1980 06 12 CC Minutes00612 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
June 12, 1980
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, June 12, 1980, at 6:30 p.m. in the
Council Chamber of the Baytown City Hall with the following
members in attendance:
Jimmy Johnson
Perry M. Simmons
Mary E. Wilbanks
' Eileen Caffey
Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Dan Savage
Randy Strong
Eileen P. Hall
Absent: Fred T. Philips
Councilman
Councilman
Councilwoman
Councilwoman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Councilman
The meeting was called to order and the invocation was
offered by Mayor Hutto.
Minutes
Councilman Cannon moved for approval of the minutes for the
meetings of May 22, June 3 and June 5, 1980; Councilman Johnson
seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
Receive Petitions
None.
City Manager's Report
The Administration had been instructed to obtain information
regarding the Baker Road Improvement which is to be a county im-
provement. The firm of Busch, Hutchison & Associates is preparing
the plans for this project and Mr. Busch indicated that the plans
for this project are nearing completion. The firm expects to
submit the plans to the county engineer by June 30. The county
engineer will be responsible for advertising for bids which
should be taken in late summer or early fall.
, Park Street Improvement - When Council took action on Park
Street, Council requested that the engineers determine how much
of the property in the back of the existing curb would be used in
conjunction with the new construction. Mr. Hutchison has indi-
cated by letter that the maximum encroachment on the space
beyond the existing edge of the road is perhaps six inches.
Therefore, the engineers were instructed to issue the work order
for the design on which bids were taken. Also, Mr. Trigg had
stated concern during the public hearing on Park Street whether
there would be a smooth transition between the street and the
apron of the property owned by Mr. Trigg. The engineers have
looked at that situation and have indicated that the transition
will be smooth. The contractor has moved equipment on site. The
storm sewer work will be completed prior to the street work.
00612 -2
Minutes of the Regular Meeting - June 12, 1980
Goose Creek Stream - Mr. Lanham stated that he has received
a letter from Mr. Evans with the Harris County Flood Control
District which indicates that the district will continue to ex-
cavate Goose Creek upstream from the Country Club area to the
upstream limits - -well north of Interstate 10. When this is
complete, the dragline and crew will move to the Houston Lighting
and Power easement where the present concrete low -flow section
ends - -the south end of the concrete section that is being in-
stalled. The Goose Creek channel downstream will be desilted and
there will be some widening of the stream to the vicinity of Park
Street. The flood control district is still evaluating the
capacity of the bridge over Goose Creek at Interstate 10. When
the maintenance crew reaches that point, the state highway
department has committed to perform certain improvements to the
channel within the Interstate 10 right -of -way which will include
a deepening of approximately two feet. At that time, the flood
control district's hydrologist will make another evaluation as to
the suitability of this structure to handle present flows. This
structure will also be evaluated in the county -wide study which
will be complete in approximately two years. The study will
define the ultimate requirement for the bridge. The flood
control district will be in touch with the highway department
regarding the bridge's present capacity and any suggested im-
provements.
Decker Drive Water Well - Norman Dykes, City Engineer and
Director of Public Works, reported that the contractor on the
repair to the Decker Drive well has fabricated the screen neces-
sary for repair of the well. The well has been televised and is
in reparable condition. The contractor will be moving equipment
on site Friday and installation of the screen will begin either
Friday or Monday morning. The entire job should be completed by
next Friday.
Mayor Hutto inquired if !fir. Dykes felt that the restrictions
could be relaxed to some degree. Mr. Dykes responded that the
citizens had cut back in their usage of water considerably. He
felt that the City could pump an additional one -half million
gallons per day. Therefore, Council could lift some of the
restrictions; however, Mr. Dykes felt that to release all the
restrictions would be impossible at this time.
Council discussed several alternatives and concurred that
the best alternative was to lift restrictions from 6:00 a.m. to
8:00 a.m.
1980 Street Improvement Project - Brown and Root, Inc., the
contractor for the 1980 Street Improvement Project, reports that
the project is approximately 40% complete.
In response to a question from Council, Mr. Lanham explained
that Brown and Root had completed the base work and placed a tack
coat on Bayway Drive in the vicinity of the Exxon plant. That
area has become very rough. Asphalt will be placed on the rough
spots tomorrow. The contractor prepares several streets before
the asphalt crew is brought in to complete the work.
"N)
Community Development (Cedar Street) - The contractor for
the Cedar Street Improvements under Community Development Program
has moved on site. The utility companies are in process of
relocating and adjusting utility lines.
Gentry School water line is 25,00 complete.
Drainage Work - County and City - East Schreck Street
drainage improvements have been completed. The work on the east
side of the railroad between Massey- Tompkins and Bob Smith is
80% complete. The project on flassey- Tompkins from the county
ditch to Chaparral is 457o complete. The Abbott Street work is
approximately 75% complete.
