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:
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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.
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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.
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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.
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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.
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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:
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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
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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
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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"
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Attachment "C"
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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