1980 11 13 CC Minutes01113 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
November 13, 1980
The City Council of the City of Baytown, Texas, met in regular
session on Thursday, November 13, 1980, at 6:30 p.m. in the Council
Chamber of the Baytown City Hall with the following members in atten-
dance:
Fred T. Philips
Jimmy Johnson
Perry M. Simmons
Mary E. Wilbanks
Eileen Caffey
*Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Dan Savage
Randy Strong
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, Mayor Hutto announced a quorum
to be present, and the invocation was offered by Councilman Johnson.
Mayor Hutto called attention to an aerial photograph of a view
of the entire Exxon facility in Baytown, as well as the surrounding
area. This photograph had been presented to the City of Baytown by
Mr. Marshall Sprigg, Manager of the Exxon refinery.
Minutes
Councilman Philips moved to approve the minutes of the regular
meeting held on October 23, 1980. Councilman Johnson seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
Petitions
No petitions had been received other than the petition which
relates to Agenda Item No. 5. Council received a copy of that peti-
tion with the agenda packet.
City Manager's Report
Work on the 1975 Capital Improvements Program is nearing completion.
The staff has been asked to begin work on suggested improvements. The
same form is being utilized that was utilized for the 1975 program.
That form is to be returned to the City Manager by November 19. Coun-
cil will need to determine how to proceed from that point -- perhaps
Council will want to appoint a citizens committee. An important part
of this consideration will be the report from Langford Engineering
regarding the sanitary sewer system improvements involved in the study
being prepared by Langford Engineering. Preliminary figures will be
available by next week although the final report will not be completed.
Councilman Philips requested that the Administration furnish Council
with a copy of the entire document. The Administration will have that
information for Council at the next meeting.
01113 -2
Minutes of the Regular Meeting - November 13, 1980
The Administration has received a letter from Mr. Dell Greer
with the Federal Emergency Management Agency regarding the possible
acquisition of some of the lots in the Brownwood area under Section
1362 of the Flood Insurance Act.
Dan Savage, Assistant City Manager, reported that basically
the statute provided for relief to those properties which has
received interior damage of at least 25% on three different occa-
sions within a five -year period. The statute was constructed mainly
to provide relief in situations of river flooding, not tidal flooding.
Only two homes in the Brownwood area met the criteria. Representa-
tives of the Flood Insurance Administration, as well as the Admin-
istration, feel that there are not enough homes involved that meet
the criteria under Section 1362 to have a program in Baytown. If
there is another significant flooding event, it would be possible
that a number of homes would qualify which would make a program
more feasible. The program is a three -party program -- the federal
government, local government and individual property owners. The
city would be responsible for bearing some or perhaps all the demo-
lition costs and developing land use plans for the facilities after
acquired. The two homes that qualify are located approximately
one - quarter to one -half mile apart. This would mean acquiring two
lots with little or no land use value.
A copy of the third quarter financial report from Teleprompter
was placed at the Council table. There is a proposed merger of
Teleprompter with Westinghouse.
Council expressed the hope that the system would be expanded
to serve more customers in Baytown.
It was reported, in error, at the last Council meeting that
approximately $137,000 revenue sharing payment had been received
which was unappropriated money that could be used to help finance
the city's portion of the West District Sanitary Sewer Improvements.
However, the $137,000 is the final payment on last year's alloca-
tion which had been appropriated.
West Sewer District - Langford Engineering has given the Admin-
istration projections of when the city might expect to be receiving
bids on the West Sewer District Improvements. The improvements will
be constructed under four contracts. The tentative schedule is that
bids on the plant will be opened on January 13, 1981. The construc-
tion time period on the plant is 540 calendar days. Bids on the
other three contracts will then be opened on October 15, 1981, with
a construction timetable of 200 calendar days. One of the three
contracts is for line grouting and manhole repairs. Another contract
would be for sewerage conveyance system and effluent force main.
The last contract would be a rehabilitation of the collection system
which would involve line replacement, sliplining and point repair.
On the plant construction, the city's share will be approxi-
mately $850,000. There is between $600- 700,000 remaining in the
bond fund and the Administration had recommended that a large
portion of the revenue sharing allocation would go to supplement
the bond fund to produce the required local match. A decision
would need to be made on the funding for the remaining three con-
tracts. The city's share for the three contracts would be approxi-
$800,000. This does not include Brownwood. Langford Engineering
has prepared a preliminary report on Brownwood for Council review.
Council scheduled a work session for November 24 at 5:30 p.m. to
review this preliminary report, with the regular meeting to follow
at 6:30 p.m. Councilman Philips stated that he was interested in
getting enough information to avoid experimentation. He felt that
the City needed to get the most tried and perfected design possible,
including taking advantage of experience that any other communities
had in this regard.
01113 -3
Minutes of the Regular Meeting - November 13, 1980
Mr. Lanham responded that the engineers had considered various
plans which would be reported to Council at the work session.
One of the recommendations of the Drainage Study Committee was
that a systematic inspection and maintenance program for all flood
water facilities be established. Mr. Dykes has prepared such a main-
tenance policy and schedule. What Mr. Dykes is proposing is to per-
form a complete inspection of the city's drainage system between
November 1 and April 1 of each year prior to heavy rains. The city
has been divided into eight areas for street maintenance and those
same areas will be assigned for a specific time period to be inspected.
City crews will have an inspection report to be completed as inspection
is made on each street. Inlets will be inspected to determine if
stoppage exist. If a problem is detected, a work order will be issued
for a crew to remedy in their normal work routine. This will produce
a complete inspection each year of the entire city. In addition to
this, the engineering /public works department will perform the normal
inspections which are performed during rains to alleviate stoppages.
All new systems are inspected now and will continue to be inspected
to insure proper installation.
Councilman Philips requested that the Administration develop a
report each year on the completed inspection as a highlight to the
City Council so that Council is aware that this is being done on an
annual basis.
With respect to the city's drainage program, the larger inlets
and outfall pipe that was being constructed at Dwinnell and Colby
has been completed. The work on Griffin between Neal and Dailey
has been completed. There is only one project from the 1979 list
that has not been completed and because of alteration that the gas
company is making, this project will be completed later.
On the 1980 drainage program, the city crews have completed
the work along the railroad ditch in Oak Addition; on Wood Street
at Bayway Drive and the cleaning of the outfall ditch behind the
homes on Ashby is 95% complete. City forces are being used to
work the 1975 bond program project on East Ward and Kilgore. The
material is on site, the work has begun, and the job is approximately
5% complete.
Harris County Flood Control District continues to work in this
area on the ditch north of Interstate 10. Flood control district
crews have completed the first phase of construction of a ditch
north of Massey Tompkins between North Main and Barkuloo. The
second phase of that project includes the ditch that runs toward
Barkuloo that will serve the new school and that general area.
The second phase should begin soon.
Council inquired if the Administration has received any noti-
fication when the flood control district might be doing some additional
work from Country Club on down Goose Creek Stream. Mr. Dykes responded
that the county has indicated that that portion would be considered
after the project on the northern portion of the stream is complete.
Council requested that the Administration be in contact with the
flood control district concerning the area to the south. Mr. Dykes
responded that the county had indicated that they are aware of the
problem and will get to that problem as soon as possible.
Final agreements are being made with the various pipeline companies
on the super ditch. The city should be in position to begin acquiring
right of way within the near future.
The contractor on Park Street has completed the work with the
exception of final cleanup.
01113 -4
Minutes of the Regular Meeting - November 13, 1980
The East District Sewer Line contractor continues to make very
good progress. Work on the eight inch line along Raccoon south of
Knight Lane has been completed. The work along Raccoon from Cary's
Bayou to Knight Lane has been completed and east along Knight Lane.
