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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 C) O � Q Q J m � O f-- 0 1 V -V co 0 s N d t!1 u v C O it 01 a DO I 3 � m C 00 ja 0 w J m J •- I Vf } O I Z LL •E Q E a �y W u J C� • r F— Q W �co Q ~ CL n o ZtL •p O Z Ai a Q1 1] 3 w O N E � N 4 ++ u u z c O v 41 - o o U 0 - Lu O LL n cl-w U a z LO N W U H N Z W m ~ Q a W 5 Z N Z H a w I W m N J m J •- I Vf O O I Z O •E Q E a �y W u J C� � F— Q W �co Q ~ u O II • di, JNEIWHDVJLL l J V) IO- p c� (DJE-- 2! W O J m W Vf •E E a O 7 u N CL n o d •o u O d tv X •- O N E II • di, JNEIWHDVJLL l J V) IO- p c� (DJE-- 2! 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. ai Prices f rm for one Prices irm for one (1) year (1) yea H z w x U F h GROSS TOTAL LESS DISC. NF7 TOTAL $13,888.60-`• *Incomplete Bid $17,281.08` * Incomplete Bid O Q J co :D ca LL, Q �. o �m� v "-1 U F- U Q U o Q 1 06 O Z O U a W I O q N �+ ^ tea. 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Z co N O O CL X O W ^ N 4j). !n m N LL. Z LL w 4. C 1 0 a- OD 2 N• _ N cc WQ H O O O O O O LL Z La. rk N 171 t` %D Cl LIN 0 • W x CC .— vs N J s� O n ul 7► LL w w ^ ro •L Q F- 00 co ? x N n CL 1 0 u, W o° o °o 0 C) Q �W Z � o' o 0 OL _ W LL n l O ~ CX •- N N -Cr N LL Q Q .J I= w w c0 '+- in N o .D 00 .- b %D °z ? to o ^ U- •- Vv •- 2 M �--• ciaQ Nw 0 0 O 0 O 00 QtL z W Lr% n 0 Ln U - cn Lin n Ln U U x r- N _-x O N W Lai N 0%0 a w w Ln 4- a F-Lj o o m o LLI cc ::)0. 41 qn _ LL. sR O OD lJ1 y J N � U � •- o W m .; W -0 CI O O z .. r ^ �O o W > •� E d u _ C- C) C) /� CL. CC W -44 1 u LLJ V O 0) 4) ul N N N f f� x N N •C G N N W a N N M O I 1 1 1 a.+ tL O - C! 'a d 0 N u a Q Ln _ 1 z i ^ W N 0 x - 1 W O eC 1 w v- w 4 - C LL co f o O 0 � LA M ` � 0 ZE W �. • W 0 _ ,1 'J,4 su5lwxDesse . 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: x U Q H F n 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 O O }- Q W� 0 l Q �- �w U � r 0 r M z o � r l U O J l l tL a Z l O^ U^ W t LJ J C) i` cn Q C7 W Q zw — �v w zc p Z F- p uj Z W N d N W • pl N Zi Q� a r w u tu Q r u 2 Q - W Q v tai H W 4 J N W ? O 0 CL V Q) Lli Q 0 N J O 0 i 0 LU 0 �4� a O Q oC w m oc�n N O w � � vs a/ Jc vs to � r •u u a� Q N O u ro O 7 M S u ' N N O Ul% 4.1 N .-- AA. in O O J N J M i Ql LU N �4� a O Q oC w m oc�n M G w � � vs - Jc o l � r •u u a� Q �Q N l0 O 7 M S O ' N N O .- u UN N M u LA Q T cc O .� CD Cl CO N O N CO O N 00 •- l M 0 O V> N u m J LU °x �4� a O Q oC w m oc�n r w � � Z tj Jc o •- r •u u a� ^ fl. J vl Z L CD 0 U d ' N N 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 '! Y nn LOCATION' PFt1c[ j pR C • P cF 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. , w i EE-' • . ,. H z w x U d H H C 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