1981 02 12 CC MinutesW
10212 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 12, 1981
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, February 12, 1981, at 6:30 p.m.
in the Council Chamber of the Baytown City Hall with the fol-
lowing members in attendance:
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 with a quorum present
and the invocation was offered by Councilwoman Wilbanks.
Mayor Hutto expressed his deep appreciation for the
expressions of sympathy in the recent loss of his father.
Minutes
Councilman Johnson moved for the approval of the minutes
as submitted; Councilman Philips seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
Petitions
None.
City Manager's Report
Flood Insurance - At the last meeting, Council had
requested information regarding flood hazard zones and flood
insurance. Mr. Lanham referred to maps that had been posted
which depicted the various flood zone situations for Baytown.
There are three zones A thru C. Zone A is the area most prone
to flood. Flood insurance has recently increased and the cost
for providing flood insurance is based upon a base rate of
$20.00, plus coverage for contents and building. A single
story home worth $60,000 with $15,000 content in Zone A would
cost $192.50 per year to insure, while the same home in Zone C
would cost $90.00 a year to insure. Most of the city is in
Zone C. Council requested help from the news media to inform
citizens of this increase.
Postal service - Representative Jack Fields has scheduled
a meeting on March 2 at Jacinto City City Hall Council Room
to discuss postal service. Representatives of the postal
10212 -2
Minutes of the Regular Meeting - February 12, 1981
service will be present. From 8:00 a.m. to 10:00 a.m. elected
officials will be heard and from 10:00 a.m. to 12 noon, the
general public will be heard. Mayor Hutto will represent the
City of Baytown at this meeting.
Entex, Inc. Cost of Gas Adjustment - The Administration
has received notification from Entex, Inc. of a cost of gas
adjustment which will represent an increase of approximately
$.77 per month of 6,000 cubic feet. This increase will go
into effect after February 5.
Proposed Heliport - The Administration has receive notice
from the FAA of a proposed heliport to be located on Garth
Road south of Cedar Bayou Lynchburg Road. The application was
submitted by Gene Branscome Investments. The City of Baytown
does not regulate establishment of heliports, but does receive
notices of such application from FAA.
Criminal Justice Planning Fund - At the last Council meeting,
Council discussed the legislation proposed by the Governor
regarding the establishment of the Texas Criminal Justice Plan-
ning Fund. This was favorably considered by the Senate.
Local Regulatory Authority - Two years ago Council took
the position that local regulatory authority over electrical
and gas utilities should be maintained. Again, the legislature
will be considering this question. Council indicated to the
Administration that the position should be maintained.
Capital Improvements - All subcommittees of the Capital
Improvements Committee have been named and several have sched-
uled meetings.
Sick Leave Usage - The year -end sick leave report indicated
.5o decline in sick leave usage for those persons now employed
which compares very favorably with other organizations with
respect to sick leave usage.
1981 Street Improvement Program - The Administration is
working on the plans and specifications for the 1981 Street
Improvement Program based on the list of streets approved by
Council. The Administration plans to present those to Council
at the February 26 meeting.
East District Sewer Line - The contractor on the East
District Sewer Line has virtually completed the job. There
remains some cleanup and minor connections to be completed.
Drainage - City crews are working on Marvin Road which
is 50% complete; East Ward /Kilgore Road Project is approxi-
mately 6076 complete.
The Administration provided Council with a list of sub-
divisions, as well as commercial development that had received
approval of drainage plans. The developers of Country Meadows
had appeared before Council concerning their drainage plans
and had been directed to Mr. Dykes, City Engineer /Director of
Public Works. Since that time, that subdivision's plans have
been reviewed and approved.
Community Development - The Administration has received
notification from the Department of Housing and Urban Develop-
ment that the anticipated allocation for Community Development
Funds for fiscal year 1981 is $665,000 which is a 2% reduction
which has applied proportionately to all sections of the program.
10212-3
Minutes of the Regular Meeting - February 12, 1981
Data Processing - Dan Savage, Assistant City Manager,
gave Council a broad overview of what the city is doing in
the area of data processing. Currently, on the computer
at city hall there is a payroll system, budgetary accounting
system, payable system, tax and water billing systems, and
a municipal court bond report. The computer at city hall
is a Honeywell which was acquired in 1974 which is a batch
oriented machine. At city hall there are two persons who
are involved in the staffing of the computer operations --
computer operator and keypunch operator. In addition to
the two people at city hall, there is a computer operator
and keypunch operator working in computer operations at
the police building. One of the keypunch operators at
city hall is capable of operating the computer.
Currently, the only new system which is being developed
is the police application. That application is the result
of the city's efforts to obtain an LEAA Grant that was
released through the Texas Criminal Justice Council. Work
under that grant began in December, 1979. That grant period
expired in November, 1980. The police system itself is a
fairly sophisticated system which involves an on -line opera-
tion. In the police system there are six files which have
been linked -- name file (names, nicknames or alias),
numbers file (driver's license, social security or other
unique identifiers), physical description file (height,
weight, race, sex, other physical identifiers), address file
(residence, place of birth, employment), incident file
(documents particular offense for which arrested) and
vehicle file (describes the vehicles associated with an
individual or incident). These basic files are in place
and are linked together. The capability is there to retrieve
this information. There are as many as 64 variables.