The county is in the process of installing additional pipes
on the north side of Baker Road and the City is cooperating by
installing pipes on the north side of Baker at City street
00612 -3
Minutes of the Regular Meeting - June 12, 1980
crossings. The City is approximately 657o complete and the flood
control district has completed their portion of the project which
should relieve some of the drainage problems in that area.
Flood control work that is being done by contractor - On
Goose Creek Stream, the concrete lining has been poured from the
south boundary line of Country Club addition north to a point
east of Interlachen Drive. Since the flood control district has
opened its facility in Baytown, a great deal of work has been
accomplished. Recently, brush has been cleared along Woodlawn
ditch, Adams Street ditch, the flood control ditch between Arbor
and Wooster and the Adams Street ditch has been sprayed for weed
control.
The City contractor on Ward Road is approximately ten
percent complete.
Old Radio Shop on Minnesota Street - Since the new radio
shop has been constructed and is now being occupied, Mr. Lanham
inquired if Council had any objections to the Administration
advertising for bids to sell the old building. Council had no
objections.
Council was reminded of the notice of meeting of the Harris
County Councilmen's and Mayors' Association meeting scheduled for
June 19.
Councilman Johnson reported that last week he had attended
the Texas Muncipal League Institute for Councilmembers and
Mayors, and that it was a very informative session.
Ordinance - Establishing a Load Limit for Kilgore Road
Councilman Johnson had requested that this item be placed on
the agenda, but because Councilman Johnson felt that more time
needed to be given for study of the situation, he requested that
this item be tabled and placed on the agenda for the next Council
meeting. Council concurred.
Robert Parker Will Appear
Mr. Parker was not present.
Mr. Wayne Gray Will Present the Parks and Recreation Advisory
Board Annual Report
Mr. Gray, in conjunction with the presentation of the annual
report, introduced the members of the Parks and Recreation Advi-
sory Board to those in attendance. Mr. Gray stated that this has
been a good year for parks and recreation in Baytown, but the
Board would like to emphasize two areas that need attention: (1)
the purchase of land where the growth is, and (2) there is a
need for a committee of perhaps two members of the parks advisory
board and two members from the school district to work together
to develop suggestions for future cooperative efforts for school/
city parks.
In response to a question from Council, Mr. Gray explained
that the Board has not attempted to locate available land for
park purposes in growth areas because there is no money. Mr.
Gray explained that the reason for the Board's concern is that it
does take time to purchase property once located and the Board
fears that unless something is done along those lines relatively
soon, the land may not be available. He cited the old Baytown
area as an example where the Board cannot locate land for park
purposes.
Councilwoman Wilbanks mentioned that she had received a call
just prior to the Council meeting from an interested citizen who
questioned if the City is considering a swimming pool for the
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Minutes of the Regular Meeting - June 12, 1980
Jenkins - Hollaway Park. Councilwoman Wilbanks suggested that this
individual contact members of the Parks Board to make this sugges-
tion because the City will be considering a bond election in the
near future.
tor. Gray commented that he had had the opportunity to pass
by the Norman C. Foote Park last Sunday afternoon and at that
time noticed that the pool was packed. For future consideration,
the Council may want to consider Olympic -sized swimming pools.
The Parks Board requested that Bobby Rountree, Director of
Parks and Recreation, present a slide presentation of the Parks
and Recreation Department. Mr. Rountree presented a short slide
presentation covering developments of parks and recreation acti-
vities in the City of Baytown over the past 13 years.
Councilwoman Wilbanks mentioned that one of the items
included in the written report is that Council should work with
County officials to determine if a joint venture could be arranged.
Mr. Rountree stated that he felt that the City should request
that the County participate with the City to develop a large park
area. There are several possibilities in the Baytown area for
such a venture.
Councilman Johnson moved to accept the Parks and Recreation
Advisory Board annual report; Councilwoman Caffey seconded the
motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
Consider Naming Four Parks
The Parks and Recreation Advisory Board recommended that the
park currently named Goose Creek Park be renamed W. C. Britton
Park to free the name Goose Creek Park for the park at the corner
of West Texas Avenue and Goose Creek Stream. That park has been
developed and the Board feels that this park will received a
great deal of community participation and because of the loca-
tion, the name Goose Creek Park would be more fitting. The name
W. C. Britton Park is very fitting for the park behind Southwest
Addition because Mr. Britton sold that land to the City at a most
reasonable price. Mr. Britton also gave a tremendous amount of
his time and resources to the community and is certainly the type
individual who should be given this type recognition. At the
dead end of Newcastle Street is a new park which is a neighbor-
hood park; therefore, the Parks Board is recommending that this
park be named Newcastle Park. Located just off Bush Road is park
property which the Park Board is recommending be named Eddie
Huron Park. Mr. Huron has helped almost every civic organization
in the community put on an oyster fry; therefore, the board felt
that it would be fitting to honor Mr. Huron by naming this park
Eddie Huron Park.
