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1979 11 20 CC Minutes91120 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 20, 1979 The City Council of the City of Baytown, Texas, met in regular session on Tuesday, November 20, 1979, at 6:30 p.m, in the Council Chamber of the Baytown City Hall with the following members 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 The meeting was called to order by Mayor Hutto and the invo- cation was offered by Councilman Allen Cannon. Minutes Councilman Cannon stated that after review of the minutes, he would like to have the minutes amended to reflect the fol- lowing: "Councilman Cannon inquired if the Criminal Justice Council was involved in the specifications? Mr. Savage responded that the Criminal Justice Council had approved the specifications, but in the process had imposed several requirements. One of the re- quirements imposed by Texas Criminal Justice Council was that a specific type of computer language or an industry accepted standard be utilized. The computer will also have a job accounting capability to produce reports for the Texas Criminal Justice Council. Both requirements had an effect on the City's specifications, but the standard language would have been specified regardless. Councilman Cannon also inquired how the specifications were drawn? Mr. Savage responded that the specifica- tions were prepared with the assistance of Bob Greer. Mr. Savage and Mr. Greer over a period of a year or so met with various vendors to review their equipment capabilities. Literature that is available in data processing circles was studied to analyze the market. Also, Mr. Savage and Mr. Greer attempted to analyze the needs presently existing in the police department. The most valuable source document was obtained from the State Board of Control. Councilman Cannon expressed surprise that Honeywell would bid no charge for software maintenance while the next low bidder, Hewlitt Packard, bid $25,000 for that service which added considerably to their bid. Councilman Cannon inquired if the bid of Hewlitt Packard had been accepted, would the City expect to spend the $25,000 toward software maintenance? Mr. Savage responded that he understood this would be a requirement." and with that modification that the minutes be approved. Coun- cilwoman Caffey seconded the motion. The vote follows: 91120 -2 Minutes of the Regular Meeting - November 20, 1979 Ayes: Council members Philips, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Receive Petitions Mrs. Cecil Morgan of 1509 Narcille presented a petition with approximately 100 signatures from residents of the Plumwood Subdivision requesting that the City of Baytown make adequate and necessary improvements to the storm sewers in and around the Plumwood area, in particular, the area around Narcille from Ward Road to the drainage ditch which runs parallel to Adams, Buchanan Drive, Sherwood, and Greenwood Streets. During heavy rains this past summer, this area was inundated in many spots. Many of the residents who had signed the petition suffered flood damage to their homes. In response to a question from Council, Mr. Lanham explained there are two projects underway that should help, but may not totally cure the problem. One is the Greenwood storm sewer, which is 95% complete. The second thing is that the Council has authorized Busch, Hutchison & Associates to prepare plans for some drainage work on Ward Road near the intersection of Nar- cille. The City is also planning to extend the pipe down Nar- cille to get some of the water into the storm sewer before it flows on down Narcille. These remedies will not totally solve the problem but should help a great deal. Some of the subdivi- sions in that area were built several years ago under different standards than now required. Councilwoman Wilbanks inquired if Mrs. Morgan's property abuts the apartment property? Mrs. Morgan responded that her backyard is right up to that fence. Councilman Johnson commented that the apartment owners have had sheet plastic driven down at the base of the fence which prohibits the water from draining across the apartment parking area. Councilman Johnson stated that he had requested an opinion from the City Attorney concerning this matter. The City Attorney explained that the apartments were private property and at this point in time, the City had no regulations that would restrict a citizen's actions regarding drainage of his own property. Councilwoman Wilbanks moved for acceptance of the petition and to refer it to the Administration to get back to Council at a later date; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Councilman Cannon inquired if this is the legal position that they can, in fact, block the natural flow of water. Mr. Bounds explained that there are rights that a person has as a property owner that would preclude an adjacent property owner from either building on his property or using his property in a manner that would restrict the natural flow, but this is a civil manner between the two property owners. Councilman Philips pointed out that in times past, this same problem has arisen and he felt that the City should have the mechanism to resolve problems caused by individuals obstructing the natural drainage flow. Councilman Philips requested that the Administration prepare an ordinance to protect a person from his neighbor in the sense that he is causing water to either be dumped on his neighbor's property or prevent the water from draining off it in a normal fashion. 91120 -3 Minutes of the Regular Meeting - November 20, 1979 City Manager's Report Houston Lighting & Power - Council has received a copy of a letter from Houston Lighting & Power, indicating that the cost of 1,000 kilowatt hours of electricity for the month of December will be $.59 less than that of November, 1979. Railroad Crossing - Spur 330 - Council asked that the Admin- istration contact the State and /or the railroad companies regard- ing the grade crossing on Spur 330 north of Baker Road. The Highway Department agrees that a replanking project is justified, and necessary sketches are being prepared for negotiation with the railroad company to have this work performed. Harris County Appraisal District - At the last meeting, the Council cast its votes for people who would be appointed or who would serve on the Harris County Appraisal District Board. Coun- cil voted for seven people and six of those seven were elected. A total of nine people were elected. Mr. George Wyche was the only person that Council cast its vote for who was not elected. The six elected who Council had voted for are Tom Masterson, Robert W. Carey, W. W. Thorn, Fred Hartman, Jerry Dominy and Elroy M. Satterlee. The other three are David M. Lewis, Gene Shepherd and T. S. Hancock. Chambers County Appraisal District - Council had voted for Mayor Herschel Scott from Beach City and he was elected. The other people that were elected are Dr. David Byford, R. L. Hall, Wendell Irish and Judge Alma Turner. Clean City Commission - Council has received a copy of the report from the Clean City Commission listing their accomplish- ments for the first year, which accomplishments are many. Drainage Work - Contract - The city crews have excavated eight storm sewer inlets for the contractor in the Craigmont Addition. The contractor has started placing forms and steel to reconstruct and enlarge those inlet boxes. Council awarded a contract for this work at the last Council meeting. Drainage Work - City forces - To improve drainage for Holla- way Addition, the ditch along the east side of the railroad north of Massey Tompkins has been completed and three 36 -inch pipes have been installed under Massey Tompkins Road. The work is approximately 95% complete and this should relieve the flooding conditions in the Hollaway Addition. Greenwood Drive project is approximately 98% complete. The storm sewer has been enlarged and all of the pipe has been installed. The only thing remaining to be done is a lid for the concrete box and cleanup work. The work that is being done on Arrowhead Drive is approximately 75% complete. Steinman Street ditches are 100% complete. The work that is underway on McKinney Road is approximately 50% complete. Councilwoman Wilbanks requested that while the Administra- tion is checking into the flooding problems on Narcille, that the records be checked to determine when the system was last cleaned out. Harris County Flood Control District Work - The Harris County Flood Control District is about 2,000 feet from the west fork of Goose Creek in the Craigmont area. This is half way between Hemlock Drive and Village Lane. The other crew that is working on the west fork of Goose Creek Stream, going north, is about 300 feet north of Cedar Bayou Lynchburg Road. Sliplining - Approximately 1,000 feet of 5 -inch liner was pulled from Riggs to Nazro between Elm and Yupon and 30 service connections were made on this line. Traffic Accidents - At the last Council meeting, Councilman Cannon requested that the Administration develop some information regarding traffic accidents and traffic cases. This information was placed at the Council table. 91120 -4 Minutes of the Regular Meeting - November 20, 1979 Dan Savage, Assistant City Manager, reviewed the information with Council, indicating that there are several things to keep in mind with regard to the information presented: Number one, the statistics start with January 1, 1976. In January, 1977, the City started the STEP Program and for the next year and three quarters, the City operated at what is called a high level of activity. In October, 1978, the City cut the level of activity in the STEP Program and the City continued this program through the end of September, 1979. The report also gave raw data, in terms of the total number of accidents in the City of Baytown during this period, the number of injury accidents that occurred and the number of traffic cases filed. The report also included a chart. The dotted line shows the number of tickets that were issued for the period starting January 1, 1976 through September, 1979. At the top of the page, the Pre -STEP Period, the High STEP Period and the Low STEP Period is listed. The next line shows the number of accidents that occurred during this same period. The scale for the number of accidents is over on the right hand side and starts down at the bottom of the page. It is hard to draw any hard and fast conclusions from these statistics, but a couple of things are worth thinking about. *Councilman Kloesel present. In 1976, the City was writing, prior to STEP, approximately 600 - 700 tickets per month and the City was having injury acci- dents that generally speaking exceeded 200 per month; probably in the 210 range per month. The year 1977 was the City's initial year under the STEP Program and there is probably not anything real significant there. In 1978, when the City had a tremendous increase in activity, up to over 3,000 tickets per month, the City shows at the same time, a corresponding decline in the average number of accidents that we were having each month. In 1979, when the City dropped back on the STEP Program, there is a slight increase in the number of accidents but again, it is generally speaking below. In terms of the overall program, there is probably a certain number of accidents that will occur regardless of what kind of law enforcement or traffic enforcement tactic employed. The City can have some effect on the total number of accidents. A tremendous enforcement program does not produce a corresponding reduction in the amount of accidents but some increase over and above the normal level probably does provide some improvement in the number of injury accidents that the City would statistically expect to occur. Councilman Philips commented that what he is seeing is a definite trend down in total accidents but on the other hand, the thing that this does not take into account is the increased traffic load on the streets. Mr. Savage explained that he does not know if the traffic climb has increased that much but felt that in 1979, there is an upswing in the number of injury acci- dents that the City is experiencing. He further commented for the period that the STEP Program was in effect, the overall trend was downward. Mr. Lanham emphasized that the Administration did not take into account any increase in traffic loads. Councilman Cannon commented that as enforcement comes down, the accident trend goes back up. Councilman Philips pointed out that he had noticed a growing trend toward running red lights. Councilman Kloesel stated that he certainly wanted to look at the accidents and reduce them and felt that during the peak of STEP, the City had real heavy enforcement. However, when the City dropped the STEP Program, the trend was to reduce the em- phasis on traffic. Councilman Kloesel stated that he felt the City of Baytown has a large enough police department to keep moderate pressure on traffic control and be consistent, as well as fair. 91120 -5 Minutes of the Regular ?fleeting - November 20, 1979 Councilman Philips commented that if you look at the statis- tics, for example -- traffic cases filed, the City has really dropped that load and inquired what accounts for that? Mr. Savage explained that it dropped at the end of the STEP Program. He further explained that all of the figures under 1976 were prior to the STEP