In September, 1980, a basic decision was made in terms
of the police program to provide a jail system capability
which was not involved in the original concept of the police
system. That design problem has been resolved and the work
on programming is in process. Mr. Savage estimated that by
March, 1981 the programming for the jail system will be
complete. At that point in time, the basis of the nucleus
of the police system will be in place. There are a number
of output reports that will remain to be programmed. Design
of the police system was tailored to feed into the municipal
court system; however, the detail design of the municipal
court system has not begun.
In terms of the existing system, a committee has been
formed to review the status of current programs and that
committee will try to reach a consensus in terms of direction
needed regarding existing financial programs and also efforts
in other areas such as public works and personnel.
In terms of the report to be presented by the auditor,
Mr. Savage stated that there are comments in the report which
he strongly agrees with and that he felt that there are weak-
r111 nesses in the data processing area in terms of capabilities
in the financial area and certainly that would need work.
There are funds in the budget to acquire additional hardware
for applications beyond the police system. Specifications
will be developed based on estimate of equipment needs beyond
the police system and those plans will be presented to Council
for consideration sometime in mid - spring.
In response to a question from Council, Mr. Savage
explained that the design work and analyses work on the police
application is being performed by Bob Greer, Consultant,
along with Charles Shaeffer, Police Sergeant. During the
10212 -4
Minutes of the Regular Meeting - February 12, 1981
grant period, Sergeant Shaeffer worked strictly on the computer;
however, since that time he has been dividng his time. He does
meet with the computer staff and consultant on Monday afternoon
to plan the weeks work.
Councilman Cannon commented that some of the same comments
were made this year in the auditor's report as last year. He
felt that the auditor's report should not be taken lightly and
that those comments need to be addressed. If the problem is
that there is not enough expert help, Council should be advised.
In response, Mr.. Savage explained that last year, the city
was obligated to the police system due to grant obligations.
Councilman Philips stated that the city is investing more
and more time and staff toward data processing and it is obvious
that the program could go on and on. Therefore, he supports
Councilman Cannon's - position that more needs to be done on
the financial aspects. The cost to benefit ratio needs to be
considered.
In response to a question from Council, Mr. Savage explained
that there would be a built in factor to purge police and court
files when the records are no longer useful. At present for
instance there are 80,000 records in the computer which repre-
sents information on 9,000 individuals. Purging will be a
standard procedure in file maintenance.
Questions and Comments Regarding City Manager's Report
Councilman Philips expressed concern related to community
unrest in the area where the county is performing work under
its community development program. He requested that the
Administration be sensitive to this situation and do everything
possible to keep access to driveways and property available
wherever possible. The Administration has been attempting
to keep shell in the area; however, there will be several
days when residents will need to park and walk.
Councilman Cannon suggested that at the intersection of
Garth and Park the city might consider installing a right turn
arrow to turn right from Park onto Garth. He suggested that
other intersections in the city be considered for this type
installation in order to facilitate the movement of traffic.
Councilman Johnson mentioned that the light at the Olefins
plant is cycling on weekends. Council requested the Adminis-
tration study the possibility of removing the light.
Council discussed the proposed early release program of the
Texas Department of Correction. The Governor has indicated
that he will be scrutinizing the proposal very carefully. After
the Governor takes a position, the Council may discuss this
matter further.
Representative of Timber Ridge Addition Appeared
Mr. Damon Davenport, 3315 Cedar Hollow, representative of
the Timber Ridge Civic Association, appeared with regard to
cost of water to that addition. Mr. Davenport explained that
Timber Ridge consists of 49 lots with 28 homes. The addition
is located off Cedar Bayou Lynchburg Road, about one mile east
of Sjolander Road. Perry Walker developed Timber Ridge and
installed the two water wells and waterlines that are now in
use. In 1978, at Mr. Walker's request, the City of Baytown
10212 -5
Minutes of the Regular Meeting - February 12, 1981
assumed the responsibility of water wells, along with main-
tenance and billing. The residents of Timber Ridge pay twice
the base and one and one -half times the rate for water used.
Due to the cost of transferring to a surface water system,
the city has doubled the rate charged for water which has
been passed along to the residents of Timber Ridge based on
the above mentioned formula. The fact that this addition
is on a separate system altogether than the surface water
system, the residents of Timber Ridge feel that they will not
have the benefits of the more costly surface water that will
be used inside the city limits. The residents also feel that
the city has not incurred any additional costs in maintaining
the water wells as a result of transferring to the surface
water system. Therefore, the residents of Timber Ridge are
requesting that City Council consider charging Timber Ridge
users the current rate or a rate in parity with city dwellers.
In response to a question from Council, Mr. Lanham
explained that the justification for charging consumers
outside the city twice the base and one and one -half times
the rate for water service was that water facilities and
sewer facilities that have been constructed through the
years for the most part have been funded with tax bonds
and persons who reside outside the city limits do not pay
taxes. However, upon conversion to surface water, the
surface water rates are sufficient to pay principal and
interest on bonds to build the water plant and the trans-
mission lines to bring the water. The surface water facil-
ities will be funded through revenue bonds. Therefore,
the Administration suggested that Council allow the Adminis-
tration to look at the present policy with regard to all
users of water outside the city and come back to Council
with a recommendation.
Councilman Cannon stated that Mr. Davenport made a
good point, but by the same token, the City of Baytown was
forced to go from ground water to surface water because
Baytown was contributing to subsidence. Therefore, city
dwellers are having to pay increased rates while the resi-
dents of Timber Ridge are continuing to withdraw ground
water which is a factor.
Councilman Philips stated that the city would need to
be careful not to establish a policy which would encourage
ground water usage.
