1980 11 24 CC Minutes, Special01124 -1
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
November 24, 1980
The City Council of the City of Baytown, Texas, met in
special session on Monday, November 24, 1980, at 6:30 p.m. in
the Council Chamber of the Baytown City Hall with the following
members in attendance:
Fred T. Philips
Jimmy Johnson
Perry M. Simmons
Mary E. Wilbanks
Eileen Caffey
Allen Cannon
Emmett 0. Hutto
Councilman
Councilman
Councilman
Councilwoman
Councilwoman
Councilman
Idayor
Fritz Lanham City Manager
Dan Savage Assistant City Manager
Randy Strong City Attorney
Eileen P. Hall City Clerk
The meeting was called to order, Mayor Hutto announced a
quorum to be present, and the invocation was offered by Council-
man Allen Cannon.
Minutes
Councilman Johnson moved for approval of the minutes for the
meeting held November 13, 1980; Councilwoman Caffey seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
Petitions
Mrs. Susan Mullins presented a petition which had been signed
by neighbors in the vicinity of her business at 2507 Massey Tompkins
Road. The Mullins are requesting an exemption from the buffer
fencing requirements under the building provisions of the City of
Baytown. The Mullins feel that a six foot buffer fence to the side
of their building will detract from the building which currently
has a three foot decorative fence to the front and side.
Councilman Cannon moved to accept the petition and refer said
petition to the Administration to report back to Council; Council-
man Simmons seconded the motion.
Mr. Lanham pointed out that the ordinance regarding buffer
fencing provides for appeal of the building inspector's decision
to City Council. The Administration will place an item in this
regard on the next Council agenda. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
01124 -2
Minutes of the Special Meeting - November 24, 1980
City Manager's Report
The Administration had submitted an application to the State
of Texas for a Coastal Energy Impact Program grant of $475,000
to make improvements at Roseland Park. Notification has been
received that the city's application was not one of those that
had been approved. Those projects that would benefit the largest
number of people were selected. Two projects that the Administra-
tion is aware that were approved are the Harris and Galveston Coun-
ties' projects. There will be another opportunity to submit a
grant and the decision will need to be made whether to submit
the same proposal or another.
The Administration advertised for bids for the sale of the •
property at 514 East Texas. No bids were received. The City
Attorney's office will be contacting some of the individuals
who have expressed interest to determine why no bids were received.
If there is still some interest in the property, the sale will
be rebid.
The annual Christmas Parade is scheduled for 6:30 p.m. on
December 4 and members of Council are invited to participate.
A letter from Iiouston Lighting and Power regarding the rates
for the month of December was placed at the Council table. There
is an increase of $2.10 based on 1,000 KWH from the November billing.
The contractor on the East District projects has continued
to make good progress and all of the eight inch gravity line has
been laid on Hardin Road.
Two city crews are working on the Ward Road /Kilgore Road
Project. The project is approximately fifteen (15 %) percent
complete.
Receive Report from Clean City Commission
Mrs. Jo Roosa, Chairman of the Clean City Commission, reported
to Council that as a result of the educational and action activities
promoted by the Clean City Commission, the Community has become
litter aware which has resulted in a forty -seven (47%) percent
reduction in litter since the Clean City Commission was instituted
two years ago. Mrs. Roosa expressed the Commission's gratitude
for Council's support and the support of the community in this
endeavor.
Consent Agenda
Councilman Cannon requested that Item No. c be removed unless
more explanation could be given to support the recommendation. Mr.
Lanham explained that the Administration in the packet had failed
to mention that Miracle Recreation on Item Nos. 2, 3, 4, 8, 9, 10,
and 11 did not meet specifications. Also, Vaughan and Associates,
Inc. did not meet specifications on Item No. 12. Councilman Cannon
stated he would have no problem with allowing that item to remain
on the Consent Agenda.
Mr. Lanham pointed out that the Administration had recommended
awarding the bid for purchase of 1980 model garbage trucks because
delivery on those is 15 days. In the past when bids were taken
for garbage trucks which were on the next year's model, it was
well into the next year before those trucks were received. Trade -in
value is not very important to the city because those trucks are
used extensively before the city disposes of them.
01124 -3
Minutes of the Special Meeting - November 24, 1980
Councilman Cannon requested that the memorandum drafted by
Mr. Rountree be made part of the record for documention purposes.
After discussion of the individual items, the consent agenda
was considered as set forth in the agenda packet as follows:
Consider Proposed Ordinance, authorizing the Administration
to enter into a contract with First Presbyterian Church for
support of Senior Citizens Nutrition Program.
The 1980 -81 fiscal year budget includes $5,000 to provide
continued City support for the Senior Citizen Nutrition
Program located at the First Presbyterian Church. The
proposed ordinance authorized the city to enter into a
contract with the First Presbyterian Church to continue
operating this program with city support during the 1980 -81
calendar year. The contract provides for payment by the
city of $5,000 in equal installments. The Administration
recommended approval of the proposed ordinance.
Consider Proposed Ordinance, awarding annual contract for
purchase of oil and grease.
On November 13, 1980, three bids were received for the
purchase of the city's estimated annual supply of oil
and grease. Tabulation of these bids is attached to
minutes as Attachment A. Baytown Oil Sales submitted
low bid for a total cost of $16,427.53. Purchases will
be made on basis of 250 gallon minimum order. Mixed
orders will be allowed under the terms of the contract.