Program. When the STEP Program started in 1977, there was a tremendous increase in the number of citations. It gets extremely high in 1978. The highest figure was 3,417 and that figure is better than six times what the City wrote in October. Councilman Philips inquired as to what can the City do with its present resources. Mr. Lanham explained that he had spoken with Chief Turner, who has issued instructions that the officers will work traffic and has provided the officers with a list of the high accident intersections. Councilman Philips commented that he felt that the City should be working or operating somewhere in the league of 1,000 cases per month. That should be a goal. Councilman Kloesel commented he does not advocate a quota because this is not the intent. Councilman Cannon stated that listening to the police monitors on evenings, the police department is very busy and does not know if they have that much time available. If the City can do it with the present force, Councilman Cannon felt that the Police Department should do so. If not, the City might need to look at spot overtime and then he would expect to see the City's court revenue offset this cost. He further commented that he does not want to write tickets to generate revenue but if the City has to do it on an overtime basis, he felt that the City should not be saddled with an added cost. Councilman Kloesel stated that offhand, it appears that the City has had a slow down in enforcement. Council had discussed the possibility of warning tickets and he felt that is a good route to go. A well organized warning system would keep the officers working and in contact with the people. Councilman Cannon stated that this would be hard to do with- out the computer being set up. After the computer system is installed, he felt that the Police Department could maintain a warning system. Mr. Lanham explained that he felt there are some things that the Administration can do with the present force and the Admin- istration would like to try that. Councilman Philips stated it is apparent, from these statis- tics, that the STEP Program did reduce the City's accident rate by 20 %. He felt that is a fair judgment here and to let that return and go back up again with more traffic, the City'is just inviting a real problem. Baytown Housing Finance Corporation - A copy of a report from the Baytown Housing Finance Corporation was placed at the Council table. They have not received their bond rating yet, but expect to receive it within the next few days. The Baytown Housing Finance Corporation will put the bonds on the market next week. Hopefully, they will be able to get the program underway around the first of the year. General Homes - Representatives of General Homes have asked for an opportunity to have another work session with the Council to discuss with Council plans for their subdivision, in particu- lar as those plans relate to drainage. Also, the Administration has visited with Mr. Green of the Flood Control District since the last meeting. Mr. Lanham explained that he felt it would be helpful if Council could have a representative from the Flood Control District present at this same meeting to explain their policies with respect to drainage. Council scheduled the work session for Monday, November 26, 1979 at 5:00 p.m. 91120 -6 Minutes of the Regular Meeting - November 20, 1979 Councilwoman Wilbanks commented that she is very interested in getting the Flood Control District's opinion on the proposed development. Councilwoman Wilbanks stated that she would like for Commissioner Jim Fonteno to be present at the work session to participate in the discussion, since this is an avenue of bring- ing together the City and the Flood Control District to see how they interact. Christmas Holidays - The two Council meetings in December fall on December 13 and December 27. The Administration inquired if the Council has any desire to change the date of the second Council meeting. Council expressed a desire to dispense with the second Council meeting in December and if an emergency occurs, a special meeting could be scheduled. Questions and Comments Regarding the City Manager's Report Councilman Philips commented that he looked at the material that Donald Smith, Clean City Coordinator, and the Clean City Commission presented to Council and he commended Mr. Smith for the fine work that he has been doing which ultimately, this work will pay off. He felt that clean cities do not just happen accidently but they have to have someone working very hard in order to make the cities clean. Hear Report from Baytown Cultural and Fine Arts Study Committee Council has received a copy of a report from the Baytown Cultural and Fine Arts Study Committee. Bill McNeill, Chairman of the Committee, reviewed the report with Council. One year ago the Baytown City Council created the Cultural and Fine Arts Study Committee. The Committee organized in November and has met monthly since that time. Members have been diligent in attending meetings and fulfilling committee assignments. All have a com- mitment to the furtherance of cultural and fine arts activities in Baytown. The Committee has concentrated on trying to assess the condition of cultural and fine arts organizations and did this through a questionnaire. A copy of the questionnaire with its cover letter and a summary of the responses were included in the report. Mr. McNeill explained that certainly one of the most impor- tant observations coming from the Committee is that many Bay - tonians believe cultural and fine arts activities are important, that they should be an integral part of our community. It was the recommendation of the Baytown Cultural and Fine Arts Study Committee that the Council provide for the establishment of a standing committee on cultural and fine arts affairs to assist in the coordination and advertisement of activities and the general support of cultural and fine arts organizations in Baytown. Mr. McNeill further commented such committee will further enhance the quality and quantity of cultural and fine arts activities by and for Baytonians. Air. McNeill emphasized that the Committee is not suggesting at all that there be any elimination or distraction from drain- age, streets, law enforcement, or from the salaries of any of the City staff. Councilwoman Wilbanks commented that she was very interested in seeing this committee get together and after having worked for these months together, they have approached it in an organized manner that does indicate to Council that there are many citizens in Baytown that do participate in these projects. Therefore, Councilwoman Wilbanks moved to accept the recommendation of the Baytown Cultural and Fine Arts Committee and that the City Coun- cil formulate a cultural and fine arts activites committee for Baytown; Councilman Philips seconded the motion. The vote follows: 91120 -7 Minutes of the Regular Meeting - November 20, 1979 Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Councilwoman Caffey thanked the Baytown Cultural and Fine Arts Study Committee for this calendar of activities that is printed in the Baytown Sun each week. Mr. Lanham inquired if it is the wish of the Council that an ordinance be prepared for presentation establishing this commit- tee. Councilman Philips commented that this Committee is going to have certain objectives and it will have to have some stated purposes. Would that be an inherent part of the ordinance? Mr. Lanham explained that it could be put into the ordinance in a very general way and suggested that Mr. McNeill and the Committee work with the Administration in developing the ordinance for presentation to Council. Councilman Philips explained that the Committee could help to articulate the goals and objectives of the committee. Coun- cilwoman Wilbanks commented that they would be helpful in sug- gesting the makeup of the membership and the number of members. Consider Redefining the Scope of the Corps of Engineers Baytown - Brownwood Project; Consider Appointing a Brownwood Study Com- mittee; Consider Ordinance, Calling an Election on Baytown - Brownwood Project; Consider Authorization for Langford Engi- neering to Perform Study of Brownwood Sanitary Sewer System Council has discussed with representatives of the Corps of Engineers the possibility of redefining the scope of the project. The Administration reported to Council that this would require congressional approval which would require studies and public hearings in order to get congressional action. All of this together would take approximately two years. Two Council members asked that the Administration put an item on the agenda to consider appointing a Brownwood Study Com- mittee to study the problem and make recommendations to the Council. Council also had asked that an item be placed on the agenda regarding an ordinance to call an election. The date of the proposed election is left blank in the ordinance. If Council desires to hold another election, Council would determine the date. If the proposed evacuation of Brownwood is not approved, the City will have to consider improving existing City services in the Brownwood area. One project would be to study the Brownwood sanitary sewer system to determine what steps need to be taken to provide adequate and safe sanitary sewerage collection. In this regard, Council has asked that an item be placed on the agenda to consider authorizing Langford Engineering to perform a study of the Brownwood sanitary sewer system. Councilman Kloesel suggested that the Council go through a process, as a body, eliminating the steps that Council does not want to take and then concentrate on the areas that Council wants to develop. Councilman Kloesel went on to state that he is not convinced to redefine the scope of the Brownwood Project would be an appropriate action. Mayor Hutto concurred with Councilman Kloesel, but pointed out that there is a provision whereby some areas in Lakewood and on Bayway Drive could be opted out which would be a redefining of the scope that would not require congressional action. Mr. Lanham read a few sentences from the Corps of Engineers report under the section, "Acquisition Guidelines," saying, "after reviewing these factors, the individual property owners 91120 -8 Minutes of the Regular Meeting - November 20, 1979 adjacent to the projected 152 foot msl elevation will be con- tacted to explain and discuss the criteria established and to give them an opportunity to indicate whether they wish to be in or out of the project. After review of the projected 152 msl elevation, the established criteria regarding services that must be provided to the property owners outside the project and the wishes of the property owners adjacent to the project boundary, a final project boundary based on sound real estate practices will be recommended to higher authority for review and approval." Mr. Lanham felt that does leave open the possibility of some of the areas on the fringes being deleted from the project. Councilwoman Caffey inquired if this would be the same as Lynchburg wanting out of the project? Mayor Hutto explained that Lynchburg did not have a sponsor. Councilman Kloesel commented that the map that Council drew prior to the election did not appear to give people in the higher areas a choice. He further commented that it is hard for him to understand how the City is having two different interpretations by the Corps of Engineers. Councilman Philips explained that the Corps, at the time, thought the broader the interpretation, the more evacuation the better. Mr. Lanham explained that when the Corps comes in to begin acquiring property, individual property owners adjacent to the projected 152 foot elevation will be contacted as to whether they wish to opt out of the project. The Corps will not redraw the lines at this point. Mr. Ed Vaught, a resident of Lakewood, explained that what the residents on North Burnett want is to be out of the project completely like the low areas on Goose Creek Stream and low areas in Cedar Bayou. After the bond election in the City is approved, then the bill adopted by Congress states that the Corps will come back and resurvey everything to determine the areas that will be included and those that will not be included. Mr. Vaught ex- plained that the residents on North Burnett are very fortunate because they do not have a drainage problem. Mayor Hutto explained that some clarification will be made before the bond election. Mr. Vaught emphasized that he and many others in Lakewood would like to support the Brownwood Project, but could not if the upper elevations were included in the project. Councilman Kloesel inquired if the elevation or benchmarks are accurate in this area. When were they brought up -to -date? Councilman Philips stated that the United States Coastal Geodetic Survey has been updating these and as a matter of fact, they have to do this regularly. He further commented that benchmarks were resurveyed approximately a year ago. This was the data that Council was told shows a very favorable reduction in the rate of subsidence. Mr. Lanham read another statement from the report. "At this time, the National Geodetic Survey is in the process of relev- eling the benchmarks in the vicinity of the project to account for the continuing subsidence. Subsequent to the releveling of the benchmarks, a revised projected 152 foot mean sea level