Mr. Davenport responded that he understood what Council
was saying; however, Timber Ridge Subdivision is a special
case and the residents of that area would not be addressing
Council had a surface water line been installed to that area.
Mayor Hutto stated that the Administration would look
into the matter and report back to Council.
Receive Annual Audit Report
Dave Start with the firm of Gerace, Hullum, Start &
Company, Certified Public Accountants, presented the audit
report for the year ending September 30, 1980. He reported
that the basic financial statements were prepared on an
accrual basis which is the same basis that the March 31 report
was prepared. Accrual basis recognizes revenues when earned
rather than when collected and recognizes expenses when
incurred rather than when paid. Due to the change from cash
to accrual basis, there are certain increases in the asset
10212 -6
Minutes of the Regular Meeting - February 12, 1981
and liability accounts, particularly in the area of taxes
where amounts are recognized as having been earned, but as
of year end not collected. Mr. Start briefly reviewed the
audit report and explained that the auditors' opinion
concerning the financial statements of the City of Baytown
contained two exceptions -- lack of general fixed assets
and consistency exception which deals with the change in
accounting principal. The auditors concur with the change
from cash to accrual basis. A management letter was fur-
nished, along with the audit report, which lists six areas
that need special attention. The first three points are
points which have not been made in the past, while the three
remaining points have been made in prior years.
Councilman Cannon requested that the Administration
develop a response to the six points raised by the auditors.
Councilman Cannon moved to accept the audit report;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
Greg Brittian, Antenna Maintenance, Inc. Will Appear
Mr. Brittian has requested to appear at the next Council
meeting.
Consider Proposed Ordinance, Extending New Franchise Agreement
with Teleprompter, Inc. for Cable Rate Increase
Since the last meeting, the proposed contract has been
altered to provide that the city can regulate cable rates
as opposed to regulation of rates in general and Section
17(a) was reworded to indicate that the company shall offer
15 channels rather than shall provide 15 channels. The
franchise is a non - exclusive franchise which retains the
three (3 %) percent gross fee. Teleprompter is agreeing to
make service available to the entire city as it now exists
within two years and will post $250,000 to insure this
accomplishment. If Teleprompter should fail to accomplish
this goal, the franchise agreement may be terminated. Since
the proposed ordinance deals with a franchise, there must
be three readings.
Bob Grady, the local manager for Teleprompter, was present
and explained that cable rate is anything that has to do with
subscribers directly. Other rates that may become involved
are those that would be advertising rates. At present, the
city has not elected to set rates for cable television service,
but according to the proposed franchise agreement, the city
would certainly have that option.
Councilman Johnson moved to adopt the ordinance on first
reading, including the two changes described by the City
Attorney; Councilwoman Caffey seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
10212 -7
Minutes of the Regular Meeting - February 12, 1981
ORDINANCE NO. 3074
AN ORDINANCE GRANTING TO SOUTHWEST VIDEO CORPORATION,
INC., (WHOLLY OWNED SUBSIDIARY OF TELEPROMPTER CORPOR-
ATION) THE RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT
WITHIN THE CITY OF BAYTOWN, TEXAS, A CABLE SIGNAL DIS-
TRIBUTION SYSTEM AND BUSINESS FOR THE PURPOSE OF OPERA-
TING A RADIO AND TELEVISION SIGNAL SYSTEM TO RECEIVE,
AMPLIFY AND DISTRIBUTE TELEVISION AND RADIO SIGNALS AND
TO ENTER UPON, ERECT, CONSTRUCT, MAINTAIN, EXTEND, RE-
PAIR, REPLACE AND REMOVE IN, UNDER, UPON, WITHIN, OVER,
ABOVE, ACROSS AND ALONG ANY AND ALL OF THE PRESENT AND
FUTURE PUBLIC ROADS, HIGHWAYS, STREETS, LANES AND
ALLEYS OF THE CITY OF BAYTOWN A SYSTEM OF POLE LINES,
POLES, FACILITIES AND APPURTENANCES NECESSARY FOR
RECEIVING, ORIGINATING, RELAYING AND DISTRIBUTING AUDIO
AND VIDEO SIGNALS AND AUDIO AND TELEVISION ENERGY TO
SUBSCRIBERS LOCATED IN AND ABOUT THE CITY OF BAYTOWN,
TEXAS, AS NOW EXISTING, OR AS SAID CITY LIMITS MAY
HEREINAFTER BE EXTENDED; PRESCRIBING THE CONDITIONS
GOVERNING THE OPERATION OF THE SYSTEM INSOFAR AS IT
AFFECTS THE USE OF PUBLIC PROPERTY FOR THE PURPOSE OF
SUCH SYSTEM, PRESCRIBING RULES AND REGULATIONS GENERALLY
FOR THE OPERATION OF SUCH SYSTEM UNDER THIS FRANCHISE;
AND PROVIDING FOR THE ACCEPTANCE OF THIS FRANCHISE BY
THE COMPANY.
Consider Proposed Ordinance, Delaying Water Rate Increase
Council approved a water rate increase with the
thought that surface water would be available by this time;
however, the Angleton Construction Company has been unable
to meet the pressure test requirements for the transmission
lines. Welders are presently working to repair leaks that
develop in the pressuring of the line this week. The
Administration recommended that implementation of the
increased rates be delayed one month so that the increase
would be included in the bills to be mailed in March.