The line has been installed along Savell Drive and arrangements have
been made for pavement repair. All of the 24 inch gravity flow line
along Cary's Bayou from Raccoon west to Hardin Road and along Hardin
Road to the west line of Cedar Bayou Road and then west to the rail-
road and on west of the railroad about 300 feet over to Chaparral
Village area has been completed. About 1,000 feet of the 15 inch
line on Baker Road has been installed and 800 feet of line on Hardin
Road. The 24 inch force main has been laid from Stephen F. Austin
Elementary to Highway 146 and along Highway 146 to Ferry Road.
The contractor on Cedar Street has only minor cleanup to perform
and that contract will be completed. The street is open to traffic.
Regarding city personnel, sick leave usage for the first three
quarters of 1980 compared to the first three quarters of 1979 has
reduced from 3.2% to 2.5 %. Council commended the Administration for
this improvement. Another indication of the quality personnel, both
supervisory and non - supervisory of the City of Baytown, is that the
United Way contributions have increased by 26.50.
Harris County Mayors and Councilmen's Association meeting is
scheduled for next Thursday night. Council will be contacted in
that regard.
Questions and Comments Regarding City Manager's Report
In response to an inquiry from Council, Mr. Savage explained
that the problem with gas leaks in the Archia Courts had been
resolved.
With regard to the 2% franchise tax listed on the telephone
bill, the company is required by the Public Utilities Commission to
list that fee separately. This has been part of the telephone bill
for many years and is a street use charge for using the public streets
for bole lines. Councilman Cannon stated that at budget time, Council
needs to consider removing the franchise tax, but at the same time
needs to consider from where those funds will be derived.
Councilman Cannon had received a copy of a petition that had
been presented to him concerning an eating establishment at Willow
and West Main that has a lighted sign on the curb line which is
presenting a traffic hazard. The Administration was asked to check
this situation out and have the sign removed if possible.
Councilman Cannon asked that the intersection at Tompkins and
Highway 146 be considered for signalization.
Councilman Cannon also requested that the Administration check
on the signalization of the railroad crossing at East Fayle, and he
inquired concerning the status of the signalization of the crossing
on North Main. Bill Cornelius, Director of Planning and Traffic,
reported that the highway department will be obtaining the control
equipment soon for North Main, but he was unaware of the status of
the city's request for signalization on Fayle Street. Council
requested that the Administration check on the status of Fayle Street
signalization.
Council also mentioned that a section of curb has been broken
away on the newly paved portion of Park Street and asked that the
Administration check to determine that that street was constructed
according to specifications. Since the time for expiration of certain
industrial district contracts is nearing, the Administration needs to
be working toward modifications.
01113 -5
Minutes of the Regular Meeting - November 13, 1980
Councilman Johnson recognized students from the government class
at Robert E. Lee High School.
With regard to railroad crossings, the Administration has been
in contact with the railroad companies concerning the condition of
some of the crossings in the city. Missouri Pacific has stated that
within the very near future work will be performed in the area of
Cedar Street and in Oak Addition.
The Kings Bend Civic Association, with regard to the flashing
signal at Tompkins and Highway 146, desires a signal control device,
but questions whether that device should be at that particular loca-
tion or down the street at the intersection of Massey Tompkins Road
with Highway 146. The Administration was requested to be in touch
with the highway department in this regard.
Mayor Hutto mentioned the fact that the service at the main post
office has become increasing inefficient and requested Council support
in instructing the Administration to prepare a resolution setting
forth some of the existing problems. Not only are there problems
with having to wait in long lines for service, but security is lax
and mail pickup service is at a minimum schedule. Council requested
that the resolution be drafted, directed to the proper person and
that a copy be forwarded to Representative Fields and Senators Bentsen
and Tower.
Consent Agenda
Council removed Item Nos. f, g, i and r from the Consent Agenda
for discussion as follows:
Consider Proposed Ordinance, awarding bid for purchase of fire
hose.
Councilman Philips questioned the fact that the purchase amount
had been increased. Mr. Lanham explained that the reason the
Administration had specified 1500 feet was due to cost estimates
that had been received. Last year no fire hose was replaced and
some should be replaced each year. With that in mind, the Admin-
istration felt that more hose could be purchased this year to
offset the fact none was replaced last year and the fact that
next year the cost could be far greater.
Councilman Philips suggested that the Administration needs to
derive a formula to replace fire hose and since this amount is
budgeted, he felt that the item should remain on the consent
agenda.
Consider Proposed Ordinance, awarding bid for purchase of conflict
monitors.
Council needed clarification of what conflict monitors are. Mr.
Lanham explained that conflict monitors are used in traffic con-
trol to eliminate the situation of two green lights at one
location. With the conflict monitors, when this situation occurs,
the lights go to flashing. The Administration feels that the
city needs to work toward having conflict monitors on every
traffic signal.
Consider Proposed Ordinance, establishing right of way designa-
tion on Garth Road.
Councilman Cannon felt that until the construction is complete
on Garth Road, the four -way stop at Garth and Lynchburg Cedar
Bayou Road should remain. Bill Cornelius, Director of Traffic
and Planning, stated that this was the intent. The Traffic
Commission had acted with the understanding that none of these
would go into effect until construction is complete.
01113 -6
Minutes of the Regular Meeting - November 13, 1980
Randy Strong, City Attorney, felt that if the signs are to
remain, then Council should take no action. Mr. Strong
pointed out that the county had placed the stop signs at
that location; therefore, he would need to research the
matter to determine if Council could adopt the ordinance,
but not remove the signs.
Consider Proposed Ordinance, awarding contract for rehabili-
tation of structure at 304 East James.
In response to Council's inquiry, Bill Cornelius explained
that there were funds allocated within the Community Develop-
ment Program to perform rehabilitation throughout the city.
After discussion of the individual items, the consent agenda was
considered as set forth in the agenda packet as follows:
Consider Proposed Ordinance, awarding annual brass fittings
contract.
On October 22, 1980, four bids were received for the purchase
of the city's estimated annual supply of brass fittings. The
low bid was submitted by Utility Supply Company of Houston at
a total cost of $17,550.41. This represents a 9.9% increase
over 1979 bid prices. Proposed Ordinance No. 01113 -1 awards
the annual brass fittings contract to Utility Supply Company.
The Administration recommended approval of the proposed
ordinance.
Consider Proposed Ordinance, awarding annual repair clamp
contract.
On October 22, 1980, four bids were received for the purchase
of the estimated annual supply of repair clamps. The low bid
was submitted by Rohan Company of Houston at a total cost of
$12,208.81. This represents an increase of less than 1% over
the 1979 bid. Proposed Ordinance No. 01113 -2 awards the
annual repair clamp contract to the Rohan Company. The
Administration recommended approval of the proposed ordinance.
Consider Proposed Ordinance, awarding annual cast iron castings
contract.
On October 28, 1980, three bids were received for the purchase
of the city's estimated annual supply of cast iron castings.
White Supply Company submitted the low bid, but it was incom-
plete. Utility Supply Company of Houston submitted the low
bid on all items requested, at a total cost of $7,835.00.
This represents an 11.2% decrease over the 1979 prices.
Proposed Ordinance No. 01113 -3 awards the contract for the
estimated annual supply of cast iron castings to Utility
Supply Company. The Administration recommended approval of
the ordinance.
Consider Proposed Ordinance, awarding annual asbestos cement
pipe contract.
On October 28, 1980, two bids were received for the purchase
of the estimated annual supply of asbestos cement pipe.
Utility Supply Company submitted a low bid, meeting specifi-
cations at a total cost of $11,129.50. This represents a
10.2% decrease over 1979 prices. Proposed Ordinance No.