The Administration recommended approval of the proposed
ordinance awarding the annual oil and grease contract to
Baytown Oil Sales.
Consider Proposed Ordinance, awarding bid for purchase of
playground equipment.
On November 12, 1980, four bids were received for purchase
of playground equipment for the Parks and Recreation Depart-
ment. Bid tabulation is attached to the minutes as Attach-
ment B. (Memorandum setting forth explanation and recommen-
dation is attached as Attachment C). Persenaire Playground
Products did not bid on the arch swing. It did, however,
offer a $500 discount if all items bid were purchased, as
well as an additional 5% discount if cash payment is made
upon receipt of the equipment. The low bid meeting specifi-
cations for all items other than the arch swings totals
$18,539.75. If Persenaire Playground Products discounts
are accepted, the low bid for all items other than the arch
swings is $17,894.44. This results in a savings of $645.31
over the individual low bids. Vaughan & Associates submitted
the low bid for the arch swing at a total cost of $1,944.
The total bid of Persenaire Playground Products plus the bid
of Vaughan & Associates for the arch swing equals $19,838.44.
Budgeted funds for the amount of $20,000 are available for
` this equipment. The Administration recommended approval
of the proposed ordinance, awarding the bid for the purchase
of playground equipment for all items other than the arch
swing to Persenaire Playground Products and the bid for
the arch swing to Vaughan & Associates.
Consider Proposed Ordinance, awarding bid for purchase of
rear loading solid waste collection vehicles.
On November 18, 1980, six bids were received for the purchase
of two rear loading solid waste collection vehicles. Bid
tabulation is attached to the minutes as Attachment D. Bids
01124 -4
Minutes of the Special Meeting - November 24, 1980
Bids were requested on both gasoline and diesel engine
vehicles. Davis Truck & Equipment Company of Houston
submitted the low bid for the gasoline powered trucks
at a total cost of $71,024. The difference in cost
between gasoline and diesel fueled vehicles is $4,752.
The diesel powered vehicles are normally considered to
be more economical to maintain and run longer. Pre-
sently, the city pays $.11 per gallon less for diesel
fuel than regular gasoline. Over a five -year period,
the savings resulting from purchasing diesel fuel for
these two vehicles would exceed $5,000. Because the
operating and maintenance costs of diesel vehicles are
favorable to those gasoline powered vehicles, the pro-
posed ordinance awards purchase of two rear loading
solid waste collection vehicles to Davis Truck and
Equipment Company. Davis Truck and Equipment Company
will deliver the vehicles in fifteen days. The
employees who will be assigned to drive these vehicles
are drivers who were driving vehicles for the city prior
to conversion to the two men side loading vehicles. The
Administration recommended approval of the proposed ordi-
nance.
Councilman Cannon moved for approval of Consent Agenda
Item Nos. a through d; Councilman Simmons seconded the motion.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3032
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
OF THE CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH FIRST
PRESBYTERIAN CHURCH OF GOOSE CREEK TO FUND THE OPERATION
OF THE BAYTOWN NUTRITION CENTER; AUTHORIZING PAYMENT BY
THE CITY OF FIVE THOUSAND & N01100 ($5,000.00) DOLLARS
WITH REGARD TO SUCH AGREEMENT; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
ORDINANCE NO. 3033
AN ORDINANCE ACCEPTING THE BID OF BAYTOWN OIL SALES FOR
THE PURCHASE OF ESTIMATED QUANTITIES OF OIL AND GREASE
ON A UNIT PRICE BASIS, WITH THE COMPENSATION TO BE PAID
TO BE BASED UPON THE ACTUAL QUANTITIES SUPPLIED.
ORDINANCE NO. 3034
AN ORDINANCE APPROVING THE PURCHASE OF PLAYGROUND
EQUIPMENT BY ACCEPTING THE BIDS OF PERSENAIRE PARK &
PLAYGROUND PRODUCTS AND VAUGHAN AND ASSOCIATES, INC.
AND AUTHORIZING PAYMENT BY THE CITY.
ORDINANCE NO. 3035
AN ORDINANCE ACCEPTING THE BID OF DAVIS TRUCK & EQUIP-
MENT FOR THE PURCHASE OF TWO (2) REAR LOADING SOLID
WASTE COLLECTION VEHICLES AND AUTHORIZING THE PAYMENT
BY THE CITY OF BAYTOWN OF THE SUM OF SEVENTY FIVE
THOUSAND FIVE HUNDRED NINETY SIX & N01100 ($75,596.00)
DOLLARS.
01124 -5
Minutes of the Special Meeting - November 24, 1980
Consider Proposed Ordinance, Accepting Dedication of Birdsong
Drive as a Public Street
Several years ago, Birdsong Drive between Allenbrook Subdivision
and Garth Road was paved and dedicated to the city. However, the
city was unable to accept dedication of that street at that time
because of pending litigation concerning ownership of some of the
property involved. That matter has been resolved; therefore, the
Administration recommended acceptance of this dedication. The
Engineering Department has inspected the street, determining the
street to be acceptable structurally, as well as drainage wise.