In response to a question from Council regarding
how this delay will effect revenues, Mr. Lanham explained
that expenditures will be less since the plant will not be
in full operation. The Administration has revised its
estimate of expenditures and revenues and feel that if the
plant is operating with the increased billing by March, the
delay will not be crucial; however, if the problem is not
resolved by March, BAWA may be faced with the situation of
having to issue Certificates of Obligation for a short term.
Councilman Philips stated that it appeared that the
city is deferring this increase on a short term basis which
will ultimately result in another increase in rates later
in the year to recover. Councilman Philips inquired if the
costs had decreased as a result of not getting the water to
the extent that the city can afford to delay the billing?
Mr. Lanham responded that if the new rates become
effective with the March billing that would provide seven
months of increased revenues which should be sufficient to
recover.
Councilman Philips stated that he would prefer to
defer this action and offer a credit at a later date.
10212 -8
Minutes of the Regular Meeting - February 12, 1981
Councilman Cannon suggested that it might be feasible to
implement reduced rate or to institute the increased billing
with the understanding that if an adjustment is warranted in
the future that rates will be reduced accordingly for one
month.
Mr. Lanham explained that he would feel more comfortable
to institute the increased billing, but the fact that there
is no treated water in the lines will represent a problem.
Councilman Simmons moved to adopt the proposed ordinance,
delaying water rate increase; Councilman Johnson seconded
the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
and Caffey
Mayor Hutto
Nays: Council members Philips and Cannon
ORDINANCE NO. 3075
AN ORDINANCE AMENDING ORDINANCE NO. 3054 TO DELAY THE
EFFECTIVE DATE OF CHANGE IN WATER SERVICE CHARGE; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Authorizing Final Payment for
Park Street Improvements
The contractor has completed the improvement to Park
Street with the exception of minor items of cleanup. The
original contract amount was $535,532.50. Change orders
totalled $6,000 for a final contract amount of $581,262.80
which is an overrun of a little less than $40,000 or 7.3 %.
Most of the overrun was in the amount of miscellaneous
concrete that had to be removed and salvaging of existing
flexible base. The existing base on a portion of Park Street
was much thicker than the engineers had anticipated. Also,
more concrete driveways were required than anticipated in
the plans. The Administration recommended approval of the
payment which will be withheld pending completion of the
minor items of cleanup.
Councilman Johnson moved for adoption of the ordinance;
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caff ey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3076
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO MARATHON
PAVING AND UTILITY CONSTRUCTORS, INC., FOR THE PARK
STREET IMPROVEMENT PROGRAM.
Consider Proposed Ordinance, Awarding Bid for Purchase of
Pneumatic Boring Machine
The pneumatic boring machine is used for making water
and sewer taps by boring underneath streets. Two bids were
received. The low bidder was Conmaco, Inc. for the amount
of $2,808. The Administration recommended approval of the
low bidder.
10212 -9
Minutes of the Regular Meeting - February 12, 1981
Councilman Philips moved for adoption of 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. 3077
AN ORDINANCE APPROVING THE PURCHASE OF A PNEUMATIC BORING
MACHINE BY ACCEPTING THE BID OF CONMACO, INC. AND AUTHORIZING
PAYMENT BY THE CITY.
For tabulation, see Attachment "A."
Consider Proposed Ordinance, Calling Hearing on Proposed
Annexation of 5.574 Acres at the Northwest Corner of
Bush and Baker Roads (Cedar Ridge)
Gene Branscome Investments has made request to annex
5.574 acres at the northwest corner of Bush and Baker Road
(Cedar Ridge). There are plans to build apartments at this
location. The Administration recommended approval of the
ordinance, calling hearing on the proposed annexation for
February 26 at 7:00 p.m.
Councilman Philips moved for adoption of the ordinance;
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3078
AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC
HEARING ON THE PROPOSED ANNEXATION OF 5.574 ACRES, MORE
OR LESS, LOCATED WEST OF BUSH ROAD AND NORTH OF BAKER ROAD,
ALSO KNOWN AS CEDAR RIDGE, AUTHORIZING AND DIRECTING THE
CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARING; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
In response to a question from Council, Mr. Lanham
explained that the Administration is working on a recommenda-
tion for annexation in the area where the new sanitary sewer
trunk lines have been constructed.
Consider Proposed Ordinance, Awarding Contract for Improvements
to West Main Sewer Treatment Plant Centrifuge
One bid was received for improvements to West Main Sewer
Treatment Plant Centrifuge. The bid is for repairs plus some
materials. Oilgear Company bid $14,674. The Administration
recommended approval of the bid.
Councilman Johnson moved for adoption of the ordinance;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members
Wilbanks, Caffey
Mayor Hutto
Nays: None
Philips, Johnson, Simmons,
and Cannon
10212 -10
Minutes of the Regular Meeting - February 12, 1981
ORDINANCE NO. 3079
AN ORDINANCE ACCEPTING THE BID OF THE OILGEAR COMPANY FOR
REPAIRS TO WEST MAIN SEWER TREATMENT PLANT CENTRIFUGE AND
AUTHORIZING PAYMENT BY THE CITY OF THE SUM OF FOURTEEN
THOUSAND SIX HUNDRED SEVENTY FOUR & N01100 ($14,674.00)
DOLLARS WITH REGARD TO SUCH REPAIRS.
Consider Proposed Ordinance, Amending Chapter 21 of the
Code of Ordinances to Provide Regulations for Purchase of
Used Jewelry Other Than by Pawnbrokers
The proposed ordinance was discussed previously. The
Administration has included in the ordinance some of the
recommendations made and two sections have been provided
for Council consideration which would provide holding period
on all items for three days or certain items for three days.
