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
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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
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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.
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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.
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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 _._._ ---- ..___.
.'