Councilwoman Wilbanks moved to accept the recommendations of
the Parks and Recreation Advisory Board, adopting all the names
for parks are presented; Councilman Cannon seconded the motion.
The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
Councilwoman Caffey extended to the Board appreciation of
Council for their efforts on behalf of the community.
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Minutes of the Regular Meeting - June 12, 1980
Consider Authorizing Development of Plans and Specifications
For Improvements to Six Parks
Mr. Rountree presented to Council proposed improvements to
six parks. The Administration and Parks Advisory Board concur
that these improvements should be made. Presently, Newcastle
Street Park is under construction. The Youth Conservation Corps
has been busy installing playground equipment and planting trees.
Later, picnic facilities will be installed. What is being recom-
mended is that a ten -car parking lot be installed on the New-
castle Street side at an estimated cost of $12,700. At the end
of E1 Rancho Drive in Chaparral Subdivision, there is located on
the old Barkaloo landfill a City park. Recently, the area was
cleared by the public works department. The recommendation is to
develop a play area, play pad, picnic area, athletic field and
ten -car parking area at that park at an estimated cost of $42,000.
In the future, the Parks Board will be looking at recommending a
large shelter, possibly a tennis court and jogging trail.
A few weeks ago, Council received a petition from residents
in the vicinity of Central Heights Park requesting an additional
basketball play pad be installed. At one time, children could
play baseball without having to concern themselves with breakage
because there was only open space, but since a church has been
constructed in close proximity to the park, the recommendation is
to remove the backstop and construct a 40' by 60' basketball play
pad which will be greatly utilized. The Parks Board is looking
into the possibility of purchasing property adjacent to this
park. The cost to install the play pad is $5,500.
At Tejas Park, the recommendation is to construct a ten -car
parking lot and service road. The estimated cost is $26,000.
Mr. Rountree mentioned that he felt in the next few years, the
Parks Board will be faced with numerous requests for practice
fields for soccer, Little League baseball, teenage baseball, etc.
The reason being that Loop 201 will be taking the practice fields
now being utilized. This park can be utilized for practice
purposes. At present, there is only an eight -car parking faci-
lity on the Hafer Street side of the park. Therefore, the recom-
mendation is to construct a ten -car parking lot on the Beaumont
Street side to open this area up for more use from the other side
of the park. The Parks Board is recommending for Bayland that
approximately twelve picnic tables and grills be installed.
Because of the natural beauty of the area, this is a spot where
individuals will go to picnic. The cost for this would be
approximately $5,400.
At Roseland Park, something needs to be done about parking.
What is being recommended is that a 45 -space boat and trailer
parking area, service road and hard surface area in front of boat
ramp be constructed. There will be approximately 10,000 square
yards of paved area at an estimated cost of $110,000. At the
present time, the roadway extends all the way down the canal and
on out. The Administration is recommending that the road be
restructured to better facilitate traffic. The total cost of all
these improvements is estimated to be $201,600.
In response to a question from Council, Mr. Rountree explained
that the parking area at Roseland is to be constructed of asphalt.
Council suggested that concrete be bid as an alternate.
The Administration recommended approval to prepare plans and
specifications for this work.
Councilman Cannon moved to approve the plans as submitted;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
Councilman Cannon concurred with what Mr. Gray had said
00612 -6
Minutes of the Regular Meeting - June 12, 1980
regarding Olympic -sized pools and stated that in the future,
Olympic -sized pools should be considered where needed, even if it
meant something had to be cut out.
Ordinance - Renewing Contract with Texas Municipal League
Workers Compensation Joint Insurance Fund
The City has been part of this fund for approximately two
years. The contract expires June 30. The Texas Municipal
League organized the Joint Insurance Fund to provide cities in
the state with the option of being a part of that fund. The
premiums are based on an annual rate set by the State Board of
Insurance and are adjusted according to the City's experience
factor which is .91 and also by the Texas Municipal League modi-
fication factor which is .75. Cost this year is estimated to be
approximately $180,000 for workmen's compensation coverage. The
Administration feels that it is in the City's best interests to
continue the contract with Texas Municipal League; therefore, the
Administration recommended approval of the ordinance.
Councilman Johnson moved for adoption of the ordinance;
Councilman Cannon seconded the motion.
Larry Patterson, in response to a question from Council,
explained that in 1977 the City had very bad experience, but
since that time the experience factor has improved. Since the
City is in a three -year cycle, the City will experience a higher
rate for the next two years, but then the rate should improve.