Other than the options of a holding period, a new definition
has been added for bullion and appropriate changes with
regard to bullion have been effected throughout the proposed
ordinance.
One of the concerns expressed by the Chamber of Commerce
was that the term bona fide police officer is too broad;
however, this term is defined in state law and the generally
accepted definition is bona fide police officer. For this
reason, that term was not changed.
Councilman Cannon moved for the adoption of the ordi-
nance with the inclusion of the second option which provides
for a three -day holding period for used jewelry, precious
metals and semiprecious gems as defined in the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: Councilman Simmons
ORDINANCE NO. 3080
AN ORDINANCE AMENDING CHAPTER 21 BY THE ADDITION OF A NEW
ARTICLE ENTITLED, "PURCHASE OF USED JEWELRY OTHER THAN BY
PAWNBROKERS "; REGULATING CERTAIN PURCHASES OF USED JEWELRY
AND PRECIOUS METALS; PROVIDING DEFINITIONS; ESTABLISHING A
PERMIT PROCESS; ESTABLISHING A PERMIT FEE; REQUIRING CERTAIN
RECORDS TO BE KEPT BY PURCHASERS OF CERTAIN GOODS AT TEMPORARY
LOCATIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $200.00; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Mayor Hutto called a recess. When the meeting reconvened,
the following business was transacted:
Consider Proposed Ordinance, Authorizing Contract with Thomas
Y. Pickett for Appraisal of Oil, Mineral, Utility, and
Industrial Properties
The City Attorney submitted a modification proposal to
Thomas Y. Pickett regarding the proposed contract for ap-
praisal of oil, mineral, utility and industrial properties
which would allow the city to continue the services of Thomas
Y. Pickett past implementation of valuations by Harris County
Appraisal District. The company has agreed to this modifica-
tion.
10212 -11
Minutes of the Regular Meeting - February 12, 1981
Councilman Philips moved for the adoption of the ordi-
nance; Councilwoman Caffey seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3081
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
OF THE CITY OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A CONTRACT WITH THOMAS Y. PICKETT & COMPANY,
INC. FOR INDUSTRIAL APPRAISAL SERVICES, AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Consent Agenda
Mayor Hutto explained that unless a council member had
a question or expressed the desire to discuss an item sepa-
rately, the Chair would entertain a motion to approve the
consent agenda.
Councilman Philips addressed Proposed Ordinance
10212 -9, awarding bid for sale of city owned property. He
inquired what condition would be imposed on the new owner
of this property to assure that the property would be
refurbished?
The City Attorney explained that the property would
be deeded to the new owner and then that owner would have
the same obligations as that of any other property owner.
If the building is not refurbished, the Urban Rehabilitation
Board would handle the matter.
The Assistant City Attorney explained that he had
spoken to the prospective owner who explained his intentions
were to refurbish the building for use in his business.
The consent agenda was then considered as set forth
in the agenda packet as follows:
a. On February 10, 1981 one bid was received for the
sale of property at 514 East Texas Avenue. The
City is trustee for this property on behalf of the
City, Goose Creek Independent School District and
Harris County. It was acquired as a result of
delinquent taxes. The agenda packet includes a
tabulation of the only bid received. Douglas L.
Bess of Houston bid a total of $5,010 for the
property. A minimum bid of $5,000 was requested.
The revenue from the sale of this property will
be split among the three governmental entities
based on the pro -rata share of the outstanding
delinquent taxes. The City will receive around
$1,350.
We recommended approval of Proposed Ordinance No.
10212 -9, awarding the bid for the sale of city
owned property at 514 East Texas Avenue to Douglas
L. Bess.
10212 -12
Minutes of the Regular Meeting - February 12, 1981
b. On February 9, 1981, two
the purchase of computer
agenda packet includes a
The low bid was submitted
of Houston at a total cos
ment will be used to repl
forms detacher which has
will be used for this pur
nance No. 10212 -10, award
of the computer forms det
Forms.
bids were received for
forms detacher. The
tabulation of these bids.
by Moore Business Forms
t of $5,120. This equip -
ace the present computer
worn out. Budget funds
chase. Proposed Ordi-
s the bid for the purchase
acher to Moore Business
We recommend approval of Proposed Ordinance No.
10212 -10.
c. On January 26, 1981, ten bids were received for
the purchase of two industrial tractors and equip-
ment. The agenda packet includes a tabulation
of these bids. The low bid for item one was
submitted by Alvin Implement Company. That
firm bid a total of $15,716 for the purchase of
two tractors. The low bid for the one rotary
cutter was submitted by Watson Distributors but
that bid did not meet specifications because the
unit it bid was lighter than the weight specified.
The bid of Alvin Implement Company in the amount
of $1,250 is the low bid that meets specifications.
For item three bidders were asked to submit bids
on four flair mowers. The low bid of Tom Fairey
did meet the minimum weight specifications. The
low bid meeting specifications was submitted by
Jim Ball International at a total cost of $7,112
for four flail mowers. Proposed Ordinance No.
10212 -11, awards the bid for the purchase of two
industrial tractors and mowing attachments to the
low bidders meeting specifications. One tractor
will be used in the Parks Department and the
other will be used in the Wastewater Treatment
Division.
We recommend approval of Proposed Ordinance No.
10212 -11.
d. Proposed Ordinance No. 10212 -12 restricts
parking on the north side of Ward Road between
North Main Street and Houston. This item was
recommended by the Traffic Commission at its
January 26, 1981 meeting.