Councilman Philips moved to adopt the ordinance; Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3036
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE STREET DEDICATION BY M. CECIL BOBBITT,
TRUSTEE AND CONRAD MAGOUIRK, TRUSTEE; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Authorizing the City of Baytown to
Enter into Contract with Harris County for Continuation of the
CETA Program
The city expects to receive $228,999 for funding of the CETA
program for a one -year period beginning October 1, 1980 to fund
20 positions - -10 in Public Works, 1 in Parks and Recreation, 1 in
City Clerk's office, 1 in Municipal Court, 4 in Police Department
and 2 in Water Billing. The Administration recommended approval
of the ordinance.
Councilwoman Caffey moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3037
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND
ATTEST TO A CONTRACT WITH HARRIS COUNTY FOR A COMPREHEN-
SIVE EMPLOYMENT AND TRAINING ACT GRANT UNDER THE EMERGENCY
JOBS AND EMPLOYMENT ACT.
Consider Proposed Ordinance, Authorizing Lease Agreement with
Exxon for 9.77 Acres of Park Purposes
In accordance with a request from Council that the Adminis-
tration attempt to locate park land in the Wooster area, Exxon
was contacted regarding the possibility and has agreed to lease
to the city for park purposes 9.77 acres located on the west side
of the refinery complex just off Bayway Drive. Access to this
01124 -6
Minutes of the Special Meeting - November 24, 1980
property is available at the east end of Fortner Street. The
proposed ordinance authorizes the city to enter into lease
agreement with Exxon to use this property for park purposes
for fifteen years. The contract provides that either party
may cancel after giving one year notice. The city agrees to
pay to Exxon rental equal to all annual property taxes on the
property which is currently approximately $500 per year.
In response to questions from Council, Bobby Rountree,
Director of Parks and Recreation, stated that to develop this
park as a playground, picnic area would not represent a signifi-
cant budgetary impact. The one -year cancellation provision is
more lenient than the 90 -day cancellation clause in the school,
city park agreements. Mr. Rountree estimated that to develop the
park with parking area would cost between $20,000 - $60,000.
Councilman Johnson moved for adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3038
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF
THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A LEASE AGREEMENT WITH EXXON CORPORATION;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Hold Public Hearing on Proposed Annexation of Willow Creek
Shopping Center (7:00 p.m.)
Mayor Hutto declared the public hearing on the proposed
annexation of Willow Creek Shopping Center to be open and asked
any person desiring to testify to register on the form provided
in the hallway. No one indicated a desire to speak. The City
Manager explained that the city is proposing to annex 4.079
acres of land located north and west of the intersection of
Garth and Baker Roads. Owners of this property have requested
annexation, along with city services. City services are avail-
able to this area. Since no one present expressed a desire to
speak, Mayor Hutto declared the public hearing to be closed.
Mayor Hutto inquired if Council would have any objection
to moving Item No. 15 to be considered after Item No. 9? There
were no objections.
Consider Proposed Ordinance, Amending Section 18 -4 of the Code
of Ordinances to Provide a Minimum Fine for Violation of
Handicapped Parking Zones
The proposed ordinance provides an affirmative defense to
any prosecution under the handicapped parking ordinance if such
vehicle was operated by or used to transport a handicapped person
or such handicapped zone was not designated by a sign at least
12 x 18 inches in size, meeting the design specifications of the
manual on Uniform Traffic Control Devices published by the U. S.
Department of Transportation or the bottom edge of said sign was
not at least 48 inches above the ground or pavement. Also, the
ordinance provides a blank minimum fine for violation.
01124 -7
Minutes of the Special Meeting - November 24, 1980
Councilwoman Caffey moved to adopt the ordinance inserting
$25.00 as the amount of minimum fine; Councilman Cannon seconded
the motion.
Council discussed many problems that could arise with the
adoption of the ordinance, but Councilman Philips pointed out
that some relief needed to be granted to the handicapped and
this ordinance would be a good starting place. If the ordinance
is discovered to be insufficient, Council can enact amendments.
Councilman Philips felt that the ordinance would be more workable
if the city were to make the signs available, along with the
stand. The city could take bids and sell the signs and stands
just as garbage bags are sold; Council members Caffey and Cannon
concurred.
In response to questions from Council regarding time for
the city to make the signs available for sale and how that
would effect the enforcement of the ordinance, the City Attorney
explained that it is an affirmative defense if the sign is improp-
erly installed or if there is no sign present. Once an area is
designated as a handicapped parking area and is properly marked,
any one parking in that area may be ticketed. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3039
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, AMENDING CHAPTER 18, "MOTOR VEHICLES AND TRAFFIC ",
SUBSECTION 18 -52 OF THE CODE OF ORDINANCES, TO PROVIDE
AN AFFIRMATIVE DEFENSE FOR PARKING IN A HANDICAPPED
ZONE; PROVIDING FOR A MINIMUM FINE OF TWENTY FIVE & N01100
($25.00) AND A MAXIMUM FINE OF $200.00 FOR VIOLATIONS OF
HANDICAPPED PARKING ZONES; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLI-
CATION AND EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Amending the Building Code to
Provide Certain Requirements for Designation of Handicapped
Parking Spaces
The proposed ordinance is a companion to the ordinance
which Council just adopted. In the previous ordinance, a
certain size and type sign is required for the enforcement of
handicapped parking zones. This ordinance will change the build-
ing code to require that the handicapped spaces be identified
by signs depicting handicapped parking, said signs shall be
12 x 18 inches as designated in the U. S. Department of Trans-
portation manual, and the bottom edge shall be at least 48
inches above the ground or pavement.