elevation as related to the proposed project boundary will be surveyed and established. At this point, it will be necessary to coordinate with a local sponsor and utility companies to esta- blish criteria regarding streets, water, sewer and other services that must continue to be economically provided to property owners outside the project limits. After reviewing these factors, the individual property owners will be contacted." Mayor Hutto commented that the best way out is to allow these residents to opt out and make sure that the City has an opportunity for them to do that. Councilwoman Wilbanks commented that the item in regard to 91120 -9 Minutes of the Regular Meeting - November 20, 1979 redefining the scope of the Corps of Engineers Baytown - Brownwood Project suggests to her that the Council would try to go through the process of scoping down the project before the election. She said as Council's discussion has transpired, the Council has been looking at the possibility of going on with an election at an earlier date and then allowing people to opt out. Council would be presenting the same thing to the citizens that was presented at an earlier time but would try to clarify this business about opting out adjacent property. Councilman Kloesel felt that Council may need to notify the Corps of Engineers that the City of Baytown is not interested in rescoping from the standpoint of taking a couple of more years and additional funding for a study. He further commented that one thought may be to vote not to reduce the scope and notify the Corps of Engineers. Councilman Philips commented on the item regarding an elec- tion on Baytown - Brownwood Project, and stated that to ask the Corps to study the situation with the view of rescoping the project and calling an election for two years into the future is not an acceptable way to resolve the problem. Councilman Philips stated Council could obtain an immediate clarification and set a bond election early next year. If Council does not go in that direction, what Council is faced with is a bond election of huge proportions, millions of dollars that will have to be presented some time in the May or June framework of next year. Council has to know some time in January whether Council should authorize the engineering work to be done to cause the sewer system to be upgraded, the drainage system, roads, etc. In looking at this thing in order to get on with the plans which will get the City of Baytown out of the Brownwood problem, Council has to go ahead and consider an election early in January. He further commented that if Council continues to study this thing, Council is not getting anywhere. Councilman Philips further stated that he has talked to a number of people about how they feel about the Brown - wood question and the responses that he has received is that the question concerning the municipal airport caused a lot of nega- tive reaction against the total pair of questions. Being allowed to vote on the single issue would give the citizens a clearer and more specific answer to how the Council should deal with the Brownwood problem. To refuse the Corps of Engineers' proposal will cost the taxpayers of Baytown millions of dollars. The City will pay that money out in a form of relocation or in a form of very high maintenance and upkeep costs. The City will pay this money out one way or the other. Councilman Philips also com- mented that if Baytown does keep Brownwood and tries to keep it as a liveable area, the City will still have the problem and it will continue to get worse. Even today, the Exxon Refinery is adding 8 feet to the dike area around the lower docks in anti- cipation of more problems. He felt that the City could use the same thinking and say that the City will be looking at 8 more feet in the Perimeter Road and that is going to be a very costly and undesirable solution. He felt that the City of Baytown will not be able to maintain sewer systems and surface drainage sys- tems that are below sea level in a very economical fashion. Councilman Philips commented that his personal feeling is that the Council should get on with another decision making bond election. Mayor Hutto commented there were several members of the Council including himself that objected stringently to having two issues on the same ballot. He further commented that the Council should try and get rid of the problem so that more time may be devoted to other areas of town that are in need of attention. Councilman Philips pointed out that another thing that should be brought out is that the other citizens of Baytown need to realize that at the present level of depressed tax evaluation levels (property evaluations in Brownwood), the City is only getting something in the league of $25,000 per year in taxes from Brownwood. The major expense is the area where the City is receiving the least income from taxes. Again, the taxpayers need to realize that even today, the City of Baytown is subsidizing 91120 -10 Minutes of the Regular Meeting - November 20, 1979 that area very heavily. The City has crews down there main- taining water pumps, standing by on overtime, repairing these pumps and the cost to keep Brownwood afloat is very expensive and it will get more so. The money that the City of Baytown is spending down there is literally bleeding the City of Baytown from its ability to maintain adequate and proper drainage in the rest of the City. This is a story that the Council has got to get the citizens on the other side of Baytown to understand. Councilman Philips also suggested that the Baytown Sun could relay the message that the Council's ability to keep the rest of, the city in good drainage status is being crippled because of Baytown's tremendous obligation in the Brownwood area. Councilman Philips also pointed out that when the City goes to New York to sell bonds, the bond rating firms are concerned about this area of Baytown. They understand that Brownwood is a tax burden to the City of Baytown which jeopardizes the bond rating. He further commented that the citizens of Baytown in the 1980's ought to be able to think about Brownwood as a place where people used to live. It is no longer a residential area. He also felt, as a councilman, a deep obligation to let the citizens take another look at that as quickly as possible before the Council gears up and spends hundreds of thousands of dollars in engineering studies and then present millions of dollars in bonds to pour money into that area and really continue to watch it sink. Mayor Hutto recognized Mr. M. L. Bishop, who commented that he agrees with Councilman Philips. It has been two years and $200,000 when this original study was made and then two more years of studies and another $200,000. Mr. Bishop commented that anything that could be done without the federal government, the better. Mr. Bishop explained that he will support any kind of bond issue if it is done with Baytown's money and without federal aid. Councilman Kloesel commented that what Mr. Bishop is saying is that the City of Baytown should not participate with the federal government but that the City of Baytown should conduct this evacuation with Baytown funds and resources without federal help. Councilman Philips commented that the tax rate would go from $1.44 to $5.44 and felt that the citizens of Baytown would not like that. Councilwoman Wilbanks clarified for Mr. Bishop that the project being discussed would be _'ederally funded. Wayne Murray, a Lakewood resident, inquired if in order to call a bond election, the City would have to include the whole area? Councilman Philips responded that approximately two months ago, the Council went to Houston to confer with Congressman Eckhardt and the Corps of Engineers to inquire about the possi- bility of reducing the scope of the project to include only the Brownwood portion. Congressman Eckhardt explained that another bill would have to be passed and he anticipated nothing short of two years to accomplish this. At that point, it was also brought out that if the Council was talking about trying to save any money or reduce the $7,000,000 significantly, most of the cost is in the lower area. Cost wise, the City could not get much im- provement. When Council came back and started to reread the Corps of Engineers report which is the basis for the bill, Council saw that there is this latitude and by early January, there should be a clarification concerning the upper areas. Councilman Cannon inquired if the Council knows at this point what the Brownwood Project will cost the City of Baytown? He stated that the City of Baytown is not in a position to again tell citizens what it is going to cost the City if the evacuation route does not pass. He felt that the City of Baytown needs to go ahead with this engineering study if it is not a six or eight - month study. This study would give an idea of what it is going ig 91120 -11 Minutes of the Regular Meeting - November 20, 1979 to cost the City which facts would be presented to the voters. People would be more comfortable if the facts were available on how much it will cost to upgrade the sewer system and what costs would be necessary over a five -year period. Council will allow the voters to select the evacuation solution or hopefully the citizens will approve the bond issue to go ahead with necessary improvements. The City has to have bond funds because the im- provements cannot be accomplished out of operating funds. Perhaps the voters would rather go the route of upgrading the services. Councilman Cannon felt that long range evacuation would be the best solution but the voters have to approve it. He further stated that if the Council presents this proposal again in January without firm facts, it will fail. Councilman Kloesel expressed the feeling that it is not economically feasible for Council to spend money on a sewer study if Council is planning to support an evacuation. He felt that this is an unnecessary expenditure. Mr. Lanham explained that the cost estimates reported prior to the last election are the improvements now necessary and that will be necessary over the next fifteen years. The information included the cost for operating the pumps that would be necessary in the sewer system. However, an engineering study may show something different would work there. Without very extensive engineering studies, the Administration would have no means to develop more extensive information than presently available. In response to a question from Councilman Cannon, Mr. Lanham explained that the extensive sewer system study that would satisfy the requirements of the EPA and the Texas Water Quality Board would take approximately three to four months. The esti- mated cost for this study is $10,000 to $15,000 and this study would list alternatives, if there are any, to a pressure type system. The Administration has included in its estimate the cost of rebuilding the streets in the area within the next fifteen years. These are based on assumptions that all or most of the streets would be rebuilt within the next fifteen years. Some- thing will also have to be done about the sewer system. The Administration did not take into account any federal funding in the sewer system. Mr. Lanham explained that any improvements planned over a fifteen year period must be planned with the view that future Councils would authorize expenditures for these im- provements. He also pointed out that if people are going to continue to live in Brownwood, this City Council or future City Councils will begin to get requests for elevating the Perimeter Road. With additional subsidence, and this Corps of Engineers Report projects another foot of subsidence between now and the year 2020, where even six inches more subsidence will put water over the Perimeter Road several times a year, there will defi- nitely be a need to elevate the road. The City can install new sewer systems and new roads but if water comes over the Perimeter Road, the City will be faced again with the same problems that are now occurring. Even if the Perimeter Road is elevated, this does not help the people who live outside the Perimeter Road. There are approximately 82 homes outside the Perimeter Road. If the Perimeter Road would be elevated another two or three feet, citizens would not be able to get out of their driveways. Mayor Hutto recognized Marion Johnson who resides on North Burnett Drive. Mr. Johnson commented that he has three comments to make. First of all, in the question of the federal partici- pation in this project; when this thing was developing and this was about the time the flood insurance was becoming available to people in Baytown and one of the justifications that was put before the Congress was that the cost of this project to the federal government was going to be approximately the same whether it was going to be under the Federal Guaranty Flood Insurance or under federal participation in the buy -out program. As far as the federal government is concerned, it is a trade -off. As far as the citizens are concerned, because of the cost of providing the people with services that the City is obligated to provide, it is not a trade -off but is money that the City is going to have 91120 -12 Minutes of the Regular Meeting - November 20, 1979 to spend one way or the other. Perhaps one of the ways that Council may consider approaching this is to present it to the people as a