We recommend approval of Proposed Ordinance No.
10212 -12, restricting parking on Ward Road.
e. Last fall the Council authorized the City to make
application for an Intergovernmental Personnel
Act Grant to provide management level training
for city employees. The Texas Department of
Community Affairs has notified the city that it
has approved the IPA grant requested by the City.
The grant provides for funds in the amount of
$13,713. A local match of $13,713 is required.
A total of $8,787 of this amount is included in
the Personnel budget. The remainder will be
made up of inkind contributions, primarily in
the form of staff time. The grant contract
provides that the City will conduct nine seminars
at a rate of one per month, starting in May. The
City will hire outside trainers to conduct the one
10212 -13
Minutes of the Regular Meeting - February 12, 1981
day seminars. Topics will include technical,
professional self - development, personnel manage-
ment and organizational development issues.
Classes will include productivity measurement,
leadership styles, performance appraisals, and
management by objectives. The City will make
these training seminars available to employees
from neighborhing cities as part of the grant's
conditions. Proposed Ordinance No. 10212 -13,
authorizes the City to enter into an agreement
with the Texas Department of Community Affairs
for this IPA grant.
We recommend approval of Proposed Ordinance No.
10212 -13.
f. Annexation was recently completed on the Willow
Creek Shopping Center. This shopping center is
located at the northwest corner of the inter-
section of Garth and Baker Road. It borders only
Council District Six. Proposed Ordinance No.
10212 -14, places the shopping center in Council
District No. 6.
We recommend approval of Proposed Ordinance No.
10212 -14.
g. On Monday, February 2, a Gulf Pipeline ruptured in
the pipeline corridor south of Baker Road. As a
result of this event, a Civil Defense Emergency was
declared and sixty five homes,in the Country Club
Subdivision was evacuated until the danger posed
by the escaping butane gas could be eliminated.
Proposed Resolution No. 757, confirms the Adminis-
tration's declaration of an emergency.
We recommend approval of Proposed Resolution No.
757, confirming the declaration of Civil Defense
Emergency on February 2.
h. The agenda packet includes a letter from Mr. and
Mrs. Raymond Oiler of 3807 Hardin Road, requesting
water service outside the city limits. A city water
line runs in front of their house.
We recommend approval of the request for water
service outside the city limits.
Councilman Philips moved for the adoption of the Consent
Agenda Item Nos. 15a through 15h; Councilman Cannon seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3082
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE AND ATTEST TO A DEED TRANSFERRING PROPERTY ON
EAST TEXAS AVENUE, IN CONSIDERATION OF THE RECEIPT OF
THE SALES PRICE OF FIVE THOUSAND TEN & N01100 ($5,010.00)
DOLLARS.
10212 -14
Minutes of the Regular Meeting - February 12, 1981
ORDINANCE NO. 3083
AN ORDINANCE ACCEPTING THE BID OF MOORE BUSINESS FORMS FOR
ONE COMPUTER FORMS DETACHER AND AUTHORIZING THE PAYMENT BY
THE CITY OF BAYTOWN OF THE SUM OF FIVE THOUSAND ONE HUNDRED
TWENTY & N01100 ($5,120.00) DOLLARS.
For tabulation, see Attachment "B."
ORDINANCE NO. 3084
AN ORDINANCE APPROVING THE PURCHASE OF TWO INDUSTRIAL TRACTORS,
ROTARY CUTTER AND FOUR FLAIL MOWERS BY ACCEPTING THE BIDS OF
ALVIN IMPLEMENT FOR ITEM NOS. I, AND II, AND JIM BALL, INTER-
NATIONAL FOR ITEM NO. III; AND AUTHORIZING PAYMENT BY THE CITY
FOR EACH ITEM.
For tabulation, see Attachment "C."
ORDINANCE NO. 3085
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING THE ABOLISHMENT OF A CERTAIN PORTION OF
WARD ROAD BETWEEN HOUSTON & NORTH MAIN STREETS AS A RESTRICTED
PARKING ZONE; AND APPROVING THAT SAME PORTION OF WARD ROAD AS
A NO PARKING ANYTIME 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. 3086
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS
FOR PERSONNEL TRAINING SEMINARS AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
ORDINANCE NO. 3087
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
ADDING CERTAIN PROPERTY TO COUNCIL DISTRICT NO. 6: REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Consider Rejecting Bids for Purchase of Dump Trucks
Bids were taken on January 26, 1981 for cab and chassis
for six yard dump truck and for steel side dump truck. The
one bid which was received for the cab and chassis did not
meet specifications. Two bids were received for the steel side
dump truck. One bidder did not meet specifications due to the
fact that some items were inadvertently omitted; therefore,
the Administration recommended rejecting all bids and rebidding.
Councilman Johnson moved that the bids be rejected and
the Administration be authorized to readvertise; Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
10212 -15
Minutes of the Regular Meeting - February 12, 1981
Councilman Philips requested that the Administration
furnish Council with a list of companies that received bid
invitations.
Council also suggested that the purchasing department
for its own benefits should make an attempt to learn the
reason companies are not responding.
For bid tabulation, see Attachment "D" and "E."