01113 -4 awards the annual asbestos cement pipe contract to
Utility Supply Company of Houston. The Administration recom-
mended approval of the ordinance.
01113 -7
Minutes of the Regular Meeting - November 13, 1980
Consider Proposed Ordinance, awarding annual meter box contract.
On October 28, 1980, two bids were received for the purchase of
the city's estimated annual supply of meter boxes. Utility Supply
Company of Houston submitted the low bid at a total cost of
$3,403.75. This represents a 20% decrease over 1979 prices.
Proposed Ordinance No. 01113 -5 awards the contract for estimated
annual supply of meter boxes to Utility Supply Company.
Consider Proposed Ordinance, awarding bid for purchase of fire
hose.
On October 22, 1980, seven bids were received for the purchase
of replacement fire hose. Industrial Fire Equipment Company
submitted a low bid on Item No. 1, the 1A" hose, at a unit cost
of $1.16 per foot. Fire Protection Service Company submitted the
low bid of $1.70 per foot for the 2#" hose. Bids were requested
on the purchase of 1500 feet for each size of hose. Because the
bid prices is considerably below the estimated cost, the Admin-
istration recommended that an additional 350 feet of each size
hose be purchased. Proposed Ordinance No. 01113 -6 awards the
bid for the purchase of 1850 feet of 1A" hose to Industrial Fire
Equipment Company at a total cost of $3,146.00 and the purchase
of 1850 feet of 2j" hose for Fire Protection Service Company at
a total cost of $3,145.00. The Administration recommended approval
of the proposed ordinance.
Consider Proposed Ordinance, awarding bid for purchase of conflict
monitors.
On November 6, 1980, three bids were received for the purchase of
traffic signal conflict monitors. G &M Sales Company, Inc. of
Roundrock, Texas, submitted the low bid at a total cost for the
22 conflict monitors of $8,555.36. Proposed Ordinance No. 01113 -7
awards the bid for the purchase of conflict monitors to G &M Sales
Company, Inc. The Administration recommended approval of the
proposed ordinance.
Tabulation for each of the preceding items is attached to the
minutes marked Attachment Nos. A, B,.C, D, E, F and G respectively.
Consider Proposed Ordinance, authorizing signalization of Garth
Road and the I -10 feeder roads.
At its October 27, 1980 meeting, the Traffic Commission approved
a recommendation to authorize signalization of Garth Road at the
intersection of the two feeder roads on Interstate 10. Proposed
Ordinance No. 01113 -8 approves this recommendation. The Admin-
istration recommended approval of the proposed ordinance.
Consider Proposed Ordinance, establishing right of way designation
on Garth Road.
At its October 27, 1980 meeting, the Traffic Commission approved a
recommendation to remove the stop sign presently authorized for
Garth Road at the Lynchburg Cedar Bayou Road, South Road, North
- Road, Archer Road, Hunt Road and Sharon Road where these streets
intersect with Garth Road. -Proposed Ordinance No. 01113 -9,
makes these recommended changes. The Administration recommended
approval of the proposed ordinance. (See that item as discussed
above.)
Consider Proposed Ordinance, establishing a loading zone on the
southwest corner of South Ashbel and West Texas Avenue.
At its October 27, 1980 meeting, the Traffic Commission approved
a recommendation which would abolish the loading zone currently
authorized for the southeast corner of South Ashbel and West Texas
01113 -8
Minutes of the Regular Meeting - November 13, 1980
and establish a loading zone on the southwest corner of South
Ashbel and West Texas, 50 feet from the intersection for a
distance of 40 feet south. Proposed Ordinance No. 01113 -10
establishes this loading zone. The Administration recommended
approval of the proposed ordinance.
Consider Proposed Ordinance, establishing yield intersections
on 'lest Lobit Avenue.
At its October 27, 1980 meeting, the Traffic Commission approved
a recommendation which would establish a yield sign at the inter-
sections of North Ashbel and North Gaillard at West Lobit Avenue.
Proposed Ordinance No. 01113 -11 establishes the recommended yield
intersections. The Administration recommended approval of the
proposed ordinance.
Consider Proposed Ordinance, removing the one -way restrictions
on Magnolia Street.
At its October 27, 1980 meeting, the Traffic Commission approved
a recommendation to remove the one -way restriction on Magnolia
Street between Market and Cedar Streets to establish a stop sign
on Magnolia at Market Street. Proposed Ordinance No. 01113 -13
approves this recommendation. The Administration recommended
approval of the proposed ordinance.
Consider Proposed Ordinance, amending Section Nos. 12 -48 and 27 -18
of the Code of Ordinances to require 15 copies of proposed develop-
ments be filed at appropriate times.
Proposed Ordinance No. 01113 -13 amends the Subdivision Ordinance,
by requiring that the number of copies of the proposed development
plan shall be increased from 6 to 15 copies for the preliminary
and final review. This change will enable all Planning Commission
members to have copies of proposed developments for their review
prior to Planning Commission meetings. The Administration recom-
mended approval of the proposed ordinance.
Consider Proposed Resolution, appropriating funds for Demolition
of Structures from Unappropriated Surplus of Revenue Sharing Funds.
Federal Revenue Sharing Funds for the 1981 Entitlement Period have
not been appropriated by Congress. The city's 1981 Revenue Sharing
Budget included $45,000 for continuation of the Urban Rehabilitation
Program, it will be necessary to appropriate additional funds.
Proposed Resolution No. 752 transfers $12,000 from the Unappropriated
Surplus of Revenue Sharing Funds to the 1980 Revenue Sharing Account
for the demolition of structures. The Administration recommended
approval of the proposed resolution.
Consider Proposed Ordinance, awarding demolition contract for
structure at 1221 Johnston.
On October 28, 1980, bids were received for the demolition of
a two story apartment house at 1221 Johnston Street. A tabu-
lation of these bids is attached to the minutes as Attachment H.
Martin and Sons submitted the low bid at a total cost of $5,913
for the demolition of this building. The Administration recom-
mended approval of the proposed ordinance, in concurrence with
the Urban Rehabilitation Standards Board recommendation. This
building is being demolished because it was heavily damaged by
fire.
Consider Proposed Ordinance, awarding contract for rehabilitation
of structure at 501 Live Oak.
On November 4, 1980, bids were received for the rehabilitation
of the residence at 501 Live Oak under the Community Development
Housing Rehabilitation Program. Eddie Marroquin submitted the
01113 -9
Minutes of the Regular Meeting - November 13, 1980
low bid at a total cost of $7,395 for this project. Proposed
Ordinance No. 01113 -15 awards the bid for the rehabilitation
of the house at 501 Live Oak to Eddie Marroquin. The Admin-
istration recommended approval of the proposed ordinance.
Consider Proposed Ordinance, awarding contract for rehabili-
tation of structure at 1207 Carver.
On November 4, 1980, two bids were received for the rehabili-
tation of the residence at 1207 Carver Street under the Commu-
nity Development Housing Rehabilitation Program. Eddie Marroquin
submitted the low bid at a total cost of $5,970. Proposed Ordi-
nance No. 01113 -16 awards the contract for the rehabilitation
of the house at 1207 Carver to Eddie Marroquin. The Adminis-
tration recommended approval of the proposed ordinance.
Consider Proposed Ordinance, awarding contract for rehabilitation
of structure at 304 East James.
On November 4, 1980, two bids were received for the rehabilitation
of a house at 304 East James Street under the Community Development
Housing and Rehabilitation Program. Alfred Ford submitted a low
bid at a total cost of $8,000. Proposed Ordinance No. 01113 -17
awards the contract for this project to Alfred Ford. The Admin-
istration recommended approval of the ordinance. A tabulation
of the three Community Development rehabilitation projects is
attached to the minutes as Attachment I.