Councilman Philips moved for the adoption of the ordi-
nance; Councilwoman Wilbanks seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
01124 -8
Minutes of the Special Meeting - November 24, 1980
ORDINANCE NO. 3040
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 MINIMUM REQUIRE-
MENTS FOR SIGNS INDICATING HANDICAPPED PARKING; PROVIDING
A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Resolution, Requesting Assistance to Assure
Proper and Expeditious Handling of the U. S. Mail From 220
West Defee Street, Baytown, Texas (U. S. Post Office)
Council directed the Administration at the last meeting
to prepare a resolution requesting assistance to assure proper
and expeditious handling of the U. S. Mail from the main post
office at 220 West Defee. The City Manager read the resolution
that had been prepared. Councilman Philips stated that he had
read that a new post office would not be completed for three
years; therefore, he would encourage the addition of another
section to the resolution suggesting that another annex be
provided as an interim solution.
Mr. Jim Dupree, Post
Mr. Dupree explained some
Council suggested certain
made and suggested that p
speed the construction of
area.
Master, was recognized by Mayor Hutto.
of the problems he is encountering.
areas where improvements could be
arhaps the resolution would serve to
a new postal facility for the Baytown
Ms. Wilma Taylor, a former postal employee was present and
suggested that the resolution should be forwarded to Represen-
tatives Jack Fields and Mickey Leeland.
Councilman Simmons stated that he supported the resolution
in the hope that it would improve postal service. He inquired
if the Administration could check into the traffic situation
at the post office and provide more enforcement from Thanksgiving
through Christmas, Monday through Friday in the area of the post
office. Mr. Lanham stated that enforcement of the parking
restrictions in that area would be increased.
Councilwoman Wilbanks pointed out that this problem had
been in existence for a long period of time and that she had
no problem with supporting the resolution. Councilwoman Wilbanks
moved for the adoption of the resolution; Councilman Johnson
seconded the motion.
Councilman Philips suggested that the motion be amended
to add provision in the resolution that an interim plan be
developed for an annex.
Councilwoman Wilbanks felt that what the resolution
should do is call attention to the fact that there is a prob-
lem and leave the solution to that problem to the postal
authorities. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
and Caffey
Mayor Hutto
Nays: Councilman Cannon
01124 -9
Minutes of the Special Meeting - November 24, 1980
RESOLUTION NO. 753
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
REQUESTING THAT U. S. POSTAL SERVICE TAKE MEASURES TO
ASSURE PROPER AND EXPEDITIOUS HANDLING OF THE U. S.
MAIL FROM 220 WEST DEFEE STREET, BAYTOWN, TEXAS.
Consider Proposed Ordinance, Amending Section 27 -74, Street
Lights of the Subdivision Regulations
The proposed ordinance was discussed at the last Council
meeting and the Administration was asked to put this item back
on the agenda. For many years, the amount cities have paid
for street lighting has not covered the cost of operation and
maintenance. The Public Utilities Commission has advised cities
and the power company that the charges levied for street lighting
should be sufficient to cover the cost of installation, mainte-
nance and operation. The Public Utilities Commission provided
that this transition could take place over a period of several
years. The last time Houston Lighting and Power submitted a
request for rate increase, the Public Utilities Commission
indicated that there should be an increase for charges of street
lighting. The ordinance that the City of Baytown has been oper-
ating under has been in existence without any charge since 1968.
Houston Lighting and Power has provided Council with a packet of
information which sets forth the costs for street and protective
lighting service. In that information, the monthly rates, plus
estimated fuel charge for mercury vapor and high pressure sodium
vapor lighting is included. Most of the newer subdivisions of
Baytown have the 3300 lumen mercury vapor lighting which monthly
cost for that if serviced underground is $9.35, plus the fuel
charge per month. The high pressure sodium vapor, 9500 lumen
is $18.00, plus fuel paid by the city and /or developers is the
monthly charge. Between 1 and 18 homes, the cost for installa-
tion is $320 per lamp; between 20 and 29 homes, $140; 30 or
more, $75. This is not the actual cost. The power company
will continue to absorb a portion of the actual cost. The
company's contribution toward installation of 3300/9500 lumen
lamp is $540. The policy for a number of years has been that
the developer will pay the city's cost for the first five years
which for many years was $30 per year per light. The costs now
is considerably more as indicated above.
The ordinance that has been drafted is based on the subdivider
paying the initial charge whatever that amount is, plus the monthly
charge for a three -year period. The ordinance is based on use of
the high pressure sodium vapor lamps.
Mr. Lanham stated that Council could consider whether to
require street lighting; however, most citizens do want lighting.
The city could pay the total cost, but there are many sections
of the city which have no lights or minimal lighting which would
expect lights to be provided. Council could adopt the ordinance
provided or require lights to be installed with the subdivider
paying for the cost of installation and the city paying from the
beginning the monthly service costs. If the city lights a thorough-
fare, the city pays the costs from the beginning. This could be
treated in the same manner as water and sewer, the subdivider
installs those facilities, but is not required to pay the cost
to maintain those systems.