Receive Report on General Telephone Rate Increase Request
Danny Jackson, Assistant City Attorney, attended a
meeting in Irving last week which was sponsored by Texas
Municipal League to discuss the strategies to be used in
the rate case filed by General Telephone for 44.6 million
state -wide increase. The company requested an increase
six months ago for 58.3 million, but was awarded 31 million
with a 4 million penalty for quality of service. The Public
Utilities Commission held a hearing on the request on
February 10 and has set another hearing on March 31 to
consider quality of service from individuals throughout
the state who are affected. A steering committee composed
of representatives from various governmental entities
throughout the state has been appointed to make decisions
as to how the case will proceed before the Public Utilities
Commission. At the meeting in Irving, it was decided that
Don Butler would again serve as General Counsel. Touche
Ross will again serve as the accounting consultants and
John Bell will assist Don Butler. Mr. Bell was previously
General Counsel for the Public Utilities Commission.
Councilman Philips inquired if the Administration is
prepared to present information regarding the quality of
service in Baytown?
Mr. Jackson stated that at this point, there is no
data compiled and he mentioned that some cities have
compiled information by sending an information card
regarding telephone service out with water bills.
Councilman Johnson inquired if perhaps it would be
a good idea for the City of Baytown to attempt to solicit
facts concerning service?
Mr. Jackson stated that that would be a good thing
to do since that is what the whole strategy will be based
on -- quality of service.
Councilman Philips stated that the city should consider
obtaining some feedback since from time to time complaints
have been expressed by various citizens.
The City Attorney stated that he had recently been
contacted by citizens who are interested in the hearing
and have indicated that they plan on being in Austin for
the hearing.
Councilman Johnson inquired if it would be possible
to hold meetings at City Hall to develop data. Since
Baytown is one of the largest users of General Telephone,
Baytown should have a great deal of input at the hearing.
Mayor Hutto stated that Council should bear in mind
that if City Council instructs that a hearing be held in
Baytown, many citizens will feel that Baytown can regulate
telephone service.
10212 -16
Minutes of the Regular Meeting - February 12, 1981
Councilman Johnson concurred that possibly a hearing may
not be the best thing, but he did want to emphasize that
Baytown should have some means of input.
The City Attorney mentioned that in the prior rate case,
there was an investigation made concerning General Telephone
service and as part of that the General Counsel was given
authority to conduct investigation. Therefore, as part of
that investigation, they may hold some hearings for citizen
input.
Councilman Philips stated that he would like to propose
that the Administration be requested to send a communication
to this sub - committee that will be investigating General
Telephone's performance, to invite them to have a mailing
questionnaire sent to Baytown customers to get statistical
feedback.
During the last request for increase, cities contributed
to defend their case before the Public Utilities Commission
and were told that any money left would be proportionately
returned. Since a new rate case has been filed, it has been
suggested that that money be used to defend the cities case,
along with another contribution from each city based on
population as reflected in the latest Texas Municipal League
publication at $.15 per capita.
The Administration will place an item on the next agenda
in this regard.
Consider Confirmation of City Manager's Appointment to Civil
Service Commission
The City Manager requested confirmation of the appoint-
ment of Richard DeSalme to serve as Civil Service Commissioner.
Councilman Johnson moved to confirm the appointment of
Richard DeSalme to the Civil Service Commission; Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
Consider Confirmation of City Manager's Appointment to
Library Board
The City Manager requested confirmation of the re-
appointment of David Kadjar, Mary Keating and Lawrence Reilly
to the Baytown Library Advisory Board and the appointment of
Mrs. Fred Hartman to replace Mr. E. C. Woods.
Councilman Philips moved to confirm the City Manager's
appointments to the Baytown Library Advisory Board; Council-
woman Caffey seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
10212 -17
Minutes of the Regular Meeting - February 12, 1981
Consider Appointments to Urban Rehabilitation Standards
Review Board
Appointments to be made at the next regular meeting.
Consider Appointment to Clean City Commission
Appointment to be made at the next regular meeting.
Consider Appointment to Electrical Board
Appointment to be made at the next regular meeting.
Taxation of Bank Stock
The Administration has received a letter from Texas
Municipal League requesting Council's opinion on an issue
that has been litigated and that may be considered in
proposed legislation. The City Attorney explained that by
state statute various governing bodies are entitled to tax
banks on their real estate and calculate the value of bank
stock less the real estate to determine a tax for the value
of stock. In Dallas, the banks consolidated to file a lawsuit
last year to contest this. The cities lost the lawsuit which
was appealed to the Court of Civil Appeals and recently the
Court of Civil Appeals held in favor of the cities. It is
very definite that the banking association will appeal that
decision to the Texas Supreme Court. Because this is a very
important issue, this will probably be appealed to the Supreme
Court of the United States. The Texas Bankers Association
has proposed legislation that would offer a solution to the
problem. What the legislation would do is exempt bank stock
from taxation, but in return banks would subject themselves
to franchise agreements. According to calculations made by
the Texas Municipal League, this proposal would result in
approximately 25% less income to the various governmental
entities. If cities agree to this, the cities would be
agreeing to take less money, but would be assured revenue
from the franchise agreement. Whereas, a court decision
could mean a decision in favor of the banks and complete
loss of that revenue. Texas Municipal League is requesting
some guidance from cities.
Mr. Lanham explained that what Texas Municipal League
is requesting is whether the city would want to compromise
and take 25% less income or take a chance on the outcome
in Court.
Council indicated that the compromise would be the best
alternative.
Councilman Cannon mentioned the report which had been
furnished to Council that had been developed by the Police
Department. The report contained five -year statistics on
crime, traffic, accidents, etc. Also, included in the report,
was a letter from Mr. Mack Cook with the First Baptist Church
regarding the Chaplain Corps within the police department.