trade -off, in an either /or situation. He felt that the City is obligated to provide the people now living in Brown - wood with a clean and sanitary place to live. It is going to cost alot of money and if it is worth a bond issue, the voters are obligated to pass the bond issue. If on the other hand, the voters choose to buy -out the homes that are flooded, then that is an alternative that the voters could be given as a choice. He further commented that if the choice is made clear, then put two issues on the ballot. Councilman Cannon felt that it is important for the voters to have a choice on the bond issues. The City needs approval of one plan or the other. Mr. Johnson further commented that these people have lived in a terrible situation for far too long and he is ashamed that this situation has been allowed to exist. The City is obligated to do something and if it is traded off, that is maybe the choice that we are faced with putting to the voters. Mr. Johnson commented that another thing that really hurt the Brownwood issue was the October floods. He explained that his house is in the 152 foot elevation and he did not get water in his home during the October floods. Many other citizens in Baytown did and they are saying, "Why should we buy Johnson's house when he did not get any water and I did ?" Mr. Johnson commented that if he were in their shoes, he would agree. This is why, as you recall, a number of residents in the North Burnett area put their names on an ad saying that they support bailing the Brownwood people out but do not support a situation where they are forced to sell their houses in order to bail them out. Mr. Johnson commented that this is the problem that they are having with the issue as it is presently stated. In the dis- cussion with the federal government before the bond election took place, Mr. Johnson's recollection was that the people inside the 152 foot perimeter did not have the choice that is being des- cribed now. Mayor Hutto recognized Mrs. Ed Vaught, a resident of Lake- wood, who explained that the citizens of Baytown need more infor- mation and would like from this night forward, for this issue to be spoken of as the Brownwood, Lakewood and Wooster Project. She commented that all of these areas are to be bought out. Mrs. Vaught also reminded Council that when the Corps of Engineers is given control of the situation, there will be no guarantees that those who live in higher elevations will have an option. Mr. Murray emphasized that the recent problems that the City of Baytown has had in Brownwood has not affected him. He com- mented that the residents on South Burnett may be in danger in the future but are not in immediate danger for the present. As responsible citizens, the City has to take care of Brownwood. Anything that comes after that is after the fact, and the City can deal with that later on. Mr. Murray stated that two com- plaints that he has heard voiced concerning the Brownwood Project are that the higher elevations have been included and a large percentage of people who reside there are not homeowners. Mr. Lanham reminded Council that the School Board is holding their election on January 19, 1980. Councilman Philips suggested that the City Council consider the item that would call for election on the Baytown - Brownwood Project and set that election date for January 8, 1980. He stated that this would give Council time to get a clarification on the 152 foot boundary flexibility. Also, the election results would provide Council with answers so that the City will know what must be done after the election. Councilman Philips moved that the City of Baytown hold the election on January 8, 1980 with only the one question on the issue so that there is no doubt or problem of getting the one 91120 -13 Minutes of the Regular Meeting - November 20, 1979 question very clearly presented to the taxpayers; Councilwoman Caffey seconded the motion. Councilman Cannon inquired as to what will the alternative be if it is not approved? Councilman Philips responded that the City Council would then know that engineering studies must be authorized to develop a bond package to submit to the voters to make improvements to Brownwood. Councilman Kloesel pointed out that Council has been dis- cussing another election immediately after an election on the subject was held in July. He stated that he will not support calling another election, but will support the proposition that this Council needs to make a decision whether the Council wants to call another election. Marion Johnson inquired if there are funds in the City's operating budget to deal with the unsanitary conditions in Brown - wood to stop the immediate problem of sewage flowing in yards. Mr. Lanham explained that the City can continue to repair lines, pumps and lift stations. These things have been allowed to deteriorate through the years in anticipation of this being cleared. He felt that the City would have to continue as the City has and that is when the city has a sewer cave -in, the crews would go in and make a point repair. The City has not sliplined any sewer lines in the Brownwood area as the City has in other parts of town. The City would have to continue to put bandaids on until permanent improvements are made or until the area is evacuated. Mr. Johnson also inquired if the Administration has an approximate cost per month for the work being performed there? Mr. Lanham responded that that information had not been compiled in the past, but a record would be kept for future purposes. Councilman Philips emphasized that this information should be developed to establish clearly that Brownwood repairs are costing the City which prevents the City from doing a better job in other areas of the City, and the City is still not doing a good job in the Brownwood area. He felt that Brownwood is crippling the City. Mr. Lanham pointed out that even if the City spent the millions that would be necessary, it still would not be a good place in which to live. He further commented that there is no way it can economically be made into a good and safe place to live. Councilman Cannon commented that if it is approved to put this issue on the ballot again, will it improve its chances if the City would put some type of restriction on the use of that land after evacuation? He commented that he has heard many comments about how much it is going to cost the City to maintain it as park land. This is not spelled out. Maybe put a restric- tion that would say for five years, nothing would be done to improve it. Would this make it more palatable? Councilman Philips commented that unless some other govern- mental agency desires to pay the bill to provide for some im- provements there. He commented that the county has indicated that maybe they would like that land. Certainly, the City could say in the bond issue or in this resolution that this carries with it a moratorium on maintenance of any kind or the installa- tion of park facilities that would be an expense to Baytown without voter approval. Mr. Lanham explained that it would be reasonable to assume that bonds would have to be voted in order to build any extensive facilities there. The voters would have an opportunity to make that decision at that time. The City Attorney explained that the ballot proposition will read, "the issuance of park bonds," because that is the only 91120 -14 Minutes of the Regular Meeting - November 20, 1979 legal authority open to the City to authorize the future funds. Mayor Hutto recognized Mr. John Wilson, who resides at 176 North Burnett, who stated that the City Council is submitting the same proposal that was submitted to the voters earlier which proposition had been defeated. He felt that having the airport issue on the ballot had no effect on the Brownwood issue. He felt that if the Council submits this bond election to the voters again, without any cloudiness or without any other issues, and it fails the second time, within the boundaries that Council is now speaking of, then the Council will get such a voter apathy that the City Council will leave no options. ter. Wilson commented even though the project would be reduced in scope, it might not even pass at that level. In the meantime, the people in Brown - wood are suffering. Mr. Wilson stated that he was not aware of any open opposition to the Brownwood issue when presented last, but several persons opposed the airport issue. Mr. Wilson recom- mended that the City Council not call another election at this time but go ahead with the engineering studies that are necessary to come up with viable solutions. At least, not call another election until Council has established that the people desiring to opt out have that option. If City Council calls the election now and then discovers two weeks from now that there are no options for the Wooster or Lakewood area, then Council will find opposition to the bond issue. Councilman Philips stated that he does not want to spend a lot of engineering money unnecessarily. One of the necessary steps is to call the election, and in the meantime, the City can get this clarification as to the flexibility in the Lakewood area which will be made public. If it is not there, that is part of the decision making process. Mr. Wilson commented that calling the first election was a burden on the present Council. The voters acted and rejected it. Now the Council is submitting the bond issue again in its same form without any real clarification at this particular moment. Council is calling an election for a specific date regardless of any clarification of whatever follows. He commented that he opposed this type of tactic. Mayor Hutto recognized Jean Shepherd, who explained that for the past month she has been meeting with some educators who have indicated that Brownwood, in its natural state, would be one of the best environmental parks in the state, and possibly in the country. It would be a great contribution to all universities, colleges, high schools and grade schools if the City of Baytown would see fit to leave it in its natural state and use it for environmental studies. Mayor Hutto recognized Ed Vaught, who emphasized that he wanted to retain his home just as intently as the people in Brownwood wanted to be free of their's and that Council needed to consider that there would be an organized, well - financed oppo- sition to a second election. Councilman Kloesel stated that he opposes calling another election but at each Council meeting, the Council has had the proposition about calling an election. He felt that the City Council should make the decision and say that there will not be another election. This is one of the steps that the Council needs to take. He further commented that he is hopeful that the Council will say no, we have already had an election and the voters have spoken. Councilman Cannon stated that the Council needs to have two choices on an election. He felt that the City should give the voters a choice of improving and upgrading the services or the evacuation. Councilman Kloesel felt that the Council members should vote "no "; that Council will not support another election and then address themselves to services. 91120 -15 Minutes of the Regular Meeting - November 20, 1979 Councilwoman Wilbanks commented that she had asked Mr. Bounds if the City Council could legally present to the citizens, do you want "A" or do you want "B," when both of them would involve commitment of bond funds or does the City Council have to present it as a "yes" or "no" issue. Mr. Bounds commented that the wording on the ballot would be to authorize issuance of proposed bond funds. If Council would want to put a maintenance item on the ballot, Council would need an item stating, "Consider authorizing bonds for maintenance of sewer and water systems." When you put those items, it will not be an either /or situation. Each bond issue would be voted on by indicating "yes" or "no." Council could end up having the voters approve both the park land and the maintenance and then Council could also have them reject both. Mayor Hutto commented that if the bond issue fails, then the City Council can go the route of a bond election or study to upgrade the services. Mr. Lanham explained that next year would be the time that the City would have a bond election that would cover city -wide improvements. If the area is not to be evacuated, the Brownwood area should be included in the study of the total city needs and made a part of that. Councilwoman Wilbanks commented that both Mr. Bounds and Mr. Lanham responded about the wording as if the City will have to live with the park acquisition wording on the ballot. That wording does not actually describe the project to the citizens. Councilman Philips inquired if the Council could add the wording, "and the conversion of the land to passive park use." In response to questions from Council, Per. Bounds explained that the Administration had discussed the bond wording at length with Howard Mays, bond counselor with Vinson, Elkins, who repre- sents the City in its bond matters. It is the desire of the bond counsel to have the bond proposal worded as broadly as possible in order to protect the validity of the bonds that would be issued. Any changes in the wording would need to be clarified and approved by the bond counsel to see what effect that might have on the bond issue. The Administration did spend some