Councilman Philips pointed out that the high costs of light-
ing will make it mandatory for the city to move away from providing
this service.
01124 -10
Minutes of the Special Meeting - November 24, 1980
Perry Walker, representative of the builders and devel-
opers, was recognized by Mayor Hutto. Mr. Walker stated that
that group is as concerned about street lights as everyone
else. In the past, street lights have been installed in most
subdivisions and the builders and developers feel street light-
ing is a good thing. However, with the rising costs, that
group is not convinced that this is necessarily the best approach.
He pointed out that with the adoption of the proposed ordinance,
developers would be paying $997.94 per light initially which is
substantial. The developers feel that this cost is excessive
to provide street lighting. He pointed out that in one instance,
residents of a new subdivision opted for no lights.
In response to a suggestion that perhaps the homeowner
could pay for the light through a contractual arrangement, Mr.
Schaefer explained that he is unaware of any private contractual
agreement for payment of street lights within any incorporated
city.
Mr. Walker stated that Mr. Lanham had a good point when
he suggested that the expense be shared between the developers
and the city and if it is a feasible thing, the developers
would support that approach.
Councilman Cannon felt that to completely eliminate the
requirement for street lights might be a bit radical, but if
Council did decide to do this, Council should also consider
phasing out existing lights other than at intersections;
Councilman Philips agreed. Councilman Cannon suggested that
Council might want to consider reducing the number of lights
and participating in the costs. The other alternative would
be for individuals to install lights of their own choice, if
they elect to have lighting. Councilman Cannon stated that
this would be an alternative to put in minimum lighting and
if the homeowner wants additional lighting, leave it to him
to decide what and how to obtain that lighting.
Mayor Hutto stated that he had no problems with the city
participating or paying all the costs. It is up to the city
to establish standards for the number of street lights necessary
in a subdivision, but he had second thoughts about making street
lights optional because in smaller subdivisions no street lights
would be provided.
Mr. Walker stated that the builders and developers would
like to see the ordinance amended to make it optional for the
developers to install either the mercury vapor or high pressure
sodium vapor lamps. The developers feel that the 3300 lumen
mercury vapor lights have been used for a long while and are
adequate; therefore, as long as Houston Lighting and Power will
furnish this type light, the developers would like to have that
option.
Councilman Cannon stated that for the time being perhaps
Council would want to consider participation cost with the
developer, along with spacing the lights out more. Eventually,
Council will need to consider having the citizen absorb the
full cost of street lighting.
Mr. Lanham explained that one reason that the Administration
had recommended the high pressure sodium vapor lights was that
fewer lights would be necessary.
01124 -11
Minutes of the Special Meeting - November 24, 1980
Councilman Philips stated what needs to be done is to cut
street lighting back to a minimum which will be to the benefit
of the city, as well as the developers. That way the developers
could pay the installation cost and the city the maintenance cost.
Councilman Cannon pointed out that a citizen may come in on
his own to request street lighting. The Mayor's response was
that if the citizen is willing to pay for the light, he can see
no objection to the citizen having the light.
Mr. Walker pointed out that in many of the subdivisions
many of the lights cannot be eliminated because those lights
will be located in strategic areas. Mr. Walker state that the
developers would like for the street lights to be optional, but
if there is another option which is feasible, the developers would
be open to an alternative.
Mr. Lanham inquired if Council would like the Administration
to rework the ordinance and instead of requiring sodium vapor
go back to the 3300 lumen mercury vapor. Council also suggested
that the Administration determine what the budgetary impact would
be if the city is made responsible for the operating cost or if
the city assumes full responsibility for providing street lights.
The Administration will work up alternatives for consider-
ation at the next Council meeting.
Consider Proposed Ordinance, Authorizing Final Payment to Con-
struction Specialist, Inc. for 1979 Community Development
Program Street and Drainage Improvements - Cedar Street
This ordinance authorizes final payment to Construction
Specialist, Inc. for 1979 Community Development Program Street
and Drainage Improvements - Cedar Street. The total cost for
this improvement is $368,483.60. There were some substantial
overruns for extra work which in many instances had to do with
an old water line system that the Administration was unaware
existed. The work is satisfactory and the Administration rec-
ommended final payment. Payment will be made from the Community
Development funds.
In response to a question from Council, the work has been
satisfactorily completed including cleanup.
Councilwoman Caffey moved for adoption of the ordinance;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3041
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO CONSTRUCTION
SPECIALIST, INC. FOR 1979 COMMUNITY DEVELOPMENT PROGRAM
STREET AND DRAINAGE IMPROVEMENTS - CEDAR STREET.
01124 -12
Minutes of the Special Meeting - November 24, 1980
Consider Proposed Ordinance, Amending the Water and Sewer
Extension Policy
The proposed ordinance amends the ordinance adopted
several months ago to provide clarification as follows:
1. Section 25 -13 regarding advance payment is changed
to indicate that the Director of Public Works shall
determine the amount of advance payment required
for extending water and sewer lines and in no event
shall this amount be less than one half of the
estimated cost of the project.
2. Section 25 -20 pertaining to the application for the
extension, requires the developer to submit plans
and specifications to the director prior to beginning
construction.
3. Section 25 -21 presently requires the developer to
pay in advance all costs associated with the exten-
sion of water and sewer lines to the city prior to
award of the contract. This section is modified to
add a requirement that the developer shall pay for
any change orders or cost overruns associated with
the construction of necessary water and sewer lines
prior to the city providing the services to his prop-
erty.