The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2908
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK
OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN INTERLOCAL
AGREEMENT WITH THE TEXAS MUNICIPAL LEAGUE W0RKMEN'S COMPENSATION
JOINT INSURANCE FUND FOR THE PURPOSE OF PROVIDING WORKMEN'S
COMPENSATION BENEFITS FOR EMPLOYEES OF THE CITY OF BAYTOWN AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Resolution No. 735 - Authorizing the Administration to Make
Application to the Texas Department of Community Affairs
For IPA Grant
The Administration is seeking permission to make application
for an IPA Grant to provide a series of nine different training
seminars which would be offered during the grant year to approxi-
mately 50 mid - management employees of Baytown and surrounding
municipalities. There is no assurance that this application will
be approved because Baytown will be competing for a limited
amount of money. It will be necessary for the City to pay 50% of
the costs or to match $13,713. Some of this money would be
recovered by participation from other cities. The Administration
feels that more training opportunities need to be provided for
the City's management level personnel and the thought is that the
City would save money by holding the seminars locally. There-
fore, the Administration requested approval to submit the application.
Councilman Simmons moved for adoption of the resolution;
Councilwoman Caffey seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
00612 -7
Minutes of the Regular Meeting - June 12, 1980
RESOLUTION NO. 735
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE UNITED
STATES CIVIL SERVICE COMMISSION FOR AN INTERGOVERNMENTAL PER-
SONNEL ACT GRANT IN THE AMOUNT OF THIRTEEN THOUSAND SEVEN HUNDRED
THIRTEEN AND N01100 ($13,713.00) DOLLARS.
Ordinance - Awarding Contract for Community Development Housing
Rehabilitation Project 79- 02 -01- -1111 Beech
Bids have been taken for the rehabilitation of two homes as
part of the Community Development Program. There are funds for
°^ the amount of approximately $130,000 available in the 1979
Community Development Program for this purpose. Four bids were
received to rehabilitate the home at 1111 Beech as follows:
Morgan Construction Company $3,701.00
Eastside Construction Company 4,859.00
Carter Floors 5,085.60
Charles Keen 5,665.00
The low bidder is Morgan Construction Company for $3,701.00. The
Administration recommended acceptance of the low bidder.
Councilman Johnson moved for adoption of the ordinance;
Cuoncilwoman Caffey seconded the motion.
Councilwoman Wilbanks inquired if there would be any mone-
tary advantage to bidding several projects at one time. Jerry
Fletcher, Director of Community Development Program, explained
that the Board felt that in order to maintain proper control over
these projects, no more than two should be bid at one time.
Also, because the companies that bid on these projects are small,
probably the companies would be unable to bid more than two per
bid. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2909
AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVELOPMENT
REHABILITATION PROJECT 79 -02 -01 TO MORGAN CONSTRUCTION COMPANY
FOR THE SUM OF THREE THOUSAND SEVEN HUNDRED ONE AND N01100
($3,701.00) DOLLARS.
Ordinance - Awarding Contract for Community Development Housing
Rehabilitation Project 79- 04- 02 - -1014 North First Street
Four bids were received for the rehabilitation of 1014 north
First Street under the 1979 Community Development Program. The
bid tabulation follows:
Morgan Construction Company $ 5,946.00
Eastside Construction Company 6,865.00
Charles Keen 10,929.00
Carter Floors 13,963.00
The low bidder is Morgan Construction Company for $5,946. The
Administration recommended acceptance of the low bidder.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
00612 -8
Minutes of the Regular Meeting - June 12, 1980
ORDINANCE NO. 2910
AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVELOPMENT
REHABILITATION PROJECT 79 -04 -02 TO MORGAN CONSTRUCTION COMPANY
FOR THE SUM OF FIVE THOUSAND NINE HUNDRED FORTY -SIX AND NO 1100
($5,946.00) DOLLARS.
Ordinance - Awarding Bid,for- InsulRting Municipal Service Center
Roof
Only one bid was received for the amount of $4,029 which is
considerably above the estimate; therefore, the Administration
recommended that this bid be rejected and the Administration be
authorized to readvertise.
Mayor Hutto commented that Council could take no action
which would leave the Administration free to readvertise. Coun-
cil took no action.
Ordinance - Awarding Bid for Purchase of Annual Repair Materials
Contract
This annual contract would be for the purchase of lime,
cement, steel rebar, etc. Traditionally, the City receives only
one bid on this because there is only one supplier in Baytown.
The Administration recommended approval of the bid of White
Supply Company for the amount of $10,080.76. Four companies were
mailed bids, but only one bid was received.
Councilman Johnson moved to adopt the ordinance; Councilman
Simmons seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2911
AN ORDINANCE ACCEPTING THE BID OF WHITE SUPPLY COMPANY FOR THE
PURCHASE OF ESTIMATED QUANTITIES OF REPAIR MATERIALS ON A UNIT
PRICE BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON
THE ACTUAL QUANTITIES SUPPLIED.
See Attachment "A" for tabulation.
Ordinance - Awarding Bid for Annual Premix Rock Asphalt Contract
Three bids were received for the annual premix rock asphalt
contract. The low bid is White's Hines for the amount of $27,750
which is approximately $7,000 above the bid received last year
for the same quantity. The Administration recommended approval
of the low bidder.