time with Mr. Mays trying to impress upon him that the City did not want the citizens to feel that proposal held some hidden conno- tations. The City wanted to be as open with the proposal as possible. It was with that understanding in mind that the wording was developed. Councilman Philips commented that in all due respect, that so little was said that the wording was counter productive. Councilwoman Wilbanks commented that she understands, in effect, the City is gaining park land out of this but the very intent is relocation and that is not a part of this. Mr. Bounds commented that the intent of the project is a non - structural "improvement" project. Councilwoman Wilbanks inquired as to why it is not called a flood improvement project because that says more than park bonds. Mr. Bounds explained that the City has no authority to issue bonds for drainage purposes or for non- struc- tural type improvements. Councilwoman Wilbanks commented that it is a very significant thing when the City is having people vote on it. Councilman Philips stated it is true that the human goal is not really there. People see the City spending that kind of money for a park and they think this is ridiculous so it looks as if Council is being flippant with the taxpayer's money where in effect, the City is really relieving pain and discomfort. Mr. Bounds commented that if the Council wants to present it as a non - structural flood control project, the Administration did discuss with the bond counsel, some alternatives that Council could pursue and all of them involve a significant amount of 91120 -16 Minutes of the Regular Meeting - November 20, 1979 time. For instance, one could go about trying to create a flood control district for the Baytown area which would be able to legitimately authorize bonds for non - structural flood control purposes. That would involve going to the legislature, creating the district, and giving the district the authority to issue the bonds or going to the legislature to acquire authority for the City to participate in non - structural flood improvement type project. Again, this would require a significant amount of time. Councilman Philips stated that he felt the Council should look at some alternative wording that does meet the test of the bond situation but yet gives some description as to what the City is trying to achieve. Mayor Hutto commented that the wording is probably very limited that the City could use to describe this. The vote follows: Ayes: Council members Philips, Johnson and Caffey Mayor Hutto Nays: Council members Kloesel, Wilbanks and Cannon Councilman Kloesel requested that any member of the Council that owns property in the buy -out area, abstain from voting. He felt that this is important and further commented that he will investigate that and challenge that if a member of the Council owns property in the buy -out area, he felt that they should abstain from voting. Councilman Philips stated that this disenfranchises a person. Mayor Hutto called a ten minute recess. When the meeting reconvened, Mr. Bounds explained that prior to the last election, it came to his attention that at least one Council member owned property in the proposed buy -out area. At that time, he did some basic research into a possible conflict of interest. Mr. Bounds further commented that he could not find all of his notes from that time but would attempt an "off the cuff" opinion which is sometimes dangerous. Mr. Bounds commented that it is clear that a council member does not have a conflict in calling a bond election on some improvement that would direct- ly or indirectly benefit the area in which he lives. That is not a type of conflict of interest that is prohibited by state law and felt that such conflicts of interest are going to be inherent to almost any action that a City Council member makes and that is to be expected in the nature of a political body. Even when Council votes on the tax rate, they are affecting their property by determining how much taxes they have to pay. Mr. Bounds further commented that Section 127 of the City Charter provides that, "No member of the Council shall have a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract or in the sale to the city or to a contractor supplying the city, of any land or rights of interest in any land, material, supplies, or service, etc." This is also under the Texas Revised Civil Statutes, Article 988. Although there are few judicial decisions relating to these statutes and similar city charter provisions, the courts generally construe these provisions very strictly in order to prohibit conflict of interest. Any contract entered into by the City during a Council member's term of office, in which he has a direct or personal interst is illegal and void. The action is illegal even though the official abstained from voting when the contract was awarded even if the contract was the best or the contract was inherently fair. However, examining the nature of the proposal to be presented, Mr. Bounds came to the opinion that there was no conflict in voting on an ordinance to call a bond election. At this point in time, City Council is not authorizing the execution of any contract which would violate this conflict of interest. Council is merely seeking authorization from the City to pursue such a contract. Moreover, there may be no con- flict of interest because it is not the City that will be ac- 91120 -17 Minutes of the Regular Meeting - November 20, 1979 quiring property from the various Council members. The United States Government will be acquiring all the property. The City will merely be entering into a contract to buy from the federal government, uncleared property at a pre - established price, and because of that, that might take this from the conflict of inter- est situation, provisioned by the Charter. If it were determined that there was a conflict, then prior to the contract between the City and the government, that conflict of interest could be resolved by several courses of action. Either the contract could be altered to exclude the real property interest of the various council members or the council members could resign from their city office, or the council members could sell their interest in the property to another person. A fact issue could arise as to whether such conveyance was a sham - transaction at that time. Finally, it appears that there is some authority that even though a city cannot enter into a contract to purchase real property from a council member and if they determine that it is necessary to acquire property from a council member for a public purpose, then they may be able to condemn that property. In other words, take it to court to allow the court to set a fair market value for the property in order that that property may be acquired by the City. That situation would not preclude voting on an issue called by an ordinance. Mr. Bounds further commented that his overall opinion, at the time that the bond issue was submitted previously, even though he was not asked formally by Council, was that the Council members could vote on an ordinance calling a proposed bond issue, authorizing the purchase of park lands pursuant to the project as described, even though some council members may have real property interest in that project. Councilman Kloesel commented that Mr. Bounds certainly has a legal opinion on it but from the practical standpoint, the City is participating with the Corps of Engineers, that is what the Council voted to do, to participate and the City is participating in the purchase of individual parcels of land and the City is dealing with individuals on this. Councilman Philips commented that each Council member has an interest because they are voting on something that has a direct influence on its own property values, in the City, the future of Baytown, quality of life here and the way that this City is ulti- mately going to grow and develop, and what it is going to be like in the 1980's. Councilman Kloesel commented that all he is asking is for those council members to abstain from the voting on calling an election. Councilman Philips commented that what Councilman Kloesel is asking for is disenfranchisement and felt that is a rather serious question. A person should not be disenfranchised without very, very serious reasons. Councilwoman Wilbanks commented that when Council started dealing with the Brownwood issue on the previous bond election, she was supportive in calling that bond election and in dis- cussions that follow that, she had made the comment that as a Council member, she could not see going to the people with exactly the same proposal that the Council has presented to the voters earlier. She commented that was indicated by her vote and that does not in any way modify the fact that she realizes the serious conditions in Brownwood but now that the decision has been made to call an election, she will actively work to educate the people of Baytown as to what is involved and what the City faces in the future if this election does not pass. 91120 -18 Minutes of the Regular Meeting - November 20, 1979 THE STATE OF TEXAS 0 COUNTIES OF HARRIS AND CHAMBERS 0 CITY OF BAYTOWN 0 The City Council of the City of regular meeting, open to the public, 1979, at the City Hall, and the roll stituted officers and members of the Clerk of the City, to -wit: Emmett 0. Hutto Allen Cannon Ted Kloesel Jimmy Johnson Mary E. Wilbanks Eileen Caffey Fred T. Philips Eileen P. Hall Baytown, Texas, convened in on the 20th day of November, was called of the duly con - City Council and the City Mayor Mayor Pro Tem Councilman Councilman Councilwoman Councilwoman Councilman City Clerk and all of said persons were present, except the following ab- sentees: none, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ordinance entitled: ORDINANCE CALLING BOND ELECTION AND PROVIDING FOR ISSUANCE OF BONDS (the "Ordinance ") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Ordinance be passed; and, after due dis- cussion, the motion, carrying with it the passage of the Ordi- nance, prevailed and carried by the following vote: AYES: Council members Philips, Johnson, and Caffey Mayor Hutto NOES: Council members Kloesel, Wilbanks and Cannon The Mayor thereupon announced that the Ordinance had been duly and lawfully adopted. The Ordinance thus adopted follows: 91120 -19 Minutes of the Regular Meeting - November 20, 1979 CERTIFICATE FOR ORDINANCE CALLING BOND ELECTION AND PROVIDING FOR ISSUANCE OF BONDS THE STATE OF TEXAS Q COUNTIES OF HARRIS AND CHAMBERS 0 CITY OF BAYTOWN 0 We, the undersigned officers of the CITY OF BAYTOWN, TEXAS (the "City "), do hereby certify as follows: 1. That we are the duly chosen, qualified and acting officers of the City for the offices shown below our signatures and that as such we are familiar with the facts herein certified. 2. That there is attached to and follows this certificate an excerpt of proceedings from the minutes of a meeting of the City Council of the City (the "City Council ") which is a true, full and complete excerpt of all proceedings from the minutes of the City Council pertaining to the adoption of the ordinance described therein; and that the persons named in such excerpt as the officers and members of the City Council or as officers of the City are the duly chosen, qualified and acting officers and members as indicated therein. 3. That a true and complete copy of the ordinance (the "Ordinance "), as adopted at the meeting described in such excerpt from the minutes, is attached to and follows such excerpt. 4. That the Ordinance has been duly and lawfully adopted by the City Council and that the Mayor of the City has approved, and hereby approves, the Ordinance; that the Mayor and the City Clerk of the City have duly signed and attested the Ordinance and each, respectively, hereby declares that the signing of this certificate shall also constitute the signing of the Ordinance for all purposes; and that the Ordinance, as signed, has been duly recorded in the minutes of the City Council for such meeting. 5. That each of the officers and members of the City Coun- cil was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and subject of such meeting of the City Council, and that the Ordinance would be introduced and considered for passage at such meeting, and each of such officers and members consented, in advance, to the holding of such meeting to consider and act upon such subject. 