4. Section 25 -23 is amended by adding the words "to
the developer."
5. Section 25 -32 pertaining to exceptions to the con-
nection charge is amended by adding to Subsection 5
that the owner or developer will receive a credit
for his connection charge because he paid for the
line.
6. Section 25 -35 pertains to commitment of capacity
is amended by adding that owner or developer may
receive a commitment for a capacity by paying the
director the appropriate connection charge.
7. Section 25 -40 is amended to clarify the requirement
that each person contributing to the original cost
of the line shall receive refunds in proportion to
their percentage share of the original cost.
8. Section 25 -41 is amended to limit the full recovery
of costs to an amount that would not exceed the
difference between the owner's original share in the
development cost and the connection charge that would
apply against the owner's property which is served
by the improvements.
9. Section 25 -43 is amended to establish a method for
recording requests for refunds.
The Administration recommended approval of the ordinance.
Councilman Philips moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
01124 -13
Minutes of the Special Meeting - November 24, 1980
ORDINANCE NO. 3042
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
REVISING AND AMENDING THE WATER AND SEWER LINE EXTENSION
REGULATIONS; REPEALING ALL ORDINANCES IN DIRECT CONFLICT;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF $200.00; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
Consider Approving Parks and Recreation Policy Manual
The Parks and Recreation Advisory Board has approved two
changes in the department's policy manual. One change involves
the requirement of a deposit for the use of rooms in the Community
Center when food and drinks are to be served. The deposit would
be based on the size of the rooms. In the auditorium the deposit
would be $50. In meeting rooms the deposit would be $25, and in
the activity rooms the deposit would be $15. The deposit would
be refundable if no problems are encountered in cleaning up after
the activity. The Community Center Supervisory would be given
the authority to determine whether to forfeit the deposit. The
second change to the policy manual would be to eliminate the
practice fee for the use of the softball fields during daylight
hours. The present fee is $2.00 for every 11 hours in which the
fields are used without lights.
Councilwoman Caffey moved to approve the two changes to the
Parks and Recreation Policy Manual; Councilman Philips seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
Consider Authorizing Reduction of Retainage on Garth Road Water
and Sewer Line Project
These lines have been completed and are in use but the final
cleanup cannot be accomplished until the Garth Road paving contractor
completes his work. Therefore, at present ten (10 %) percent of
the water and sewer line contract is being withheld -- $105,825.11,
which the Administration feels is more than necessary to cover the
cost of the remaining work. Therefore, the Administration is
recommending that Council authorize the payment of $55,825.11,
with $50,000 retainage.
Mayor Hutto stated that he had spoken to the foreman on this
job who stated that there remains at the most $5,000 worth of clean-
up to be performed on this job and the company is concerned at the
amount of time it will take for the contract on the paving project
to complete that contract. The Mayor pointed out that the con-
tractor on the water and sewer line project had a performance bond
in effect which should protect the city.
Councilman Philips differed with the Mayor, in that he felt
the performance bond would not give adequate coverage if there
should be any mechanicmen's liens.
Mayor Hutto added that he felt it to be unfair to hold $50,000
when the contractor had performed his portion of the contract to
the best of his ability. He felt that the city should withhold
an amount, but not that great an amount.
01124 -14
Minutes of the Special Meeting - November 24, 1980
Councilman Cannon pointed out that the usual procedure is
to withhold ten (10 %) percent and the Administration is rec-
ommending that the retainage be reduced to five (5 %) percent.
Councilman Cannon moved to approve the Administration's rec-
ommendation that $50,000 be retained on the Garth Road water
and sewer line project. Councilman Philips seconded the motion.
Councilman Philips stated that in no event should the city
pay anymore money until the contractor provides a notarized
statement that all his mechanicmen's liens are paid.
Mr. Dykes stated that the BAWA water line contractor
should be complete within 30 days, at that time the line
can be tested, and the Administration would be ready to rec-
ommend reduction of the retainage if the line tests favorably.
Council requested that the Administration bring this back
to Council in 30 days to consider release of more of the retain -
age amount. The vote follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Caffey and Cannon
Mayor Hutto
Nays: None
In considering the meeting schedule for December, Council
decided to hold the regular meeting scheduled for December 11
and hold a special meeting if necessary.
There being no further business to be transacted, the
meeting was adjourned.
P't . -.,.2 P 14"
Eileen P, al , City Clerk
CITY OF BAYTOWN
TITLE= ANNUAL OI L AND GREASE CONTRACT BID TA 6ULAT1 ON
BID: _ 8011 -13
DATE. 11-13 -80 - 9:30 a.m.
TENT
QTY
DESCRIPTION UNIT EXTENDED
UNIT ExTEN0E0
HOMETOW
UN1T ND D
UNIT EXTENO D
UNI Xi ND
ANNUAL OIL AND GREASE CONTRACT
Per specifications
APPROX.
1.
402 gal.
Motor Oil, 30 wt., 24/1 qt. cans
$2.9167
$ 1,172.51
$2.98
$ 1,197.96
$4.10
$ 1,648.20
2.
825 gal.
Motor Oil, 30 wt., 55 gal. drums
2.6409
2,178.74
2.78
2,293.50
2.78
2,293.50
3.