Councilwoman Wilbanks moved to adopt the ordinance; Council-
woman Caffey seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2912
AN ORDINANCE ACCEPTING THE BID OF WHITE'S MINES FOR THE PURCHASE
OF AN ESTIMATED QUANTITY OF PREMIX ROCK ASPHALT ON A UNIT PRICE
BASIS, WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE
ACTUAL QUANTITY SUPPLIED.
See Attachment "B" for tabulation.
00612 -9
Minutes of the Regular Meeting - June 12, 1980
Ordinance - Setting a Date, Time and Place for a Public Hearing
on the Proposed Annexation of Certain Property Adjacent and
Along Garth Road, Between Baker Road and Interstate 10
The proposed ordinance sets a public hearing for 7:10 p.m.
on June 26 in the Council Chamber of the Baytown City Hall on the
proposed annexation of certain property adjacent and along Garth
Road, between Baker Road and Interstate 10. The public hearing
will involve the proposed annexation of the San Jacinto Mall, a
tract of land at the northeast corner of Garth and Baker, as well
as a strip 300 feet west of the centerline of Garth Road and
beginning at Lynchburg -Cedar Bayou 300 feet east of the center-
line of Garth all the way to the north side of Interstate 10.
The mall has requested annexation. Foley's is scheduled to open
in October and in order to have that property within the city
limits by October, the annexation process must begin. The reason
that the Administration is recommending that the annexation cross
Interstate 10 is to have city limit signs established in an
attempt to get the State Highway Department to erect signs in
Houston indicating where Baytown is located.
Council cautioned that Council has no desire to establish
speed traps on Interstate 10.
Councilman Cannon inquired the reason that the Administra-
tion is not recommending that the annexation take in the area
next to the proposed annexation to square off the boundary limit
lines. Mr. Lanham responded that the City could annex that area,
but there are a number of homes in that area which would require
water and sewer service. Mr. Lanham stated that this could be
changed as part of the hearing process. Councilman Cannon stated
that the reason for laying oversized lines in that direction was
to encourage development and that he would like the Administration
to study the possibility of annexing that small area. The Adminis-
tration recommended that the public hearing be called for the
June 26 Council meeting with first reading on July 10 and second
and final reading August 14. The Administration recommended
approval of the ordinance calling the hearing.
Councilman Cannon moved to adopt the ordinance; Councilwoman
Wilbanks seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2913
AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING
ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY ADJACENT AND ALONG
GARTH ROAD BETWEEN BAKER ROAD AND INTERSTATE HIGHWAY NO. 10 BY
THE CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE CITY
CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Ordinance - Setting a Date, Time and Place for a Public Hearing
on the Proposed Annexation of Tierra del Oro Subdivision
The proposed ordinance provides for public hearing to be
held on June 26 at 7:00 p.m. on the proposed annexation of
Tierra del Oro Subdivision. Tierra del Oro Subdivision is
located just north of Whispering Pines and contains approximately
21 acres or 30 lots. Mr. O'Brien has constructed facilities
there in accordance with city specifications. The Administration
recommended adoption of the ordinance.
Councilman Johnson moved for the adoption of the ordinance;
Councilwoman Caffey seconded the motion.
In response to a question from Council, Mr. Lanham explained
that the Administration feels that the water system should be
00612 -10
Minutes of the Regular Meeting - June 12, 1980
looped but at this point, it would not be practical for Mr.
O'Brien to accomplish this. However, in the future, the City
will be constructing a line along Raccoon Drive. At that time,
Mr. O'Brien has agreed to construct the line to complete a
looped system.
Mayor Hutto inquired how the City will be assured that this
looped line will be constructed? Mr. Lanham stated that as part
of the platting process, the City could require that whoever owns
the property must dedicate necessary easements to provide a
looped water system. Mr. Lanham stated that the Administration
will check on this prior to the hearing to determine what the
alternatives are. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2914
AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING
ON THE PROPOSED ANNEXATION OF TIERRA DEL ORO SUBDIVISION IN THE
CITY OF BAYTOWN, TEXAS; AUTHORIZING AND DIRECTING THE CITY CLERK
TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Ordinance - Authorizing Lease of City Property on North ;lain
The Administration has been approached by Huggers, Inc.
concerning the possibility of leasing land for parking purposes
on North Main at Sterling. The city has been storing some of the
materials being utilized in the street signalization program at
this location. The city will want to continue to store some
materials there, but will not need to utilize all of the property.
The tax assessor has appraised the land and based on that ap-
praisal, the Administration feels that $.15 per square foot is
reasonable. That is the rate being charged to Rooster's. The
Administration recommended approval with the understanding that
either party can cancel the lease agreement with 30 days notice.
Huggers may lease as much property needed to serve their parking
requirements. Any improvements to the property will be at
Huggers' expense and must be approved by the City.
Councilwoman Caffey moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2915
AN ORDINANCE AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST TO A ONE -YEAR LEASE AGREEMENT FOR CERTAIN
PROPERTY AT NORTH MAIN AND STERLING STREETS ON A MONTH -TO -MONTH
BASIS FOR A MONTHLY RENTAL OF $ .00 DOLLARS.