6. That written notice of the meeting of the City Council described in the excerpt from the minutes was posted in the form and manner required by law; and that such meeting was open to the public as required by law at all times during which the Ordinance and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Article 6252 -17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED the 20th day of November, 1979. /s/ Eileen P. Hall City Clerk (SEAL) /s/ Emmett 0. Hutto Mayor 91120 -20 Minutes of the Regular Meeting - November 20, 1979 ORDINANCE NO. 2764 ORDINANCE CALLING BOND ELECTION AND PROVIDING FOR ISSUANCE OF BONDS THE STATE OF TEXAS COUNTIES OF HARRIS AND CHA"NSBERS 4 .CITY OF BAYTOWN 0 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN THAT: Section 1: An election shall be held in the CITY OF BAYTOWN (the "City ") on January 8, 1980, in which all resident, qualified electors of the City shall be entitled to vote; the polls shall be open for voting from 7:00 a.m, to 7 :00 p.m. at the following polling places in each of the following precincts heretofore established and described by natural or artificial boundaries or survey lines by an ordinance adopted by the City Council and on file in its minutes, and the .following are hereby appointed officers to conduct the election at each polling place, respectively: PRECINCT NO. POLLING PLACE OFFICIALS No. 12 Alamo Elementary Bill G. Rogers Judge & Presiding Offic C. C. Laughlin Alternate Judge No. 13 David G. Burnet Irving St. John Elementary Judge & Presiding Offic Mrs. Dorothy St. J' Alternate Judge No. 28 and Pumphrey Elementary J. F. McChesney, Jr. a portion of Judge -6 Presiding Offic No. 96 John L. Priddy Alternate Judge No. 99 Dutch Holland Jack G. Hester Oldsmobile Judge &- Presiding Offic Firs. Jack G. Hester Alternate Judge Minutes of the Regular Meeting - November No. 100 Ashbel Smith Elementary No. 101 Horace Mann Junior No. 102 Baytown Junior No. 149 San Jacinto Elementary No. 165 Travis Elementary. No. 248 Carver -Jones Elementary No. 249 James Bowie Elementary No. 386 Stephen F. Austin Elementary -2- 91120 -21 20, 1979 W. O. Tidmon Judge & Presiding Office Mrs. W. 0. Tidmon Alternate Judge Mrs. S. V. Robberson Judge & Presiding Office Firs. G. E. Dabney Alternate Judge Andres Contreras Judge & Presiding Office Mrs. J. W. S ra berr Alternate Judge Mrs. Mar ' ie Kloesel Judge & Presiding Office Mrs. Fred Marti , Sr. Alternate Judge J. Rodger Read Judge & Presiding Office Troy E. Peterson Alternate Judge Mrs. Woodrow W. Lewis Judge & Presiding Office Mrs. Johanna Wilson Alternate Judge Wayne McClurg Judge & Presiding Office Mrs... Wa' ne: McClur Alternate Judge Dickson Hamiter Judge & Presiding Office Mrs. Henry Hunt Alternate Judge 91120 -22 Minutes of the Regular Meeting - November 20, 1979 No. 414 Cedar Bayou Junior Charles Di. Albright Judge & Presiding Office No. 456 Harris County Courthouse Annex Mrs. Charles M. Albri ht Alternate Judge Joy A. Ralls Judge & Presiding Off Sandra Northcutt Alternate Judge Allen Cannon is hereby designated as the member of.the City Council to canvass the voting machine used in absentee voting,'together with the Mayor and City Clerk as provided for in Article 7.14, Section 7, of the Election Code, V.A.T.C.S., .as amended. Each presiding judge shall appoint not less than-two or more than the maximum number of election clerks specified above to serve at the polling place under his jurisdiction. Eileen P. Hall is hereby appointed as the clerk for absentee voting; and the: Office of the City Clerk City Hall Baytown, Texas 77520 is hereby designated as the place for absentee voting for said election. Said clerk shall keep said office open for at least eight (8) hours, that is, from 8:00 a.m. to 5:00 p.m., on each day.for absentee voting which is not a Saturday, a Sunday, or an official State holiday; provided, however, except as authorized by Article 5.05, Subdivisions 3d and 3e, Texas Election Code, said clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall she permit anyone to vote absentee by personal appearance at any time when such office is not open to the public. -3- ti 91120 -23 Minutes of the Regular Meeting - November 20, 1979 By approving and signing this ordinance the Mayor of the City officially confirms his appointment of the aforesaid election officers to serve at the election; and by adopting this ordinance the City Council approves and concurs in the appointment of the aforesaid election officers. Section 2: At said election the following PROPOSITION shall be submitted in accordance with law: PROPOSITION 1 SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS (THE "CITY "), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,600,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPECTIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUIM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITH THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF ACQUIRING LAND FOR PARK PURPOSES, SAID LAND TO BE ACQUIRED FROM THE UNITED STATES OF AMERICA PURSUANT TO THE "CORPS OF ENGINEERS OF THE UNITED STATES BAYTOWN, TEXAS, PROJECT ", AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? Section 3: Voting machines shall be used for said election, except that paper ballots shall be used for absentee voting by mail, and the official ballots for the election' shall.be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITION, which shall be set forth on all official ballots in substantially the following form: • y OFFICIAL BALLOT PROPOSITION 1 THE ISSUANCE OF $7,600,000 PARK BONDS (PARK LAND TO ( ) FOR ) BE ACQUIRED FROM THE UNITED STATES OF AMERICA PURSUANT { ) AGAINST ) TO THE "CORPS OF ENGINEERS OF THE U. S.• BAYTOWN, TEXAS PROJECT") -4- 91120 -24 Minutes of the Regular Meeting - November 20, 1979 Each elector using voting machines and desiring to vote in favor of the proposition shall move the voting pointer so as to indicate "FOR" the proposition, and each elector desiring to vote against the proposition shall move the voting pointer so as to indicate "AGAINST" the proposition. Each absentee elector using a paper ballot shall vote on the proposition by placing an "X" or other clear mark in the square beside the statement indicating the way such elector wishes to vote on the proposition. Section 4: Notice of such election shall be given by posting a substantial copy•of this ordinance in a public place within'each election precinct of the City and also at the City Hall not less than fifteen days prior to the date set for the election, and by publication thereof on the same day in each of two sucdessive weeks in a newspaper of general circulation in the City, the date of the first publication to be not less than fourteen days prior to the date set for the election. Section 5: It is hereby officially found and determined that the probable period of usefulness of the project described in the PROPOSITION is forty years. Section 6: All or any portion of the bonds described . -in the PROPOSITION, the issuance of which is approved at the election, may be combined and issued as one or more issues or series of bonds. ' Section 7: The issuance of the bonds described in the PROPOSITION is hereby authorized subject to approval at the election as hereinabove set out; and, subject to said approval at the election and during each year while any of the bonds described in the PROPOSITION are outstanding and unpaid, the City Council shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the bonds as such interest comes due and to provide and maintain a -5- 91120 -25 Minutes of the Regular Meeting - November 20, 1979 sinking fund adequate to pay the principal of such bonds as such principal matures but never less than 2% of the original princi- pal amount of said bonds as a sinking fund each year; and said tax shall be based on the latest approved tax rolls of the City with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax are hereby levied, and are hereby ordered to be levied, against all taxable property in the City for each year while any of said bonds or interest coupons appertaining thereto are outstanding and unpaid; and said tax shall be assessed and collected each such year. Said ad valorem tax sufficient to provide for the payment of the interest on and principal of said bonds, as such interest comes due and such principal matures, is hereby pledged irrevocably for such payment within the limits prescribed by law. Section 8: Said election shall be held in accordance with the Texas Election Code, except as modified by the Federal Voting Rights Act of 1965, as amended. Section 9: This ordinance was read once by the City Council and shall take effect immediately. Section 10: It is hereby officially found and determined that the need of the City for such financing creates an emergency and an urgent public necessity for the holding, at the scheduled. time, of the meeting of the City Council at which this ordinance is adopted and for the adoption of this ordinance; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Clerk, and the posting thereof, are hereby authorized, approved, adopted, and ratified. PASSED AND APPROVED this 20th day of November, 1979. /s/ Emmett O. Hutto EMMETT 0. HUTTO, Mayor ATTEST: /s/ Eileen P. Hall EILEEN P. HALL, City Clerk APPROVED: /s/ Scott Bounds SCOTT BOUNDS, City Attorney 91120 -26 Minutes of the Regular Meeting - November 20, 1979 Ordinance - Establishing Rates for Electric Service Provided by Houston Lighting & Power Company Within the City of Baytown Houston Lighting & Power has filed a rate request with Bay- town City Council for new rates. The Council has suspended the operation of the Houston Lighting & Power rate schedule until December 5, 1979. The Public Utilities Commission is scheduled to take action on the rural rate request that Houston Lighting & Power filed some time during the month of December. Council has the authority to suspend the rate increase for another 30 days beyond December 5. The Administration felt sure that the Public Utilities Commission will have made their decision by that time. The Administration recommended approval of the ordinance. Councilman Cannon moved for adoption of the ordinance; Coun- cilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2765 AN ORDINANCE SUSPENDING THE PROPOSED TARIFF AND SCHEDULE CHANGES OF HOUSTON LIGHTING AND POWER COMPANY. Ordinance - Accepting Dedication of Property in Vicinity of Bayland Park M. C. ( "Buddy ") Bray and Don Faust, owners of about 56 acres of property east of S.H. 146 near the City of Baytown's Bayland Park desire to dedicate this property to the City of Baytown. Mr. Lanham pointed out this particular area on a map. The land that is being donated is in two tracts separated by a strip of land that is owned by a large number of heirs and sometime in the future, the City may want to condemn all or part of that property in order to connect the two pieces of land. About 50% of this property is above water. Councilman Philips inquired if the City is being given clear title to this? Mr. Bounds commented that the deed he has pre- pared which has been executed by BFB Contractors is a special warranty deed. BFB Contractors are warranting title to the property and at the present time, there is a lien on the property which the owners are attempting to have released, but at present the lien has not been cleared. Raymond Donnelly, attorney representing BFB Contractors, explained that the lien should be cleared within three weeks. Councilman Philips inquired if the land comes with mineral rights? Mr. Donnelly commented that it comes with whatever title BFI Contractors have. Mr. Bounds commented that as far as the exact nature of those rights, the City did not ask for a title policy or abstract that shows what that is. Councilman Philips commented that if the City accepts this dedication, the City should accept it with the reservation or with a provision set before the City executes the official change of title that the title should be clear. Councilman Philips moved to accept the dedication with the reservation that the lien be removed prior to a transfer of the title to the City; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None 91120 -27 Minutes of the Regular Meeting - November 20, 1979 ORDINANCE NO. 2766 AN ORDINANCE ACCEPTING THE DEDICATION OF TWO TRACTS OF LAND TOTALING 55.9442 ACRES FROM B.F.B., INC.; DIRECTING THE CITY CLERK TO FILE SAID DEDICATION WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Priority Listing for Drainage Councilman Kloesel commented that what he intended to do with this item is expand the work that the City was to do and not change the priorities. Councilman Cannon commented that he would like to get an update as to what the City is doing in Allenbrook III. Mr. Lanham commented that the Administration has double - checked the computations that were used by the engineer in pre- paring the plat and has determined that the engineers had actu- ally exceeded the requirements of the City's subdivision regula- tions with respect to size of pipe and size of inlet. Mr. Lanham felt that there is not any question that the subdivider complied with the subdivision regulations with respect to drainage in this particular subdivision. The City is aware that a large area of the city, north of Baker Road and east of North Main, drains through Allenbrook III. There are contour lines which drop off as the water makes its way towards the east fork of Goose Creek Stream. The same problem occurs in the Country Club area and the Craigmont area. Much of the water that is now on the streets in Allenbrook III is coming from outside the subdivision. The Administration felt that there are two or three things that could be done to provide some relief. One is the possibility of one or more ditches from Montego Street to the ditch. The Adminis- tration has talked with the subdivider about that possibility and he is going to consider it and let the Administration know. Another storm sewer pipe with inlets between Montego and the ditch could be considered or another possibility is to see if the City can get permission from the property owners of the sur- rounding property to dig a ditch along the perimeter of Allen - brook III to intercept the water before it gets into the sub- division and carry the water to the drainage ditch. Councilman Cannon commented that a good possibility on this vacant land, immediately north of the last street, if the proper- ty owner would permit, would be to cut an intercept ditch that would go over to the drainage ditch. As yet, the Administration has not been able to contact that particular property owner, but that would be the most economical solution. However, this would be a temporary solution because when someone buys the lots on both sides of that ditch, the ditch would have to be filled. Councilwoman Wilbanks commented that Mr. and Mrs. Echols of Allenbrook III had talked with her about the size of the storm sewer inlets. She further commented that Mr. Lanham had indi- cated by his comments that the City did perform an on -site check and the inlets have been installed to exceed the specifications. Mr. Lanham responded in the affirmative. Councilman Cannon inquired if the Administration is planning to pursue this as far as trying to get the perimeter. Mr. Lanham responded that he will pursue this. Councilman Kloesel inquired if the City is going to cut the ditch now. Mr. Lanham responded that the City will do so if per- mission is granted. 