Councilman Cannon moved for approval of Consent Agenda Item Nos.
a through r with the exception of Item No. i; Councilman Johnson sec-
onded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3005
AN ORDINANCE ACCEPTING THE BID OF UTILITY SUPPLY COMPANY
FOR THE PURCHASE OF BRASS FITTINGS AND AUTHORIZING THE
PAYMENT BY THE CITY OF THE SUM OF SEVENTEEN THOUSAND
FIVE HUNDRED FIFTY AND 41/100 ($17,550.41) DOLLARS.
ORDINANCE NO. 3006
AN ORDINANCE ACCEPTING THE BID OF THE ROHAN COMPANY FOR
THE PURCHASE OF REPAIR CLAMPS AND AUTHORIZING THE
PAYMENT BY THE CITY OF THE SUM OF TWELVE THOUSAND TWO
HUNDRED EIGHT AND 81/100 ($12,208.81) DOLLARS.
ORDINANCE NO. 3007
AN ORDINANCE ACCEPTING THE BID OF UTILITY SUPPLY COMPANY
FOR THE PURCHASE OF CAST IRON CASTINGS AND AUTHORIZING
THE PAYMENT BY THE CITY OF THE SUM OF SEVEN THOUSAND
EIGHT HUNDRED THIRTY -FIVE AND N01100 ($7,835.00) DOLLARS.
ORDINANCE NO. 3008
AN ORDINANCE ACCEPTING THE BID OF UTILITY SUPPLY COMPANY
FOR THE PURCHASE OF ASBESTOS CEMENT PIPE AND AUTHORIZING
THE PAYMENT BY THE CITY OF THE SUM OF ELEVEN THOUSAND
ONE HUNDRED TWENTY -NINE AND 50/100 ($11,129.50) DOLLARS.
01113 -10
Minutes of the Regular Meeting - November 13, 1980
ORDINANCE NO. 3009
AN ORDINANCE ACCEPTING THE BID OF UTILITY SUPPLY COMPANY
FOR THE PURCHASE OF METER BOXES AND AUTHORIZING THE
PAYMENT BY THE CITY OF THE SUM OF THREE THOUSAND FOUR
HUNDRED THREE AND 75/100 ($3,403.75) DOLLARS.
ORDINANCE NO. 3010
AN ORDINANCE ACCEPTING THE BID OF FIRE PROTECTION SERVICE
COMPANY AND INDUSTRIAL FIRE EQUIPMENT FOR THE PURCHASE OF
ESTIMATED QUANTITIES OF FIRE ROSE ON A UNIT PRICE BASIS,
WITH THE COMPENSATION TO BE PAID TO BE BASED UPON THE
ACTUAL QUANTITIES SUPPLIED.
ORDINANCE NO. 3011
AN ORDINANCE ACCEPTING THE BID OF G & M SALES COMPANY, INC.,
FOR THE PURCHASE OF CONFLICT MONITORS, AND AUTHORIZING THE
PAYMENT BY THE CITY OF THE SUM OF EIGHT THOUSAND FIVE
HUNDRED FIFTY FIVE & 36/100 ($8,555.36) DOLLARS.
ORDINANCE NO. 3012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTIORIZING THE INSTALLATION OF TRAFFIC CONTROL SIGNALS
ON GARTH ROAD AT I -10 AND THE TWO FEEDER ROADS; PRESCRIBING
A MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
ORDINANCE NO. 3013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE ABOLISHMENT OF A CERTAIN PORTION
OF S. ASHBEL AND WEST TEXAS AVENUE AS A LOADING ZONE;
AND APPROVING THE DESIGNATION OF A CERTAIN PORTION OF
S. ASHBEL AND WEST TEXAS AS A LOADING ZONE; DIRECTING
THE DIRECTOR OF PLANNING AND TRAFFIC TO POST THE PROPER
SIGNS; PROVIDING FOR A MAXIMUM PENALTY OF TWO HUNDRED
($200.00) DOLLARS FOR THE VIOLATION HEREOF; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
ORDINANCE NO. 3014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, PROVIDING FOR THE POSTING OF YIELD SIGNS AT VAR-
IOUS INTERSECTIONS OF WEST LOBIT AVENUE; PRESCRIBING A
MAXIMUM PENALTY OF TWO HUNDRED AND N01100 ($200.00)
DOLLARS FOR THE VIOLATION THEREOF; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE HEREOF.
ORDINANCE NO. 3015
AN ORDINANCE PROVIDING FOR THE REMOVAL OF ONE -WAY
RESTRICTION ON MAGNOLIA STREET; PROVIDING FOR THE
POSTING OF A STOP SIGN AT MAGNOLIA AT MARKET; PROVIDING
FOR A MAXIMUM PENALTY OF TWO IiUNDRED & N01100 ($200.00)
DOLLARS; PROVIDING A REPEALING CLAUSE, CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
ORDINANCE NO. 3016
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 27, "SUBDIVISIONS," TO PROVIDE
FOR THE NUMBER OF COPIES REQUIRED FOR FILING OF PROPOSED
DEVELOPMENTS, REPEALING CONFLICTING ORDINANCES, CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
01113 -11
Minutes of the Regular Meeting - November 13, 1980
RESOLUTION NO. 752
A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER
TWELVE THOUSAND & N01100 ($12,000.00) DOLLARS FROM
REVENUE SHARING ACCOUNT NO. 04- 099 - 000000, "UNAPPROPRIATED
SURPLUS" ACCOUNT TO REVENUE SHARING ACCOUNT NO. 4179 -20 -0601,
"DEMOLITION OF STRUCTURES."
ORDINANCE NO. 3017
AN ORDINANCE ACCEPTING THE BID OF MARTIN & SONS FOR THE
DEMOLITION OF THE STRUCTURE AT 1221 JOHNSTON STREET;
AUTHORIZING EXECUTION OF A CONTRACT FOR FIVE THOUSAND
NINE HUNDRED THIRTEEN & NO 1100 ($5,913.00) DOLLARS;
MAKING VARIOUS FINDS AND PROVISIONS RELATED TO THE
SUBJECT.
ORDINANCE NO. 3018
AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVELOP-
MENT REHABILITATION PROJECT NO. 79 -04 -12 TO EDDIE MARROQUIN
FOR THE SUM OF SEVEN THOUSAND THREE HUNDRED NINETY FIVE &
N01100 ($7,395.00) DOLLARS.
ORDINANCE NO. 3019
AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVELOP-
MENT REHABILITATION PROJECT NO. 79 -04 -13 TO EDDIE MARROQUIN
FOR THE SUM OF FIVE THOUSAND NINE HUNDRED SEVENTY & N01100
($5,970.00) DOLLARS.
ORDINANCE NO. 3020
AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVELOP-
MENT REHABILITATION PROJECT NO. 79 -04 -11 TO ALFRED FORD FOR
THE SUM OF EIGHT THOUSAND & N01100 ($8,000.00) DOLLARS.
Consider Proposed Ordinance, Amending Section 18 -4 of the Code of
Ordinances to Provide a Minimum Fine for Violation of Handicapped
Parking Zones
Councilwoman Caffey moved for the adoption of the ordinance with
a $25.00 minimum fine; Councilman Cannon seconded the motion.
In the discussion concerning this motion, Council covered many
possibilities:
(1) Number of handicapped parking spaces that should be available;
(2) Standarized signs - who should be responsible to insure that
those signs are posted and where the signs could be obtained;
(3) Whether the wording $25.00 minimum fine should be included on
the sign.