204 gal.
Motor Oil, 40 wt., 24/t qt. cans
2.9167
595.00
2.98
607.92
4.10
836.40
4.
825 gal.
Motor Oil, 40 wt., 55 gal. drums �
2.6409
2,178.74
2.78
2,293.50
2.78
2,293.50
5.
660 gal.
Solvent, 55 gal. drums
1.75
1,155.80
1.88
1,240.80
2.50
1,650.00
6.
25 lbs.
M.P. grease cartridges per lb.
.85
21.25
.768
19.20
1.00
25.00
7.
1,540 lbs.
M.P. gear oil, 55 gat. drums
.415
639.10
.43
662.20
.61
939.40
8.
105 lbs.
E.P. Lithium Grease, 1/55 ^.51b. tub
.5962
62.60
.51
53.55
.61
64.05
9•
330 gaT.
Multi- Vscosity Motor Oil 24/1 qt.
cans
3.2266
1,064.78
4.34
1,432.20
4.34
1,432.20
10.
275 gal.
ATF, Dextron II., 55 gal. drums
2.58
709.50
3.08
847.00
3.30
907.50
11.
275 gal.
ATF, Ford type, 55 gal. drums
2.58
709.50 �
3.08
847.00
3.30
907.50
12.
660 gal.
Tractor Fluid, 55 gal. drums
2.80
1,848.00
3.16
2,085.60
3.16
2,085.60
13.
1,650 gal.
H.D. Hydraulic Fluid, 55 gal. drum
2.48
4,092.00
2.22
3,663.00
2.22
3,663.00
TOTAL BID:
$16,427.52
17,243.43
1fi,745.85
DRUM DEPOSIT
55 gal. charge
$15.00'
-0-
$20.00
55 gal. credit
15.00*
-O-
20.00
tOnly fo
Varsol
drums
(iKV55 1 V I H L
LESS DISC.
SET TOTA L
ai
z
w
x
t�
N
H
CITY OF BAYTOWN
TITLE= PLAYGROUND EQUIPMENT BID TABULATION
BID sol] -18
DaTE� 11 -12 -80 - 9:30 a.m.
TEM
QTY
DESCR1PTlON
PERNirAIR�TENOEOPI
LE RECRN� ION
PUNIT � AEXTEN
UNITAN
EXTENOEOES
UN1T
0
UNIT
X NO
PLAYGROUND EQUIPMENT
per specifications
1.
2 ea.
Whirl
$ 563.0
$ 1,126.00
$ 567.0
$ 1,134.00
$ 626.
0 $ 1,252.00
NO BID
2.
2 ea.
Tot Swing
514.0
1,028.00
583.0
1,166.00
430.
0 860.00
NO BID
3.
6 ea.
Saddlemate Units
136.0
816.00
154.0
924.00
123.
0 738.00
NO BID
4.
2 ea.
Buck -A -Bout
831.0
],662.00
835.0
1,670.00
445.
0 890.00
NO BID
5.
4 ea.
Aluminum Park Benches
86.0
344.00
111.0
444.00
122.
0 488.00
NO BID
6.
2 ea.
Cliff Hanger Bridge
735.0
1,470.00
573.0
],146.00
531.
0 1,062.00
NO BID
7•
20 ea.
Aluminum Park Table
216.8
4,336.00
203.0
4,060.00
234.
0 4,680.00
NO BIO
8.
2 ea.
Basketball Backboard, Goalb Supp.
324.5
649.00
305.0
b10.00
305.
0 610.00
$ 385.0
$ 770.00
l��
2 ea.
Arch Swing
NO BID r
972.0
1,944.00
1,146.
0 2,292.00
1,170.
2,340.00
10.
1 ea.
Mufti -Tower Wood Unit
3,095.5
3,095.50
3,583.0
3,583.00
1,636.
0 1,636.00
NO BID
11.
2 ea.
Athletic Backstop
1,222.7
2,445.50
1,144.0
2,288.00
1,089.
0 2,178.00
],550.0
3,100.00
12.
35 ea.
Park Stove
67.5
2,364.25
66.0
2,310.00
73.
0 2,555.00
�NO BID
TOTAL BID
*$19,336.25
$21,279.00
$19,241.00
$6,210.00
DELIVERY ARO
30 - 45
days
30 - 45
days
30 day
30 days
*Deduct
dditional
5500.00
if awarded
all ite
s bid. A
5% cash
discount
is also
offered
CROSS rora�
LESS DISC.
NET TOTAL
Il Fl I \ /FRY
-- -- .__ _ _ .______ __ _ - . - .�� _ v
ATTACHMENT "C."
MEMORANDUM
TO: Fritz Lanham, City Manager
FROM: Bobby Rountree, Director Parks and Recreation
DATE: November 17, 1980
SUBJECT: Playground Equipment Bids
The following bids were received for playground equipment to be used at
Bayland Park, Barkuloo Park and replacement items at various parks.
I. Persenaire Playground Products
Item #
Each
Total
I. Whirl (2) $
563.00
$ 1,126.00
II. Tot Swing (2)
514.00
1,028.00
III. Saddlemate Units (6)
136.00
816.00
IV. Buck -a -bout (2)
831.00
1,662.00
V. Aluminum Park Benches (4)
86.00
344.00
X. Multi Tower Wood Unit
3,095.50
3,095.50
XII. Park Stoves (35)
67.55
2,364.25
$10,435.75
In items II and III Miracle does not meet the
weight specifications.
