit. Many cities in Harris County and the Harris County Sheriff's Depart- ment participate in this organized crime control unit. Its purpose is to investigate organized crime operations which cross jurisdictional boundaries within Harris County. The City of Baytown has served as the administrative sponsor of this unit for several years. Application for next year's funding is in the amount of $131,931. This pays for the operational costs and the clerical support needed to run this unit. Various governmental agencies including Baytown assign law enforcement officers to the unit. No cash match is required. The Administration recommended approval of the resolution. 90823 -14 Minutes of the Regular Meeting - August 23, 1979 Councilman Cannon moved for adoption of the resolution; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 694 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FOR THE CONTINUED OPERATION OF THE HARRIS COUNTY ORGANIZED CRIME CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Resolution No. 695 - Authorizing Administration to Renew Inter- governmental Agreement with the Houston - Galveston Area Council for Section 112 Transportation Planning Funds' The proposed resolution amends the agreement between the City of Baytown and the Metropolitan Planning Agency for the use of Section 112 Transportation Planning Funds in the Baytown area. The City has participated in this planning program since Septem- ber of 1975. The proposed resolution amends the current agree- ment to provide funding in the amount of $11,500 for the period from September 1, 1979 through December 31, 1979. These funds would be used for long range transportation planning and asso- ciated activities. No City match is required. The Administra- tion recommended approval of the resolution. Councilwoman Wilbanks moved for adoption of the resolution; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None RESOLUTION NO. 695 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, BY WHICH THE CITY COUNCIL CONCURS WITH THE PROPOSED WORK ELEMENTS ESTABLISHED BY THE HOUSTON - GALVESTON AREA COUNCIL'S UNIFIED WORK PROGRAM AND AUTHORIZING THE ADMINISTRATION TO RENEW AN INTERGOV- ERNMENTAL AGREEMENT WITH THE HOUSTON - GALVESTON AREA COUNCIL FOR FUNDING. Resolution No. 696 - Concerning Appointment to Board of Directors of Appraisal District of Harris County State law passed at the last session of the Texas Legisla- ture provides for the creation of county -wide appraisal districts to produce uniform appraisals to be used by all taxing agencies within the districts beginning in 1982. Counties were given the option of joining or not joining. Mr. Bounds reviewed the general guidelines. By August 27, 1979, the resolution concerning the appointment of the Board of Directors will have to be returned or needs to be submitted to the Mayors and Councilmen's Association which is circulating a petition. This is a three - fourths resolution. If three - fourths of the taxing institutions within Harris County agree to a reso- lution as to the handling of the appraisal district, they can alter the terms or provisions for the makeup of the appraisal district. At the present time, State Statute provides that the appraisal district board will consist of five members and that those members will be elected by the tax entities based upon the amount of taxes that those entities levy. This resolution would alter the makeup of the board from five to nine members and it iW 90823 -15 Minutes of the Regular Meeting - August 23, 1979 would propose that the taxing entities vote for those board members based upon the population within the taxing entities rather than upon taxes levied. By September 15, 1979, the City must notify the County Clerks of Harris and Chambers Counties of the City's current district plan. If the City does not notify the County Clerk of a specific plan, they will automatically split the City along the County line. Then the City would be divided into two separate appraisal districts. By October 15, 1979, the City must submit nominees for district appraisal board in Harris or Chambers County, whichever board the City opts to join. By November 15, 1979, the City will be voting on the board members for the appraisal district. By January 1980, the Board takes office. Final designation that must be made on the appraisal district regarding whether the City goes into Harris or Chambers County must be made by October 1, 1981. Mr. Bounds explained that the three - fourths resolution changing the number of members of the board and the method of electing those board members needs to be acted on tonight. The designation of the county can be treated as a separate act. If not acted upon before September 15, then the City will automat- ically be split so that Baytown will be participating in both Harris and Chambers County Appraisal Districts. Mayor Hutto commented that it is the best interest of the board that it be increased to nine members and that the method of the selection of those be based on the population. The Admin- istration recommended approval of this resolution regarding the makeup of the board. 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 RESOLUTION NO. 696 RESOLUTION CONCERNING THE APPOINTMENT OF THE BOARD OF DIRECTORS OF THE APPRAISAL DISTRICT OF HARRIS COUNTY, TEXAS. Mr. Lanham explained that the Council will need to take action at its next meeting on the question of going into one district or the other. If no action is taken at that time, one portion of Baytown will be in Chambers County taxing appraisal district and the other portion of Baytown in Harris County taxing appraisal district. Mr. Lanham further explained that the school district is faced with this same question. He felt that it would be good if both the city and the school could be in the same appraisal districts from the standpoint of the taxpayer. ?sir. Lanham suggested that the City Council and the School Board get together and discuss this because this will have some long range effects. One of the objectives of the law is to provide one value that would apply to all taxing authorities. Mayor Hutto suggested that a committee composed of Council members meet with the school district. Mayor Hutto suggested that the Administration convey Council's wishes to the school district. Committee Reports None. 90823 -16 Minutes of the Regular Meeting - August 23, 1979 Consider Appointments to the Baytown Area Water Authority Board, the Parks and Recreation Board, the Electrical Board and the Clean City Commission This item will be discussed during executive session. Ordinance - Authorizing Purchase of Drainage Easement This item will be discussed during executive session. Recess and Reconvene Mayor Hutto recessed the open meeting into executive session ' to discuss personnel matters, land acquisition and pending liti- gation. When the open meeting reconvened, the following business was transacted: Ordinance - Authorizing Purchase of Drainage Easement Councilman Johnson moved that the City purchase land from Mr. Tom Conder for a drainage easement for the total price of $2,930; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2720 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN OFFER ON AND PURCHASE 0.0184 OF AN ACRE, MORE OR LESS, FROM N. H. CONDER OR OTHER PARTIES OF INTEREST; AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWO THOUSAND NINE HUNDRED THIRTY AND N01100 ($2,930.00) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Adjourn With no further business to be transacted, Mayor Hutto ad- journed the meeting. Karen Petru, Deputy City Clerk APPROVED: 41ee n a i.ty Clerk GITY OF BAY�TOWN TITLE: SAL 1OLTAGE PORTABLE POWER PLANTS BID TABUL! -lTION elD: DATE 8 -20 -79 - 9:30 a.m. TEM QTY OESCRIPTlOIV E Bvair E W FUNlT OX I EXTENOEO UN T'S EXTENOEO UNIT XGHNO D� EXTENO D UNIT EXT NDE R DUAL VOLTAGE PORTABLE POWER PLANTS 1. 6 ea. .$740.00 $4,440.00 $737.00 $4,422.00 1,051.0 $6,306.00 $1,075. 0 $6,450.00 S1,S50.0 $9,300.00 LOCATION OF PARTS E SERVICE: .2106 Bea mont St. 508 Cedar Bayou Rd. 9018 Ru and 802 Neb aska 2101 S. aysid: . Baytown, Texas Baytown Texas Houston Texas South H uston, Texas Houston, Texas DELIVERY: 10 days 30 days 30 days 45 to 9 days GK�SS TOTAL LESS DISC. NE7 TOTAL pENERY _._._ ---- ..___. .'