Council concluded that not all the problems associated with this
particular ordinance could be answered immediately, but an ordinance
which would establish a standard sign at elevation so that an individual
behind the wheel of a vehicle approaching that sign would be well aware
of the sign would be a good beginning. If that requires amendment of
the building code to bring that section into compliance, the building
code should be amended accordingly. After the ordinance is established
designating a standard sign at a given elevation, Council can address
the problem of number of parking spaces later. A majority of Council
concurred that it would not be necessary to have the minimum fine for
violation stated on the sign.
01113 -12
Minutes of the Regular Meeting - November 13, 1980
Councilwoman Caffey withdrew the motion and Councilman Cannon
withdrew the second on condition that the ordinance would be con-
sidered at the next Council meeting.
Mrs. Jean Artlip stated that perhaps as an adjunct to the
proposed ordinance, Council would want to consider requiring that
buildings constructed prior to 1976 provide handicapped parking.
The City Attorney will check this possibility. In response to a
question by Mrs. Artlip, the Mayor stated that any person who knows
of a business constructed after 1976 that is in non - compliance with
the handicapped provisions should notify either the City ;tanager or
the Assistant City Manager.
Mayor Hutto called a recess.
Consider Request that the City Advertise for Bids for Gasoline and
Diesel Fuel
Mr. Dennis Trigg has requested that the Administration advertise
for bids for the purchase of gasoline and diesel fuel. It has been
the policy of the city to take annual bids on purchases such as gaso-
line and diesel; however, according to the allocation formula estab-
lished by the Department of Energy, the City of Baytown is entitled
to a certain allocation from its present supplier, which that supplier
is required to supply or some percentage of it as determined by the
Department of Energy. The city cannot require any other supplier to
supply the city with gasoline should we advertise for bids and a
different supplier were to receive the bid. There is a procedure
whereby one supplier can transfer his allocation to another supplier
by signing a three -party agreement. This is strictly voluntary on
the part of the supplier and the supplier cannot be forced to sign
the agreement. There is no motivation for the supplier to volun-
tarily transfer the allocation because under the present Department
of Energy regulations, the city's supplier could sell to other
customers whatever portion of the city's allocation not used. Depart-
ment of Energy regulations also allow any supplier to pass through
any increase in their fuel cost to customers. Therefore, because
the Department of Energy has limited both the city's ability to
change suppliers and the city's ability to require firm prices and
because it is important that the city be assured of a dependable
source of fuel, the City Attorney felt that the city would not be
required to take bids for gasoline and diesel.
The city is paying $1.01 per gallon for regular gasoline and
$1.04 for premium and unleaded. Diesel is $.862 per gallon. The
Administration checked with cities in the surrounding area and none
are advertising to receive bids for gasoline or diesel. Council
took no action.
Consider Proposed Ordinance, Amending Chapter 27, "Subdivisions,"
to Provide Certain Drainage Controls
The next three items relate to recommendation of the Drainage
Study Committee. The Drainage Study Committee did meet in accordance
with Council's request. Councilwoman Wilbanks chaired that meeting
and reported that the committee had drafted a memorandum to Council
recommending that no exception to the drainage ordinances be allowed
until such time that a study is completed showing the relationship
between development which drains directly into Cedar Bayou and the
carrying capacity of Cedar Bayou. The committee felt that Cedar
Bayou should be included in the drainage requirements until such time
that questions such as does the city control enough of the area to
effectively control flow and if so, does the flow into Cedar Bayou
need to be regulated?
01113 -13
Minutes of the Regular Meeting - November 13, 1980
In the proposed ordinance, the drainage committee under Section
27- 72(b)(6) added the wording, "(as defined by Harris County Flood
Control District)."
In response to a question from Council, Mr. Strong explained
that the ordinance would apply to all commercial establishments; how-
ever, industrial establishments probably would be covered under indus-
trial district agreements. Mr. Lanham stated that this is something
that could be considered when renegotiation of industrial districts
are in process.
In response to a question from Mayor Hutto, Norman Dykes, City
Engineer, explained that in order to comply with the ordinance, the
developer will need to calculate the amount of runoff from his undevel-
oped property during the 100 -year flood event for a 24 -hour period
rainfall. Then he will have to make those same calculations as though
the property were fully developed. Councilman Philips pointed out that
a good case in point would be the very large development of the San
Jacinto Mall.
Councilwoman Wilbanks explained that the committee in an effort
to allow the developer to work with more ease felt that the city should
require the same thing that Harris County requires with regard to the
100 -year flood event.
Mr. Jim Greene with the Harris County Flood Control District was
forwarded a report of the Baytown Drainage Study Committee and stated
that the report seemed to present reasonable requirements for platting
new development and encouraged the adoption of the section which
requires a review of the plans by the county. The county is now
preparing guidelines for drainage of new development which is to be
evaluated by Commissioner's Court in the near future.
Mr. Dykes reviewed the various provisions of the ordinance with
Council which implements many of the recommendations of the Drainage
Study Committee. The Administration recommended approval of the
ordinance.
Councilman Philips moved for adoption of the ordinance; Council-
woman Caffey seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3021
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 27, "SUBDIVISIONS," TO PROVIDE
FOR REVIEW OF ENGINEERING REPORTS AND PLATS BY HARRIS
COUNTY FLOOD CONTROL DISTRICT; ALLOWING A VARIANCE FROM
DRAINAGE REQUIREMENTS FOR SMALL SUBDIVISIONS; PERMITTING
THE USE OF OPEN DITCHES; ESTABLISHING DESIGN GOALS FOR
DRAINAGE IMPROVEMENTS; REPEALING CONFLICTING ORDINANCES;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Council commended the Baytown Drainage Study Committee for their
efforts. Councilwoman Wilbanks stated that the committee worked very
diligently and felt that good progress is being made in the area of
drainage. The committee presumes that it is now defunct unless advised
differently by Council.
01113 -14
Minutes of the Regular Meeting - November 13, 1980
Consider Proposed Ordinance, Amending Chapter 7, "Buildings," Section
7 -5.1, "Minimum Property Standards for One and Two Living Units- -
Amendments," By Adopting a Minimum Height for Slabs
The next two ordinances also relate to recommendations of the
Drainage Study Committee having to do with slab heights for residen-
tial and commercial establishments. Amendment of the Minimum Property
Standards for one and two living units deals with slab heights for
residential property. In the past some flooding of homes has occurred
due to the fact that those homes were constructed on the ground in low
areas, whereas if those homes had been built up some, the homes would
not have flooded. The ordinance establishes that the top of the slab
shall be at least 8 inches above finished grade and at least 18 inches
above the higher of the top of curb or the crown of the street the
structure faces. There is a provision to cover the situation where
the natural ground level is lower than the level of the street, the
top of slab shall only be required to be 18 inches above the natural
ground level.
Councilman Philips pointed out that perhaps the wording for the
second sentence in Section 808 - 5.3(2) should read "If natural ground
level is lower than the level of the street, the top of slab shall be
required to be a minimum of 18 inches above the natural ground level.
The Administration recommended approval of the ordinance.