In item IV Miracle bid a smaller unit.
In item X Miracle bid a completely different
piece of
equipment than
was specified.
In item XII Vaughan and Associates did not meet
weight
specifications.
II. Vaughan and Associates, Inc.
$10,048.00
In item VIII Miracle does not meet the goal specifications.
In items VI and X Miracle bid a completely different piece of
equipment than specified.
In item XI Miracle bid a smaller backstop.
Item #
Each
Total
VI.
Cliff Hanger Bridge (2)
$ 573.00
$ 1,146.00
VII.
Aluminum Park Tables (20)
203.00
4,060.00
VIII.
Basketball Goals & Supports (2)
305.00
610.00
IX.
Arch Swing (2)
972.00
1,944.00
XI.
Athletic Backstop (2)
1,144.00
2,288.00
$10,048.00
In item VIII Miracle does not meet the goal specifications.
In items VI and X Miracle bid a completely different piece of
equipment than specified.
In item XI Miracle bid a smaller backstop.
ATTACHMENT "C." (CONT.)
The following options are available:
1. Total low bid meeting specifications - $20,483.75
2. Persenaire Playground Products did not bid on the arch swing. Total
low bid with the $500.00 discount totals -
$19,336.25
500.00 discount
$18,836.25
Total low bid meeting specifications less the arch swing -
$20,483.75
1,944.00
$18,539.75
3. (a) Persenaire Playground Products bid with the $500.00 discount
and the 5 percent discount with order -
$18,836.25
Qd1 Q1
41 1,5y4.gq
(b) Arch swing to Vaughan & Assoc. 1,944.00
$19,838.44
Persenaire Playground Products is a reputable firm that we have worked
with for years. Their delivery is good, their equipment is of the
highest quality and they stand behind their product.
If Persenaire Playground Products' discounts are accepted, we would
realize a savings of $645.31.
I recommend we accept option 3 and take advantage of the available
discounts.
bobby Rountree, Director
Parks and Recreation Department
BR /as
A
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x
H
GITY OF gAYTOWN
TITLE= REAR LOADING SOLID IJASTE COLLECTION VEHICLES gID TABULATION
8 � D: 1,_20
DATE 11 -18 -80 - 9:30 a.m.
TEM
QTY
DESCRIPTION
DAVIS TRUCK b EQUIPT
TEXAS MUN. TRUCK b E
.PORT CITY FORD TR.
AMBASSADOR EQUIPT.
UNIT
EXTENDED
UNIT
EXTENDED
UNIT
NO D
UNIT
EXTEND D
UNI
X N
REAR LOADING SOLID WASTE
COLLECTION VEHICLES
1.
2 ea.
per specifications - Diesel
$37,798.
0
$40,557.
0
$40,675.
0
542,297.
0
$75,596.00
$81,114.00
$81,350.00
584,594.00
Truck Make � Model �
GMC Dies
1 7000
GMC C7D
2
Ford L
000
Ford LN8
00
Truck Year
1980
1981
1981
1981
Body Make s Model
Heil - 4
00
Pak -Mor
R220
Pak -Mo
R220
Loadmast
r LM320
ALTERNATE
lA.
2 ea.
per specifications - Gasoline
$35,813.
0
$35,512.
0
NO BID
NO BID
S71,626.00
$71,024.00
Truck Make � Model
Ford -
LN 800
GMC C7D
2
Truck Year
1981
1981
Body Make E Model
Heil - 4
00
Pak -Mor
R220
DELIVERY:
]5 days
90 - 12
days
30 - 40
days
January
81
CROSS rora�
LESS DISC.
NE7 TOTAL
DELIVERY
,-,
E-�
z
O
.�
A
z
x
U
H
Ey
CITY OF BAYTOWN
TITLE: REAR LOADING SOLID WASTE COLLECTION VEHICLES CONT: B 10 TABULATION
BID 0ll -20
DATE
TEM
QTY
DESCRIPTION
GULF STATE CRANE
TRUCKS OF TEXAS
EXTENDED
UNIT
EXTENDED
UNIT
N
UNIT
EXTEND 0
UNIT
EX ND
KNIT
REAR. LOADING SOLID WASTE
COLLECTION VEHICLES
1.
2 ea.
per specifications - Diesel
$46,890.
0
S1+1,555
00
593,780.00
$83,110.00
Truck Make E Model
Ford -
LN 8000
GMC - C
D042
Truck Year
1981
1981
Body Make S Model
Leach -
aniCruiser
Leach -
Sanicruiser
lA,
ALTERNATE
per specifications - Gasoline
$38,586.
0
NO BID
$77,172.00
Truck Make � Model
Ford - L
8000
�
Truck Year
1981
Body Make ri Model
Leach Sa
iCruiser
DELIVERY
30 0 45
ays
10 days
ALTERNAT
lB.
Demonstr
for - 1980
Ford LN8
00 with
Leach Sa
iCruiser
_
Body. 2,
00 miles
Diesel E
gine
1 Truck
44,178.90
GROSS TOTAL
LESS DISC.
NET TOTAL
nELIVERY
i