91120 -28 Minutes of the Regular Meeting - November 20, 1979 Ordinance - Amending Chapter 18, "Motor Vehicles and Traffic," by Deleting Paragraphs 18 -10(k) and 18 -40 and Substituting New Provisions for Each The proposed ordinance amends the City's Code of Ordinances pertaining to Motor Vehicles and Traffic by changing the require- ments for reporting accidents to the Police Department. Under the present ordinance, citizens involved must notify the police department as soon as possible after an accident where damage totals $50 or more; this ordinance provides that the police department be notified when damage totals $250 or more, and makes the City ordinance consistent with state law. The Administration recommended approval of the ordinance. Councilman Kloesel moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2767 AN ORDINANCE AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC," OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN BY THE AMENDMENT OF SECTION 18- 10(k), STATUTORY AUTHORITY, AND THE AMENDMENT OF SECTION 18 -40, REPORT OF ACCIDENTS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Police Department Policy for Investigating Accidents In conjunction with proposed change in accident reporting requirements, City Council asked that information be provided concerning the City's policy for investigating accidents and that of the Houston Police Department's. Presently, the Baytown Police Department policy is to investigate accidents involving damage greater than $50. The agenda packet includes a copy of the City of Houston's accident investigation policy. Essentially it require motorists to report accidents at the Houston Police Department or a sub - station if no one is injured or intoxicated, if the vehicles are capable of being driven, and if all parties involved have a valid driver's license. Mr. Lanham commented that so far, this has been working satisfactorily in Houston. The Administration has checked the City's accident experi- ence for the month of September and there was a total of 218 accidents in Baytown and according to the information provided by the Chief of Police, of that 218, 37°x, would not have been inves- tigated at the scene if the City would have applied the City of Houston's policy. The Administration felt that to institute the same policy as the City of Houston would be a problem in Baytown due to limited personnel. Councilman Johnson stated that he felt that this procedure would make clerks out of sergeants and lieutenants and he felt that an officer should go to the scene of an accident to deter- mine who is in the wrong. Councilman Philips commented that what the City is really dealing with is the procedures that a big organized police force can work with versus the smaller force which does not have the staffing. Mayor Hutto commented that if Council adopts this procedure, it will be another way of getting more police officers on the streets to enforce other traffic problems. 91120 -29 Minutes of the Regular Meeting - November 20, 1979 Councilman Kloesel felt that the officers out in the field should be free to handle the more pressing issues and not get involved in the fender benders. Mayor Hutto stated that he does not see very much interest from the Council in changing the procedure. No action was taken. Councilman Philips proposed that the bid items be handled as a consent agenda and that these be adopted and voted on as a whole. Ordinances - Awarding the Bids for Annual Meter Box Contract; Annual Asbestos - Cement Pipe Contract; Annual Cast Iron Castings Contract; Annual Polyethylene Pipe Contract; Annual Mud Flap Contract The Administration recommended approval of the low bidders on the five bid items listed above. Councilman Philips moved that agenda Item Nos. 12, 13, 14, 15 and 16 be adopted; Councilman Cannon seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2768 AN ORDINANCE ACCEPTING THE BID OF UTILITY SUPPLY COMPANY FOR THE ANNUAL SUPPLY OF METER BOXES AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF FOUR THOUSAND EIGHT HUNDRED TWELVE AND 80/100 ($4,812.80) DOLLARS. ORDINANCE NO. 2769 AN ORDINANCE ACCEPTING THE BID OF WESTERN PIPE AND SUPPLY FOR THE ANNUAL SUPPLY OF ASBESTOS - CEMENT PIPE AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWELVE THOUSAND FOUR HUNDRED TWO AND 08/100 ($12,402.08) DOLLARS. ORDINANCE NO. 2770 AN ORDINANCE ACCEPTING THE BID OF WESTERN PIPE AND SUPPLY FOR THE ANNUAL SUPPLY OF CAST IRON CASTINGS AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF EIGHT THOUSAND EIGHT HUNDRED THIRTY AND N01100 ($8,830.00) DOLLARS. ORDINANCE NO. 2771 AN ORDINANCE ACCEPTING THE BID OF THE ROHAN COMPANY FOR THE PURCHASE OF ESTIMATED QUANTITIES OF POLYETHYLENE PIPE ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. ORDINANCE NO. 2772 AN ORDINANCE ACCEPTING THE BID OF TED'S SUPPLY, INC. FOR THE PURCHASE OF ESTIMATED QUANTITIES OF MUD FLAPS ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED. For tabulations, see Attachments "A" through "E." 91120 -30 Minutes of the Regular Meeting - November 20, 1979 Ordinance - Authorizing the City Manager to Execute a Contract with Bay Area Heritage Society for Operation of Museum The proposed ordinance authorizes the City to enter into an agreement with the Bay Area Heritage Society for the supervision and management of the museum and museum program in the City of Baytown. Under the terms of this contract, the City will pay the Bay Area Heritage Society $12,000 for services which the Society will render. The term of the contract is a one -year period beginning October 1, 1979. The Heritage Society agrees that it will hire a part -time professional curator and it will keep the museum open to the public on a minimum average of 20 hours per week. The Society will also operate the museum free of charge unless the City agrees that fees may be collected by the Society for use of the museum. Funds were appropriated in the 1979 -80 Revenue Sharing Budget for this purpose. The Administration recommended approval of the ordinance. Councilwoman Wilbanks moved for adoption of the ordinance; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2773 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH SOCIETY WITH REGARD TO THE SUPERVISION AND AND MUSEUM PROGRAM; AUTHORIZING PAYMENT BY THOUSAND AND N01100 ($12,000.00) DOLLARS W AGREEMENT; AND PROVIDING FOR THE EFFECTIVE CITY MANAGER OF THE THE BAY AREA HERITAGE MANAGEMENT OF A MUSEUM THE CITY OF TWELVE ITH REGARD TO SUCH DATE HEREOF. Ordinances - Authorizing the City to Enter into a Contract to Repair West Main Treatment Plant and Declaring an Emergency; Authorizing the Purchase of Epoxy- Coated Pipe for Repair of West Main Sewage Treatment Plant and Declaring an Emergency Recently, one of the supports on an aeration chamber at the West Main Street Sewage Treatment Plant collapsed. Several other supports have cracked. These structural failures need to be corrected as soon as possible. Norman Dykes, City Engineer, explained that Ivan Langford, Jr., of Langford Engineering, is present and he had helped the City with a design for the repairs. Bids were taken on an emergency basis. The repair will essen- tially consist of breaking out some concrete for each of these beams attached to the walls. There are twelve places where the concrete must be broken out and repoured. In response to a question from Council, Mr. Lanham explained that this particular portion is approximately 5 years old. Council also inquired if this portion is torn down and re- poured, is there a possibility that this will reoccur. Mr. Dykes explained that once this portion is torn down, it will be re- poured where no steel will be exposed and this should eliminate the problem. Councilmen Philips and Kloesel inquired if the work was per- formed to the engineers' specifications or was this problem created by contractor shortcut? Mr. Dykes responded that the way it now appears, the work was performed to specifications. However, when the work is broken into, it will be more evident if the steel is in there the way it was supposed to be. Two bids were received; one for the amount of $14,000 from a concrete contractor to perform all the concrete repairs. The contractor would also install the steel pipe supports. The City also took bids on the purchase of epoxy- coated pipe and the cost for 12 pipes would be $3,460. These pipes are 3j" steel pipe, 14 91120 -31 Minutes of the Regular Meeting - November 20, 1979 feet, 8 inches long. These beams that are collapsing are 14 feet, 10 inches from the bottom of the tank. The engineer recom- mended in his design to put a steel column about six feet out from the wall on each of these beams for support and use a steel plate on top and bottom for support. These pipes will be in the sewage so they will have to be sandblasted and specially coated with epoxy material. Mr. Dykes explained that the bid of $14,000 includes the labor for putting these pipes in. The contractor will have a lot of labor in the job. Councilman Philips inquired if the plant is to be taken out of service? Mr. Lanham explained that the plant will not be taken completely out of service but the City has asked for per- mission to take it partially out of service. In response to questions from Councilman Philips, EPA and the State Health Department recognizes these problems and they have certain criteria that they place upon cities when treatment plants are taken out of service. Mr. Dykes commented that it should take approximately 30 working days to complete this work. Councilman Philips stated that he would like the Adminis- tration to give notice to the Baytown Sun so that they could say something in the paper to the effect that the City is operating the West Main Sewage Treatment Plant at less than total capacity. Councilman Kloesel inquired if there is any possibility of getting the blowers corrected while the plant is down. Mr. Dykes commented that Langford Engineering has made some suggestions on how the City can correct some of those problems and the Admin- istration has attempted to get some bids from the City's main supplier of pipe fittings, valves, etc. Jerry Ogden, Superin- tendent of Wastewater Collection, estimated a cost of $8,000 for all of the pipes and fittings that would help the situation. The supplier that he had talked to indicated four to six weeks for delivery. Therefore, there would be a problem with coordination of work so that the work could be completed at the same time. Councilman Philips inquired if this work could be delayed until the blowers could be corrected. Mr. Lanham and Mr. Dykes explained that the failure is serious and should be corrected as quickly as possible. However, Mr. Dykes stated that he would certainly pursue the possibility of correcting the blower problem. Mr. Dykes explained that at the present time, the City is looking at a bid of $14,000 for the concrete work and $3,460 for the pipe. The total cost to have the work performed to take care of the failure would be $17,460. Mr. Dykes recommended approval. Councilman Philips moved that Item Nos. 19 and 20 be autho- rized plus this additional $8,000 for pipe improvements that would be used in conjunction with the blowers for odor control; Councilman Kloesel seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2774 AN ORDINANCE AWARDING A CONTRACT TO H. B. HAMILTON CONSTRUCTION COMPANY FOR EMERGENCY REPAIRS TO THE WEST MAIN SEWER TREATMENT PLANT; DECLARING THAT AN EMERGENCY EXISTS; AND MAKING VARIOUS PROVISIONS RELATED THERETO. ORDINANCE NO. 2775 AN ORDINANCE AUTHORIZING A CONTRACT WITH WASTE WATER FABRICATING INC. FOR THE PURCHASE OF EPDXY- COATED PIPE FOR EMERGENCY REPAIRS TO THE WEST MAIN SEWER TREATMENT PLANT; DECLARING THAT AN EMER- GENCY EXISTS; AND MAKING VARIOUS PROVISIONS RELATED THERETO. 