Councilman Johnson moved for adoption of the ordinance; Council-
man Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3022
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CIiAPTER 7, "BUILDINGS," SECTION 7 -5.1, "MINIMUM PROPERTY
STANDARDS FOR ONE AND TWO LIVING UNITS -- AMENDMENTS ", BY ADOPTING
A MINIMUM HEIGHT FOR SLABS; PROVIDING A REPEALING CLAUSE; CON-
TAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Consider Proposed Ordinance, Amending Chapter 7, "Buildings," Section
7 -4.1, Building Code -- Amendments, By Adopting a Minimum Height for
Slabs
This ordinance provides the same requirements for commercial
property as the ordinance just adopted for residential property; there-
fore, the wording, "a minimum of," should be added in the second sen-
tence. The Administration recommended approval of the ordinance;
Councilman Johnson moved to adopt the ordinance; Councilwoman
Caffey seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 7, "BUILDINGS ", SECTION 7 -4.1, BUILDING CODE- -
AMENDMENTS, BY ADOPTING A MINIMUM HEIGHT FOR SLABS; PROVIDING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
01113 -15
Minutes of the Regular Meeting - November 13, 1980
Consider Proposed Ordinance, Providing for Participation of the City
in Supplemental Death Benefit Fund of Texas Municipal Retirement
Svstem
This ordinance would implement one of the provisions of the budget
that Council adopted in September. Dan Savage, Assistant City Manager,
explained that adoption of this ordinance would adopt supplemental death
benefits of Texas Municipal Retirement System. Presently, the city pro-
vides through its group insurance program a base policy of $5,000 for
all employees with the option to the employee to purchase an additional
$7,000 supplemental life insurance for a total of $12,000. The proposal
being recommended is part of the Texas Municipal Retirement System pro-
gram and the supplemental death benefits provide that an employee's
beneficiary upon his death will receive a sum equivalent to his last
12 months salary. In effect, it is a full salary insurance policy.
One of the differences would be that the city would pick up the cost
over and above the cost currently being paid for the $5,000 basic life
insurance. In the current fiscal year, the average salary for a city
employee is just over $16,600; therefore, in terms of the coverage that
the city would be providing is an additional $11,600 worth of life
insurance. The intention is that the program will begin on January 1,
1981. One of the things that the city will need to do as a procedural
matter is get a release from the Texas Municipal League, the current
group insurer, to drop the city's life insurance coverage from that plan.
The Administration has spoken with Texas Municipal League representatives
in Austin who state that this is merely a procedural matter. The city
currently pays $11,600 for the city's share of life insurance and the
estimated annual cost of the supplemental death benefit totals $39,600.
Therefore, there is an additional cost that the city will be paying to
afford its employees this added benefit. The Administration recommended
approval of the ordinance.
Council inquired if the Administration had investigated the income
tax effect of this change. Mr. Savage responded that this had not been
investigated.
Retirees under the present plan receive a lump sum death benefit
of $3,000 while the new plan would pay a lump sum benefit of $2,500
to retirees. This is an automatic provision.
Council inquired what options would be available to allow retirees
to retain their current status with regard to their lump sum benefit.
Mr. Savage stated that the problem is the Texas Municipal Retirement
System plan has a certain set of specifications which do not provide the
lump sum death benefit to retirees that the current plan provides. As
an alternative, he suggested that another approach would be to consider
Texas Municipal League plan's option to provide full salary coverage
up to $25,000 to current employees and $3,000 to retirees. The Admin-
istration could review that plan.
Council requested that the Administration study the various alter-
natives and report back.
Consider Proposed Ordinance, Granting 10 -Year Vesting Privileges Under
Texas Municipal Retirement
Presently, an employee must be employed a full twenty years prior
to becoming completely vested. There is no partial vesting provision.
If Council elects to adopt the proposed ordinance, employees would be
fully vested after ten years employment. Also,- another aspect of this
proposal is that it would change the upper limits at which one may become
a member of the Texas Municipal Retirement System plan from 55 to 60.
Therefore, an employee who was employed at age 55 who previously could
not participate would receive back dated coverage. The Administration
recommended approval of the proposed ordinance.
01113 -16
Minutes of the Regular Meeting - November 13, 1980
Councilman Philips moved for adoption of the ordinance; Council-
woman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3024
AN ORDINANCE ADOPTING THE PLAN PROVISIONS AFFECTING PARTICIPATION
OF EMPLOYEES OF THIS CITY IN TEXAS MUNICIPAL RETIREMENT SYSTEM AS
AUTHORIZED BY SECTION XX OF ARTICLE 6243h, VERNON'S TEXAS CIVIL
STATUTES, AND GRANTING THE ADDITIONAL RIGHTS, CREDITS AND BENEFITS
THEREIN AUTHORIZED; PROVIDING THAT SUCH RIGHTS SHALL BE SUPPLE-
MENTARY TO THOSE HERETOFORE ALLOWED AND THAT ARE IN FORCE AT THE
EFFECTIVE DATE OF THIS ORDINANCE; AND PRECRIBING THE EFFECTIVE DATE
OF THIS ORDINANCE.
*Councilman Cannon absent.
Consider Proposed Ordinance, Amending Section 2 -53, Powers and Duties
of the Planning Commission
The proposed ordinance amends the section of the Code of Ordi-
nances which deals with duties of the Planning Commission to bring
those duties into compliance with the duties the Planning Commission
is actually performing. The Administration recommended approval of
the proposed ordinance.
Councilman Simmons moved to adopt the ordinance.
Councilman Philips suggested that perhaps the motion should
include the provision that the ordinance be amended to state that
in even number years the Planning Commission submit to the city
manager a list of recommendations for capital improvements which,
in the option of the commission, are necessary or desireable to be
constructed over the next five -year period, rather than two years.
Councilman Simmons had no objections. Councilman Johnson seconded
the motion. The vote follows:
Ayes: Council members
and Caffey
Mayor Hutto
Nays: None
Philips, Johnson, Simmons, Wilbanks
ORDINANCE NO. 3025
AN ORDINANCE AMENDING CHAPTER 2, "ADMINISTRATION" OF THE CODE
OF ORDINANCES OF THE CITY OF BAYTOWN TO REDEFINE THE POWERS
AND DUTIES OF THE PLANNING COMMISSION.
Consider Proposed Ordinance No. 01113 -25, Amending Section 27 -74,
Street Lights of the Subdivision Regulations
The Public Utilities Commission has made some changes in the
way cities are charged for street lighting services. Randy Strong,
City Attorney, stated part of the change is the policy of the Public
Utilities Commission to make all rates for service directly related
to the cost to provide that service. In past years, cities were
charged a small percentage of the actual cost to provide the service
and the difference was made up by other customers. Approximately two
years ago, the Public Utilities Commission adopted the policy that each
year a percentage of that difference will be made up until eventually
01113 -17
Minutes of the Regular Meeting - November 13, 1980
there will be a one to one ratio between the cost of providing the
service and the rate charged for the service. In the past three rate
hearings, the charge for street lights has been increased significantly
in each case; therefore, the cost to the city has increased each year.
Bill Cornelius, Director of Planning and Traffic, explained that
in prior years the city had been charged a fixed charge of $18.00 per
year per light. However, presently the city is paying $48.24 per year
per light as of October, 1980. What the proposed ordinance will do is
tie the charges for new subdivisions and older neighborhoods to what-
ever charges are in effect, including fuel cost adjustments. Under
the new Public Utilities Commission regulations, the light company is
going to begin charging for installation of light poles which previ-
ously there was no installation charge.
Under the proposed ordinance, developers would be required to
install ornamental metal standards and high pressure sodium vapor
lamps on public streets in subdivisions within the city limits with
the location and minimum number of street lights to be determined by
the Director of Planning and Traffic. Underground installation charges
for the subdivision must be negotiated with Houston Lighting and Power.
A cash payment based on the current charge as specified in the Houston
Lighting and Power rate schedule per ornamental street light standard
shall be required prior to filing the plat. This payment would be a
final and one -time payment by the developer to the city and represents
the cost of the current standard street light for three (3) years.
The present ordinance requires a cash payment of $150.00 per orna-
mental street light which at the time of adoption of the ordinance
represented the cost of a standard 3300 lumen metal pole street light
at $30.00 per year for five years.