Resolution No. 736 - Transferring Funds from General Fund
Contingency Account to Various Line Items in General
Fund Budget for Fleet Insurance
Pat Tobin, Director of Finance, has charged the fleet in-
surance costs to the various budget accounts rather than to a
lump sum as done in the past. In the general fund, this repre-
sents a shortage of $3,581. The Administration recommended the
transfer of funds from the Contingency Account to the various
insurance accounts in the general fund.
00612 -11
Minutes of the Regular Meeting - June 12, 1980
Councilwoman Wilbanks moved for the adoption of the resolu-
tion; Councilwoman Caffey seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 736
A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER THREE
THOUSAND FIVE HUNDRED EIGHTY -ONE AND N01100 ($3,581.00) DOLLARS
FROM BUDGET ACCOUNT NO. 0101 -12 -0100, "CONTINGENCIES," TO VARIOUS
INSURANCE ACCOUNTS IN THE GENERAL FUND.
Resolution No. 737 - Transferring Funds from Water and Sewer
Fund Contingency Account to Various Line Items in Water
and Sewer Fund Budget for Fleet Insurance
Air. Tobin has charged the fleet insurance costs to the
various line items in the Water and Sewer Fund budget which
resulted in a shortage of $13,581. The Administration recom-
mended approval of the resolution.
Councilwoman Caffey moved for adoption of the resolution;
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 737
A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER TEN THOU-
SAND TWO HUNDRED SIXTY AND N01100 ($10,260.00) DOLLARS FROM
BUDGET ACCOUNT NO. 1101 -12 -0100, "CONTINGENCIES," TO VARIOUS
INSURANCE ACCOUNTS IN THE WATER FUND.
Resolution No. 738 - Authorizing Application for a Step 3 Grant
for West Sewer District Facilities
Langford Engineering has completed preparation of the neces-
sary documents to apply for Step 3 funding for the West Sewer
District facilities. Step 3 funding is for construction and the
total estimated cost is $7,085,812. That includes the West
District Sewer Treatment Plant, the lift stations, the force main
from the present plant up to the new plant and the effluent line
which will take the effluent from the plant to the San Jacinto
River, as well as repair and renovation of the existing collec-
tion system in the Lakewood area. This does not include the
Brownwood area. There is a study underway to determine the most
feasible method for repairing, renovating or doing whatever is
necessary to provide satisfactory sanitary sewer service to the
Brownwood area. That report is not complete.
Councilwoman Wilbanks inquired if it would be possible after
receipt of the report to add an addendum or addition to request
for funding.
Mr. Lanham explained that he believed the plan is to add an
addendum to Step 2 Grant which is for the preparation of the
plans and specifications. Then on Step 3, the City would submit
a new application.
In response to a question from Mayor Hutto, a representative
with Langford Engineering Company stated that the force main
would be of sufficient size to handle what is being handled now
at the Lakewood Plant.
00612 -12
Minutes of the Regular Meeting - June 12, 1980
Mayor Hutto clarified by stating that once the Brownwood
plant has been rehabilitated and all the effluent from Brownwood,
along with the effluent from Lakewood is being pumped the force
main would be of sufficient size to handle the effluent. Aar.
Streeter stated that this was correct.
Brownwood will only be mentioned in this Step 3 grant to the
extent that the infiltration and flow that is presently being
received from Brownwood is taken into consideration in Step 2
planning that has recently been completed. The State is aware
that the City is conducting a study of the Brownwood system and
the State has agreed that when this study is completed, to go
back and take a look at amending the existing Step 2 grant to
include plans and specifications for Brownwood.
Councilwoman Wilbanks stated that she was very concerned
that the City did not become bogged down on a funding techni-
cality. Therefore, she wanted to be certain that communications
with the State were open during this entire process. Mr.. Streeter
stated that his company has been in contact with the State and
have received more or less a tentative approval to amending the
Step 2 grant. Possibly, once the Step 3 grant has been approved
and construction is underway, the Step 3 grant may be amended.
In response to a question from Council, TAr. Streeter stated
that the Brownwood study should be completed within six weeks.
After the study is presented to the Council, it will be presented
to the State for approval which will take 30 days or more. Once
the State approves the study and amends the City's present Step
2 grant, the consulting engineers will begin plans and specifi-
cations. Therefore, realistically the City may be looking at 4
to 6 months before plans and specifications on Brownwood could be
completed.
Mayor Hutto inquired if the engineers are taking into
account any new development along Bayway Drive which would be
serviced by this system.
Mr. Streeter responded that this consideration was being
made only to the extent of handling whatever capacity is now
available in the collection system along Bayway.
Mayor Hutto expressed concern that the City may be under -
planning.