91120 -32 Minutes of the Regular Meeting - November 20, 1979 For bid tabulation, see Attachment "F." Resolution No. 708 - Appealing to Teenagers Who Drive Within the City Limits of Baytown to Help Conserve Energy Councilman Kloesel requested that a resolution be drafted asking that teenagers help conserve energy by reducing their driving, especially on Texas Avenue on weekend nights. Mayor Hutto felt that if the City Council adopts this reso- lution, Council would be discriminating against a group of people. Councilman Kloesel explained that his intent was to provide leadership for young people as a means of conserving energy. Councilman Cannon stated that when he brought up the Texas Avenue problem, he really had in mind a resolution that would ask the young people to cooperate and keep Texas Avenue clean more so than their driving habits. Councilman Kloesel pointed out that very little has been addressed to the young people regarding energy conservation. He felt that young people should also be encouraged to ride the buses to public schools rather than in their automobiles. Councilman Johnson commented that from what Councilmen Kloesel and Cannon are saying, this resolution does not set forth the intent. Therefore, he suggested that the resolution be tabled until a later date. Councilman Kloesel commented that he would like a resolution that is directed to both energy conservation and cleanup. Councilman Cannon commented that he is more interested in cleanup and has no objection to including the whole town to ask for citizen cooperation. Councilman Philips suggested a curfew for Texas Avenue. Councilman Cannon commented that his main concern for Texas Avenue is the litter problem. Council did not take action on this item. Consider Priority Listing for Drainage Councilman Kloesel commented that his intent was not to re- arrange the priorities. The intent was to appropriate additional funds to expand those major projects that the City did not accom- plish. There has been discussion about a bond program after the first of the year and Councilman Kloesel stated that he would defer this matter until then. Consider Approving Plans and Specifications for the Development of Four Parks Plans and specifications for the development of four City parks have been prepared and reviewed by the Parks and Recreation Advisory Board. Plans call for development of League of Women Voters, Tejas, Newcastle Street and the park off Texas Avenue. Estimated total cost of these improvements is $66,500. Most of the work will be minor. The City will apply for matching grant funds from the Bureau of Outdoor Recreation on 50/50 matching participation. The City's grant will be approximately $33,250 for these particular areas. Tejas Park improvements will be the smallest project and the estimated cost for improvements is $4,500. An athletic backstop and a shelter will be built at Tejas Park. Tejas Park is located north of Ward Road in the vicinity of Beaumont Street at the east end of Hafer Street. 91120 -33 Minutes of the Regular Meeting - November 20, 1979 A playground will be built at the League of Women Voters Park. The League of Women Voters Park is located at the north end of Columbia Street just west of Wye Drive in the Parkridge Bend area. Estimated cost is $7,350. The Newcastle Street Park that was recently purchased will have minor construction which will consist of a playground area. The park is located in the Glen Meadow Subdivision at the north end of Newcastle Street and it deadends into the street. This is Phase I. The first thing that has to be done is to fence off the area because it is now an open pasture. Phase I will consist of a fence, play area, play slab, and basketball play slab and the approximate cost of this is $17,000. Councilman Cannon inquired if it was necessary to go with this kind of fence. Mr. Rountree commented that he and the Parks Board felt that a chain link fence would be the best route to go. Mr. Rountree further commented that this is the first park where the City had purchased a parcel out of a large tract, so the area will need to be fenced. Councilman Kloesel inquired if the Parks Board has any plans to develop the park that is currently named Goose Creek Park. Mr. Rountree commented that the currently named Goose Creek Park is located in the Southwest Addition and is approximately 11 or 12 acres in size. The City has reclaimed approximately 2 or 21 acres of that particular piece of property from the dredging that the State Highway Department was doing. The City is still filling in that area. Mr. Rountree commented that the Parks Board does have plans to develop the park after the filling of the area has been completed. The area of the five acre tract on West Texas Avenue cur- rently referred to as the West Texas Avenue Park is located on Goose Creek. The City is planning on constructing 800 feet of walkways. Plans also consist to develop four observation paths along the creek. There will be rustic wooden shelters on circu- lar pads similar to Bicentennial Park. There will also be an extensive amount of landscaping done. The City has a historical area that the Service League is participating in to help develop. There will be a historical plaque of Goose Creek Stream. The Service League has offered to donate $1,000 to purchase the plaque that goes on this particular piece of granite. There will be an artist's rendition of Goose Creek Stream on the plaque itself with a brief history of the stream imprinted on the plaque. There will be an area light. Sodium vapor lights will be utilized and there will also be a 10 car parking lot. The estimated cost of this construction is $37,625. The City is receiving federal funds for half of each of these and the local share will come from 1975 bond funds that were voted for parks. It is the intent that the City of Baytown will be the general contractor. The City plans to take bids on the concrete work and also advertise for bids for landscaping material, electrical hookups, etc. Councilman Philips inquired if the Parks Department has re- ceived any input concerning this park? Mr. Rountree responded that he has probably received more comments on this particular park than any other since the development of the Bicentennial Park. Councilman Kloesel felt that more effort should be directed toward establishing parks for persons in highly concentrated areas. He pointed out the need for pocket parks and stated that there are no pocket parks in the Goose Creek area. He also stated that more ball diamonds need to be constructed at the various parks. In response to Council, Mr. Lanham explained that the plans are consistent with the plans that were presented when the bonds were voted and also the implementation plan that City Council approved. 91120 -34 Minutes of the Regular Meeting - November 20, 1979 Councilman Johnson commented that he had spoken to the Ad- ministration concerning the park in Wooster and had asked that they be in touch with Exxon or Ashland Chemical about the proper- ty at the end of Ashby Street where it deadends into the vacant lots. He felt that this might be a good area to pursue for a future park area. Councilwoman Wilbanks moved for approval of the plans and specifications for the further development on these four city parks; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None Councilman Philips requested that Mr. Rountree present the Council with a plan as to where the Parks Department and the Parks Board will go from here on parks. Councilman Johnson asked that Mr. Rountree pursue the area in Wooster that was mentioned earlier. Consider Naming the Five -Acre Tract on the Corner of Goose Creek and West Texas Avenue -- Goose Creek Park Parks and Recreation Advisory Board has approved a recommen- dation to name the five -acre tract on the corner of Goose Creek and West Texas Avenue, "Goose Creek Park." Even though another undeveloped park site has been designated as Goose Creek Park, the advisory board felt the parkland adjacent to West Texas Avenue and Goose Creek is more readily accessible and associated with Goose Creek than the other park site which is adjacent to the Southwest Addition. The Parks and Recreation Advisory Board recommended that the park in the Southwest Addition be named the W. C. Britton Park. A portion of the land was purchased from Air. Britton and he donated a portion of the land to the City to pro- vide access to the park. The Parks and Recreation Advisory Board has recommended those names and the Administration concurred. Councilman Philips felt that there should be some civic connection and linkage with naming a park after a person. Councilman Kloesel commented that he would like to keep the name of Goose Creek for the park that is located in the Southwest Addition. Mr. Rountree explained that the reason the Parks and Recre- ation Advisory Board felt that Goose Creek would be a good name for the park that is located on West Texas Avenue is because it would fit the general historical theme. Councilman Philips felt there should be some criteria esta- blished on the way that the City goes about naming parks. Councilwoman Wilbanks suggested that City Council invite the Chairman of the Parks and Recreation Advisory Board to come and talk to Council in this regard. Councilman Philips moved to table; Council concurred. Recess and Reconvene Mayor Hutto recessed the open meeting into executive session to discuss legal matters and land acquisition. When the open meeting reconvened, Mayor Hutto commented that no action had been taken. Minutes of the Regular Meeting - November 20, 1979 Ad j ourn 91120 -35 With no further business to be transacted, Mayor Hutto adjourned the meeting. Karen Petru, Deputy City Clerk APPROVED: 'W'� "a-" "/--? "�/' Eileen P. Hall, City Clerk CITY OF BAYTOWN TITLE: ANNUAL METER BOX CONTRACT BAD TABULATION BID: 7911 -13 DATE.. November 12, 1979 - 9:30 a.m. UTILITY SUPPLY CO. TEM QTY DESCRIPTION UNIT EXTENDED UNIT RICE EXTENDED PRICE UNIT PRICE N PRICIF UNI X NO PRICF UNIT PRICE- X N PRIrF PRICF ANNUAL METER BOX CONTRACT f � I 1 1 lot TOTAL BID: $4,812.80 DELIVERY A.R.O. 7 days ' PRICES FIRM FOR: 1 year I ; s i One (1) Company submitted a _ "No Bid" Six (6) companies were mailed bids. Recommended Bidder: '• Utility Supply Co. P. 0. Box 15419 I Houston, Texas 77020 GROSS TOTAL LESS DISC. NET IOTA L DELIVERY CITY of BAYTOwN TITLE: ANNUAL ASBESTOS - CEMENT PIPE CONTRACT B J'D TABULATION BID 7911 -14 - DATE� N�wembe r 12 , 1979 - 9:30 a . m. TEn� QTY DESCRIPTION UNIT EXTENDED uN� NDED WESTERN UNIT PIPE N UNI EX o Y!1t' UNIT X N. ANNUAL A -C PIPE CONTRACT 1 1 lot TOTAL BID $1b,721.74 •- •$11,688.96 12,402.08 I DELIVERY A.R.O. 2 da s Y 5 - 10 ays 7 days i' � Prices Firm For: One yeaF f 30 days 90 day ' One cornpany submitted a "No Bid" ( '� Incom fete Bid � I I � � I a� i Recommended Bidder: i � � ! � � Western Pipe and Supply � 14130 Chrisman Rd. r Houston, Texas 77039 E �� i � GROSS TOTAL LESS DISC. NET TOTAL DELIVERY a • oZr-c) W 0 J o m --� W U) 04� < C) C" w Attachment "C" m O �m O C LA a Lq W R a R o m m O -i � n > a P m -, T 0- w d m a vi :1 a n. 7 m � a � V N V C O 'U w v lD 0 O m n O v nj LA c cr R R m d a Z 0 Q o �r+ 0 a m a � cp co w O a% A O N a � a m < m vi a 0 VM W V V1 lfl %-n O a a w � o a sn -c �o 0 N V N O a 3 W N D l< --• S O rri m tA z a --r -- z an r* c X a N V (T 7 N � C r R O C O • a a C-) O lA `G N r m m u+ Co W -•a - V) 3 rn to --o w 3 'Ln R C � 3 A O D z O 3 � m Cl m D N C) o 0 a m a � cp co w O a% A O N a � a m < m vi a 0 VM W V V1 lfl %-n O a a w � o a sn -c �o 0 N V N O a 3 W N a �c �c l< --• S O rri m tA a --r -- an r* X a N V (T 7 N � C R � R O C 0 a m a � cp co w O a% A O N a � a m < m vi a 0 VM W V V1 lfl %-n O a a w � o a sn -c �o 0 N V N O a 3 W N l< --• S O w O •'O Cl - 3 C m 0 m• a -. 7 N K O R � w • a a :� O lA `G N r m u+ Co W -•a - V) 3 rn to --o w 3 'Ln R C � 3 O D O 3 m �f f z V O %Z cr m v� L %D V to i w w 0 a �1 z z c D r Cl) D N 0 z n N z v N n O z D n Wiw O C m D� �o o� TITLE: ANNUAL POLYETHYLENE PIPE CONTRACT B JD: 7911 -16 DQTE. November 12, 1979 - 930 a.m. �TEMI QTY I DESCRtPTtON ANNUAL POLYETHYLENE PIPE CONTRACT Est. 1. 10,000 ft. Polyethylene Pipe 3/4 inch 2, 2,500 ft. Polyethylene Pipe 1 inch TOTAL BID A I I DELIVERY A.R.O. � ! ! PRICES FIRM FOR: ��+� One (1) company submitted a "No Bid" Recommended Bidder: The Rohan Company 8921 Frey Rd. Houston, Texas 77034 GROSS TOTAL LESS DISC. _ NET IOTA L - DELIVERY . � CITY 0 F BAYTOWN B!D TA BULAT! ON UTILITY SUPPLY CO. MUNI IP P UNIT EXTENC•ED UNlT EX +'EIYOEJ UNIT x N UN� xr N UNIT Exr tihEO R1 � $ .19 $1,900.00 S .23 52,300.00 S .18 $1,800.00 S .21 ;52,100.00 t i .27 I 6_ .37 ( 925.00 .26 650.00 .30 `� 750.00 � 52,575.00 153,225.00 `52,450.00 52,850.00 10 days 1 day t 6 weeks As need'd As need d �s 0 da s OnP yea 30 days 10 mont� 9 Y , Less tha 2,000 lbs shipped .O.B. Baytown } i i � � ! l CITY OF BAYTOWl�! TITLE: ANNUAL MUD FLAP CONTRACT BID TA BULAT! ON BID 11 -17 __ _ DATE; November t2. 1979_ - _Q�'�� � -m- TENf QTY DESCRIPTION AUTO PARTS CO. UNI T EXTENDED TEDS S PP UNtr EXTENDED UNt7 ANNUAL MUD FLAP CONTRACT Est. 1. 500 ea. Mud Flaps 40" x 2ti" �6.25/pr $�,OG2.50 $6.50 /ea $3,250.00 ALTERNATE: $14.95/p •$3�737.50-� *In mini .um Tots of � 50 pair at a rime w = DELIVERY A.R.O. l0 days None tii en � Prices Firm To: 30 days 30 days U � Eight (8) companies were mailed bids Recommended Bidder: Ted`s Supply Inc. •. 1200 N. Main, Baytown, Texas 77520 GROSS TC1TA L • LESS DISC. NET 7"OTA L DELIVERY UNI � N UN! T � EXTEN i :t �- a s c n a TITLE: Improvements for Repairs to West B I D� "'ia.in u°.�;°r Trea tment_�.1 any DATE November 20, .1979 CITY OF BAYTOWN BID TABULATION u R Namiltnn R & L Construction Co. Construction Co. TEM QTY DESCRIPTION UNIT EXTENDED UN17 EXTENDED UNIT X7EN0 UN17 EXTENDED UNIT EX7ENOE0 Improvements for repairs to the West Niain Sewer Treat- ment Plant 14,000.00 `14,383.28 GROSS 70TA L $14 , 000.00 $14 , 383.28 LESS DISC. NET TOTA L OF�LIVERY