In response to a question from Council, Mr. Cornelius explained
that the underground installation charge is a cost that is to be paid
by the developer to Houston Lighting and Power for getting the elec-
tricity to the light.
Mayor Hutto felt that the proposed ordinance contained too many
unknowns and contingency. He felt that the ordinance would be another
cost that would be added to the cost of housing.
Mr. Lanham pointed out that the present ordinance on street lights
has not been updated to reflect energy costs and the manner in which
energy costs are computed.
Mayor Hutto stated that if the ordinance is adopted, the older
subdivisions would have no street lights due to the costs. Therefore,
he felt that perhaps it would be a good policy to make the street lights
an option for new subdivisions, for the city to participate or to set
a flat fee.
Councilman Philips pointed out that in some ways the franchise
tax could be considered as payment for the cost of lighting.
Mayor Hutto explained that if the city continues to set standards
for developers which continue to increase, the city will need to
participate with the developers. What is happening is that the devel-
opers pay the total cost of the water and sewer systems, which are given
to the city to maintain after one year. The city collects all revenue
from those systems and never invests anything.
Mr. Lanham pointed out that a very basic question may be whether
Council desires to continue to require street lighting in subdivisions.
Councilman Philips stated that the problem is that the concept is
old and antiquated and what needs to be done is to go back and ask
whether that concept is valid. He felt that street lights are desir-
able to some degree. He felt that there should be some minimum that
the city would provide and if the developer desired something over and
above that, the cost would be paid by the developer.
01113 -18
Minutes of the Regular Meeting - November 13, 1980
Councilwoman Wilbanks suggested that perhaps the light company
would have some information that might be helpful in making a deter-
mination as to cost.
Mayor Hutto felt that street lighting should be optional; Council-
man Johnson concurred. He felt with the new drainage requirements,
lots would become more expensive and the city's main objection should
be to get more development and control costs where possible.
Mr. Cornelius pointed out that if Council determines that street
lighting should be optional, the ordinance would still be necessary
to regulate those who determine that street lights are desirable.
Councilman Johnson moved that Council adopt the ordinance as an
option to the developer with the requirements of the proposed ordi-
nance to be applied in the event the developer opts to install street
lights. However, when Mr. Cornelius pointed out that this would mean
that the only option would be that the developer may or may not install
street lights, Councilman Johnson who was thinking that the option would
be that the developer could place the street lights as he desired, with-
drew the motion.
Mayor Hutto stated that this ordinance needed more thought and
would be in favor of considering city participation where lights are
installed along major thoroughfares and at intersections.
Council concurred that this item should be placed on the next
agenda and in the meanwhile, the Administration would check with
Houston Lighting and Power to determine what their costs are.
Councilwoman Wilbanks stated that the manner in which the dis-
cussion has developed brings to mind, "what are the base responsi-
bilities of the city and is there another entity that would deal with
lighting or is that the city's entire responsibility ?" Weighing
these things will help the Council to establish priorities.
Councilman Philips stated that he would be interested in pro-
viding some level of lighting that would provide good security and
provide the homeowner with something of value. On the other hand,
he would not favor a large cost item to the developers which would
be handed down to the home buyer.
Consider Proposed Ordinance, Approving Contract Between Lake Municipal
Utility District and Baytown Area Water Authority for Sale of Treated
Water
Baytown Area Water Authority has approved this contract which
provides that the district will purchase a minimum of 50,000 gallons
per day during the first year and up to 500,000 gallons per day
by the fifth -year. The initial price per thousand gallons will be
$1.00. There is a price escalation clause to provide that as BAWA's
costs increase, the cost for treated water will increase. It is
necessary to obtain City of Houston and San Jacinto River Authority
approval on this because Lake Municipal Utility District is outside
the present limits of the Baytown Area Water Authority. The Admin-
istration recommended approval.
Councilman Philips moved for adoption of the ordinance; Council-
man Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks
and Caf f ey
Mayor Hutto
Nays: None
01113 -19
Minutes of the Regular Meeting - November 13, 1980
ORDINANCE NO. 3026
AN ORDINANCE APPROVING THE BAYTOWN AREA WATER AUTHORITY'S
CONTRACT WITH LAKE MUNICIPAL UTILITY DISTRICT FOR THE SALE
OF TREATED WATER.
Consider Proposed Ordinance, Authorizing Final Payment to Channel
Construction Company for Sliplining Work
The proposed ordinance authorizes
struction Company for sliplining the se
San Jacinto Methodist Hospital. There
brings the final payment to $18,063.00.
approval.
final payment to Channel Con -
wer line in Goose Creek near
was a $663.00 overrun which
The Administration recommended
Councilman Johnson moved to adopt the ordinance; Councilwoman
Wilbanks seconded the motion. The vote follows:
Ayes: Council members
and Caf f ey
Mayor Hutto
Nays: None
Philips, Johnson, Simmons, Wilbanks
ORDINANCE NO. 3027
AN ORDINANCE APPROVING AND ACCEPTING THE SLIPLINING OF THE
SANITARY SEWER UPON THE EAST FORK OF GOOSE CREEK STREAM
BY CHANNEL CONSTRUCTION COMPANY; FINDING THAT THE IMPROVE-
MENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT;
ACCEPTING TIIE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEP-
TANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID CHANNEL
CONSTRUCTION COMPANY AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Consider Proposed Ordinance, Amending Chapter 26 to Provide a Fee
to Institute Procedure for Abandonment of Property
The Administration receives requests from time to time from
individuals to abandon all or part of a street. When this occurs,
notice of the request and release forms must be forwarded to all
abutting property owners. The proposed ordinance would require
that the individual making the request for abandonment deposit $25.00
to cover the cost of notification. If the costs are less, the balance
would be refunded. The Administration recommended approval of the
ordinance.
Councilman Philips stated that to adopt the ordinance as presented
would only result in additional administrative work and he would favor
establishing a fee of $25.00 to cover administrative costs.
Councilman Philips moved to adopt the proposed ordinance with the
reservation that the refund provision be deleted and that a fee to insti-
tute abandonment be a fixed fee of $25.00. Councilman Johnson seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 3028
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 26, "STREETS AND SIDEWALKS," SUBSECTION 26 -50
OF THE CODE OF ORDINANCES, TO PROVIDE A FEE TO INSTITUTE PRO-
CEDURE FOR ABANDONMENT OF PROPERTY; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
01113 -20
Minutes of the Regular Meeting - November 13, 1980
Consider Proposed Ordinance, Setting the Date, Time and Place for a
Public Hearing on the Annexation of Willow Creek Shopping Center
This shopping center will be located at the northwest corner of
Garth and Baker. Recently, Council completed annexation of 300 feet
on each side of the center line of Garth; therefore, a portion of
that area is already part of the city. The ordinance sets the hearing
for November 24, 1980 at 7:00 p.m.
Councilman Philips inquired why not go ahead and annex up to the
northern boundary? Mr. Lanham explained that there is no development
in that area at the present, but if Council desired, the Administration
could develop the necessary description to institute annexation.
Mayor Hutto suggested prior to doing this, that Council hold a
work session to discuss annexation.
Councilman Johnson moved for the adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members
and Caffey
Mayor Hutto
Nays: None
Philips, Johnson, Simmons, Wilbanks
ORDINANCE NO. 3029
AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC
HEARING ON THE PROPOSED ANNEXATION OF 4.079 ACRES, MORE
OR LESS, LOCATED NORTH AND WEST OF THE INTERSECTION OF
GARTH AND BALER ROADS, ALSO KNOWN AS WILLOW CREEK SHOPPING
CENTER; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH
NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE EFFEC-
TIVE DATE HEREOF.