Mr. Streeter stated that he would have to do some research
before he could answer that question, but under the EPA grant
program, the City cannot provide an excess amount of capacity for
future development. The Mayor inquired if the City could parti-
cipate in excess capacity? Mr. Streeter responded that the City
could participate in an oversized line. Mr. Streeter pointed out
that when the system in Lakewood and hopefully Brownwood is
rehabilitated, there will be opening up at that time capacity
that is now not available in the system. Councilman Cannon
pointed out that a great deal of infiltration will be eliminated,
but Mayor Hutto stated that at the present time, there is no way
to determine what is going directly to the bay.
Jean Shepherd, a citizen of the Brownwood area, expressed
the concern that the lift station may not be of sufficient size
to handle effluent from Brownwood. The residents of the area are
now making a door -to -door study of what is happening in Brownwood
with regard to untreated sewerage. Thus far, the survey indi-
cates that approximately 75% of the residents who have been
surveyed have untreated sewerage running in their yards. The
citizens of the area are concerned that the plans for the West
District are proceeding without Brownwood being included. Airs.
Shepherd stated that in two weeks the study will be completed to
give the engineers an idea of what percentage of the Brownwood
sewerage is actually pumped through the system.
Mr. Lanham stated that the City's share is 25% and based on
this estimated that would equal $1,771,000. Remaining in the
00612 -13
Minutes of the Regular Meeting - June 12, 1980
1970 Bond funds is $600,000 - $700,000; therefore, the City will
need to acquire close to $1,000,000 to complete this project.
There are several alternatives: (1) revenue sharing funds, (2)
issue warrants, or (3) issue bonds. The City is under an en-
forcement order to get that plant operational. There will be
four contracts involved; therefore, the City could get the plant
under construction by utilizing the money on hand since that is
the part that will take the longest. As other phases are imple-
mented, the City would need to determine how to acquire the
necessary funding.
Mr. Tom Pearce, a resident of Brownwood for eleven years,
requested that Council table action on this item until the
residents completed their study.
Council assured ter. Pearce that Council was concerned with
Brownwood and its problems. Council felt that to continue with
plans as described earlier would afford the best possibility to
have Brownwood ultimately included in Step 3 funding.
Councilman Cannon moved to adopt the resolution, authorizing
application for a Step 3 grant for West Sewer District funding;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 738
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHO-
RIZING APPLICATION FOR A STEP 3 GRANT FOR WEST SEWER DISTRICT
FUNDING.
Consider City Participation in Section 1362, Flood Insurance
Program
The Flood Insurance Program provides a Section 1362 which
allows the federal government to acquire insured property which
has been subjected to at least three floodings in a five -year
period, provided the damage exceeds 25% of the value of the
property. This is a volunteer program. The individual, in order
to participate, must be covered by flood insurance. The local
government's responsibility in this program is to take over and
maintain the property in perpetuity as open space. The Adminis-
tration developed costs that the City of Baytown would be expected
to pay with regard to participate in this program. Costs were
developed on the removal of five homes. Estimated demolition
costs for removal of those five homes are $15,200. Legal fees
would be $1,250. These cost figures are based on removal of all
improvements, including removal of the house slabs, if any. The
flood insurance agency representative has indicated that possibly
$1,000,000 could be made available to Baytown for this program
which would involve approximately 20 homes. Based on the esti-
mated costs developed by the Administration, the estimated cost
for removal of twenty homes would be approximately $60,000 -
$65,000. Another thing that needs to be considered is that the
land would be deeded over to the local government and must be
maintained in perpetuity as open space. This could have an
impact on what happens to the surrounding property. The City
would own twenty lots in various parts of Brownwood which must be
kept in a natural state in perpetuity. This could have an effect
on the possible sale of property in Brownwood if several lots
were involved. A prospective buyer would have to work around
those lots deeded by the federal government to the City or
attempt to have the restrictions lifted. Randy Strong, City
Attorney, explained that the federal government does have the
right to restrict land use to open space in perpetuity. Research
to date has shown that cases involving the right of the federal
government to restrict land use have been upheld, but the city
attorney will research the matter further.
00612 -14
Minutes of the Regular Meeting - .June 12, 1980
Councilwoman Caffey stated that this seems to be a means by
which Council could help twenty families. She inquired since
this was a rather involved process, if Council would be inter-
ested in holding a work session with a representative of the
Federal Emergency Management Agency. Mr. Lanham stated that Mr.
Greer with that agency has indicated that he would be willing to
meet with Council in a work session before the next Council
meeting.
Mayor Hutto inquired if Mr. Greer had indicated if the
federal government might be willing to grant a waiver on certain
items that are of concern to Council. Dan Savage, Assistant City
Manager, replied that when he had spoken with Mr. Greer, Mr.
Greer had indicated that the guidelines that had been given to
the Administration were draft guidelines and that certain items
would be negotiable. However, from the federal government's
point of view, one of the items that would not be negotiable
would be the introduction in the future of some improvement that
might pose another flood insurance risk.