Consider Setting Time and Date for Hearing Required by Public
Utilities Regulatory Policies Act
The Public Utilities Regulatory Policies Act of 1978 (PURPA)
was adopted by Congress to require regulatory bodies to determine
whether a set of standards set forth in the act should be adopted
as a matter of public policy. When this act was adopted by Congress,
the intent was to regulate state utility commissions; however, Texas
is unusual in that cities retain jurisdiction as regulatory authorities.
Therefore, the City Council as a regulatory authority must conduct at
least one public hearing concerning these standards and report to the
Department of Energy what they have determined relative to these
standards. The city is allowed to make any determination it wishes
as to whether to adopt these standards or not, but the decision must
be based on evidence presented at the hearing and the hearing evi-
dence must be documented. It must be an open public hearing and the
utilities involved must be invited. A record must be kept and tran-
script must be provided if requested. The standards involve gas and
electrical utilities. For electrical utilities, the Council will need
to address cost of service, declining block rates, time of day rates,
seasonal rates, interruptable rates, load management techniques, master
metering, automatic fuel adjustment clauses, consumer information,
advertising standards and termination of service. For gas utilities,
only two standards have to be addressed -- termination of service and
advertising.
The decision is left completely up to Council whether to adopt
these standards as public policy or reject them. The city must report
this year as to what Council did through June 30, 1980. The action
Council takes this year, will be reported next year.
01113 -21
Minutes of the Regular Meeting - November 13, 1980
There is no penalty provision for not conducting the hearing,
except the next time a rate case is filed, the Justice Department
or the Department of Energy can intervene in the rate case or force
the city to have a hearing or appeal to the Public Utilities Com-
mission and ask the Public Utilities Commission to force the city
to hold a hearing. The City Attorney recommended that Council hold
the hearing, make a decision on each one of the standards, and report
that to the Department of Energy.
Council set the hearing for 7:00 p.m., December 11, 1980.
Recess and Reconvene
Mayor Hutto recessed the open meeting into executive session to
discuss pending litigation and land acquisition.
When the open meeting reconvened, the following business was
transacted:
Consider Proposed Ordinance, Authorizing Purchase of Utility Easement
for East District Sanitary Sewer Line
The Administration recommended approval of the ordinance to purchase
a utility easement for East District sanitary sewer line.
Councilman Johnson moved for adoption of the ordinance; Councilman
Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks
and Caffey
Mayor Hutto
Nays: None
ORDINANCE NO. 3030
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN EASEMENT
ACROSS LAND OWNED BY THE ESTATE OF LILLIAN SMITH AND ITS
HEIRS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF THE
SUM OF ONE THOUSAND EIGHT HUNDRED AND N01100 ($1,800.00)
DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Authorizing Payment to Griffin Wellpoint
for Central District Sanitary Sewer Line Work
Griffin Wellpoint was a subcontractor who performed work for Bayshore
Constructors under the Central District Sanitary Sewer Line Contract.
This payment will be made if the appropriate releases can be obtained
from Bayshore Constructors and Griffin Wellpoint. The Administration
recommended approval of the ordinance.
Councilman Philips moved for adoption of the ordinance; Council-
woman Caffey seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks
and Caffey
Mayor Hutto
Nays: None
01113 -22
Minutes of the Regular Meeting - November 13, 1980
ORDINANCE NO. 3031
AN ORDINANCE AUTHORIZING PAYMENT TO GRIFFIN WELLPOINT
CORPORATION OF TWENTY THOUSAND AND N01100 ($20,000.00)
DOLLARS FOR WORK DONE ON THE CENTRAL DISTRICT SANITARY
SEWER LINE AND AS ORDERED BY THE FINAL JUDGMENT IN
CAUSE NO. 1,025,770; PROVIDING FOR THE EFFECTIVE DATE.
Industrial District Committee
Mayor Hutto appointed Council members Philips, Cannon and
Wilbanks to the Industrial District Committee with Councilwoman
Wilbanks being appointed to chair the committee.
There being no further business to be transacted, the meeting
was adjourned.
Eileen P. Hall, City Clerk
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GROSS TOTAL
LESS DISC.
NF7 TOTAL
$13,888.60-`•
*Incomplete Bid
$17,281.08`
* Incomplete Bid
CITY
OF BAYTOWN
TITLE.
ANNUAL REPAIR CLAMP CONTRACT
BID
TABULATION
BID:
8010 -13
DATE=
10 -22 -80 - 9:30 a.m. _
.
UTILITY SUPPLY CO.
TEAM
QTY DESCRIPTION
EXTENDED
UNIT EXTENDEANNUAL
REPAIR CLAMP CONTRACT
FAIN
$12,208.81
$13,107.73
DELIVERY:
14 days
3 days
=
14 Companies were mailed bids.
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NF7 TOTAL
$13,888.60-`•
*Incomplete Bid
$17,281.08`
* Incomplete Bid
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TITLE: FIRE HOSE CONT:
BID=
DATE.
TEM QTY DESCRIPTION
FIRE HOSE
I. 1,500 ft. Hose - Size 11"
0
11. 1,500 ft. Hose - Size 2z"
U
TOTAL BID
f� BRAND NAME:
WDELIVERY:
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GROSS TOTAL
LESS DISC.
NET TOTA L.
CITY OF BAYTOWN
BID TABULATION
FIRST LINE EQUIPT. ICLAUDE WRIGHT 6 ASS04 SUPERIOR SOUTHWEST JOSHUA FIRE & SAFE
$1.28 ft.$1,920.00 $1.28 ft $1,920.00 $1.39 f:$2,085-00
1.83 ft. 2,745.00 1.85 ft 2,775.00 1.98 f 2,970.00
$4,665.00 $4,695.00 $5,055.uO
Imperial National CW -600 limperia
130 - 45 Mays IStock - 10 days 1 30 --41 days
NO BID
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11 -ill INaKHDVJIV
1TL E • DEMOLATIO\ OF STRUCTURES .
I D: 1080 -14
All: October 28,'1980
CITY fl
BlD..TAE3ULA7l0N
Martin & So
COIAPLS71014
s
Cl 0-M ET 10
ra is
CO PLUc1
CST COTI E
COi� PL571011
a E
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nn
LOCATION'
PFt1c[
j
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•
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tAc , I
P ICE
q
1
18 East Wright
30 Days
768.'-
30.-Days
90Q. '
30 Days
-0-
1
1221 Johnston
60 days
'?5,913.
60 days $8,500.
60 days
$2; 000.x*'
1
1201 Pine.- rear
30 days
345..
30 days
600.
30 days
$111500.
'
* *Mr Grapp
c trans
osed on his
bid. He
intended to
bid $11,500
for
'
1221 Jo
stop ar
d $2,000 for
1201 Pi
ie.
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TITLE:- Housi.ne Rehabilitation Proiects
BID
DATE: November 11, 1980
CITY OF BAYTOWN
BID TABULATION
W
TEM
QTY
DESCRIPTION
ord
C & J Paintin
Eddie Marro in
EXTENDED
UNIT
EXTENDED
UNIT
EXTENDED
UNIT
EXTENDED
UNIT
EXTENDED
F
-PRICF
-PRICE
PRICE
PRICE
PRICE
PRICF—
PRICF
PRICE
PRICF
I
Housing Rehabilitation Project
79 -04 -11
304 East James
$8,000.00
$14,553.10
2
Housing Rehabilitation Project
79 -04 -12
501 Live Oak
$ 7,734.00
$7,395.00
3
Housing Rehabilitation Project
$ 80876.90
$5,970.00
79 -03 -13
1207 Carver
GROSS TOTAL
LESS DISC.
NET TOTAL
DELIVERY