Mayor Hutto stated that he could understand that, but by
requiring that the land be kept in its natural state in per-
petuity would eliminate all possibility of collectively disposing
of some or all of the property in Brownwood. Mr. Savage stated
that in the conversations that the Administration has had with
Mr. Greer, he had been very cooperative and willing to work with
the City in any manner possible.
Mayor Hutto also pointed out that the seller should have
some obligation to furnish a valid deed and title to the prop-
erty. This should not be an expense of the City. Mr. Savage
stated that the federal regulations are written so that the
federal government will not be responsible for those items.
There is, by implication, the suggestion that if the seller does
not cover those costs, then the City would be obligated. How-
ever, this would be one of those negotiable points.
Council set the work session for 5:30 p.m. on June 26.
Consider Acceptance of Donation of Land in Linwood Park
This is related somewhat to the previous item in that it is
related to the question of whether the City wants to accept
property for maintenance purposes. Also, there could be restric-
tions imposed that could affect the future disposition of the
property. The owner of fourteen lots in Linwood Park has offered
these to the city for park purposes. This property is really not
suitable for park purposes. There are three lots on one side of
the street and eight on the other side. Also, the city has an
existing park in the close proximity to this proposed park area.
If accepted, the City would be accepting property for the purpose
of providing maintenance. Those lots are being mowed approxi-
mately five times a year and the neighbors would probably expect
that schedule to be maintained. That is more often than the City
MOWS. Another consideration is that there will probably be other
such offers in the future.
Councilman Cannon pointed out that during the period prior
to the bond election to buy Brownwood out, the criticism that he
heard was that citizens did not want to continue the maintenance
involved with Brownwood as a park. If the property provides no
advantage to the city for park purposes, then the city is simply
solving a problem for the property owners. Council took no
action on this item.
Review Plans and Specifications for 1980 Sanitary Sewer
SliDlinina and Authorize Advertisement for Bids
Mr. Lanham stated that what is being proposed is to slipline
700 feet between Bruce and Colby Streets. There would be approxi-
mately 20 taps needed. The estimated cost for this work is
$18,000. There have been a number of cave -ins in this area. The
00612 -15
Minutes of the Regular Meeting - June 12, 1980
Administration recommended approval of plans and specifications
and advertisement for bids.
Councilman Johnson moved to approve the plans and speci-
fications and authorization to advertise for bids; Councilman
Simmons seconded the motion.
In response to a question from Council, Ed Shackelford ex-
plained that according to a sliplining study now in process, only
approximately 5 - 10% of the entire system has been sliplined.
The Step 1 work now in process in the Central and East Districts
will provide more information on the future need for sliplining
and the estimated cost. At that time, the City can make applica-
tion for federal funds and decide where the local share will be
acquired. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
Mayor Hutto stated that he felt the Council would not need
an executive session and inquired if Council would be agreeable
to establishing the terms of the Wrecker Committee as listed in
the preface. Councilman Cannon moved to establish the terms
of the Wrecker Committee as follows: Jack Kimmons, Robert
Walton and Rex Couch for one year, and Bill Blake and V. K. Smith
for two years. Councilwoman Caffey seconded the motion. The
vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
P'' N41-a
Eileen F. Hall, City Clerk
TITLE: ANNUAL REPAIR MATERIALS CONTRACT
B l D� Rns -A� -
DATE �� -2 9 : 30 a . m.
TEMI QTY � DESCRIPTION
Four companies were mailed bids.
GROSS TOTAL
LESS DISC.
NET T�TA L
i r: +1�r;� \�
CITY O F BAYTO �1/N
BID TA BULATI OJV
MITE SUPPL��O
'UNIT EX7EN0l =0 UNIT EXTENDED UNlT
S1t.07 S 431.73
4.53 2,396.37
5.21 1,370.23
3.50 252.00
3.95 67•t5
17.15c 3,430.00
25.76c 2,009.28
3.10 124.Oo
1 day
Sto,o80.7G
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►`iI�7�f��`t�lill
ANNUAL REPAIR MATERIALS CONTRACT
t,
3g
Rolls X15 Felt
2,
529
Sacks Masonry Cement
3,
263
Sacks Portland Cement
4,
72
Sacks Sackrete
5.
17
Sacks Lime
6.
20,000
Feet �" Rebar Steel
7•
7,800
Feet 5/8" Rebar Steel
$,
40
Rolls Tie Wire for Rebar
TOTAL
a�
DELIVERY A.R.O.
c�
+�
�
Prices firm for 90 days
Four companies were mailed bids.
GROSS TOTAL
LESS DISC.
NET T�TA L
i r: +1�r;� \�
CITY O F BAYTO �1/N
BID TA BULATI OJV
MITE SUPPL��O
'UNIT EX7EN0l =0 UNIT EXTENDED UNlT
S1t.07 S 431.73
4.53 2,396.37
5.21 1,370.23
3.50 252.00
3.95 67•t5
17.15c 3,430.00
25.76c 2,009.28
3.10 124.Oo
1 day
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