Councilman Cannon requested that a resolution be placed on
the next agenda commending Mr. Cook and the Chaplain Corps
for their involvement.
10212 -18
Minutes of the Regular Meeting - February 12, 1981
There being no further business to be transacted, the meeting
was adjourned.
,,, - -, � P, 2�/�
een P. Hall, City Clerk
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CITY OF BAYTOWIV
TITLE: PN 11AMTl _ ARTH PIFRCINf, TQnI B�D TABULATION
B � D: 812 -3�1
DATE- FFRRIIARY � 1gf�1
TEM
QTY
DESCRIPTION
17
EXTENDED
UN17
EX NDED
UNIT
NO 0
UN1
EXTEND D
UNI
X NOED
R
1
1 each
PNEUMATIC EARTH PIERCING TOOL,
$2,808.00
$2,861.00
Per specifications
Brand Name
Schramm
neumagopher
Schram P
eumegopher
Delivery A.R.O.
10 Days
3 Days
GROSS TOTAL
LESS Drsc.
NET TOTA L
f► ►vF�v
,�
ti
TI'f I_ E� COMPUTER FORMS DETACHER
Q 1 D: 812 -33
pA1-�; 2 -9 -81 - 9:30 a . m.
1
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,:;`,
r:
:,��
��;;
Jk�%.t . .
QTY DESCRIPTION
COMPUTER FORMS DETACHER
per specifications
MAKE /MODEL
DELIVERY A.R.O.
GROSS TOTAL
HESS Drsc.
NE7" TOTA L
"�'1 !VERY
CITY OF BAYTOWN
B1D TA BULAT! ON
oore Business Forms UARCO
UNIT EXTENDED UNIT EXTENDED UNIT NO UNIT EXTEND UNI EX NDED
$5,120.00 $1,153.00
Moore 385 -2 Uarco 2060 -2 �.
4 days 3 weeks
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T1TL E:INDUSTRIAL TRACTOR AND EQUIPMENT
OATS= January 26, 1981 - 9:30 a.m.
GITY OF BAYTOWN
BID TABULATION
TEM
QTY
DESCRIPTION
A UNITIMPEXTENDEO
JUNf7 IXTENDED
UNIT XT ND
U 1 NO D
UNIT EXTENDED
INDUSTRIAL TRACTOR AND EQUIPMENT
S7,858.0
58,734.0
$9,199.0
510,163.
0
S9 ,933.0
per specifications
1 16.00
17,468.00
$18,398.00
$20,327.60
519,866.00
. l
2 ea.
Tractors
MAKE /MODEL
Case 380
International
240
Ford 36
0
Ford 41
0
Ford 410
2
1 ea.
Rotary Cutter
$ 1 2 0.00
$ 1,516.00
$ 1,475.00
$ 1,475.00
S 1,371.00
odern Hi
-Way
MAKE /MODEL
Cyclone
0
Cyclone
60
Cyclone
0
Bush Hog
3058
3
4 ea.
FlailMowers
$1,990.0
$1,778.0
$2,085.0
$2,085.0
$1,873.0
S 7,960.00
S 112.00
$ 8,340.00
$ 8,340.00
S 7,492.00
ott 7
MAKE /MODEL
Mott 74
ott 74
Mott 74
Mott 74
TOTAL 61D
$2 ,09 .00
�2�1.6tf
2 ,92 .00
528,213.00
530,142.60
DELIVERY A.R.O.
15 days
45 days
Stock t
6 weeks
Stock to
6 weeks
5 - 10
ays
i
���
�rru�.� i v � H L .
LESS �DlSC
NET IOTA L
�t IUFF?Y .. ..�. . ___.��____ --
.� -..-. ..... �.-. .�....swr.�...z- .ti..w,..co+.s.m -s�s.�s.+u�ane'aa
..
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TITLE: INDUSTRIAL TRACTOR AND EQUIPMENT
DgTE; Janu�ry 26. 1981 - 9:30 a.m.
G1TY OF BAYTOWN
B!D TA BULAT! ON
TEM
QTY
DESCRIPTION
"UNITE UEXTENDEO
OUNIT EXTENDED
UNIT X N
DI XT NO 0
UNI X NO
INDUSTRIAL TRACTOR AND EQUIPMENT
$10,688.
0
$11,503.
4
10.936.
0
$14,068.
0
9,501.
6
Cant:
1
2 ea.
Tractors
$21,376.0
$23,006.68
$21.,872.00
$28,136.00
$19,002.52
MAKE /MODEL
JD 301A
JD 302
Kubota
4500
Jacobson
G -20
Ford 41
0
2
1 ea.
Rotary Cutter
$ 1,497.0
$ 1,558.00
$ 1,530.00
�
$ 1,085.00
$ 1,552.50
MAKE /MODEL
Cyclone
60
Modern 4
3Ci
Modern
-Way
oods Ca
et 60
Cyclone
60
$ 1,786.
$ 1,681.
2
2,097.
0
$ 2,321,
o
No Bid
$ 7,144.0
�
$ 6,725.28
$ 8,388.00
$ 9,284.00
3
4 ea.
Flail Mowers
MAKE /MODEL
Jp 25A
JD 25A
Mott 74
Mott 74
30,017.0
31,2 9.9
X31,790.00
�3�505.00
$20,555.02
TOTAL BID
45 - b0
ays
60 days
30 days
60 days
10 days
DELIVERY A.R.O.
-tiDoes no
meed
�= Does n
t meet
specifi
ations
specifications
- -�_ �....r_ .
(�FdV.75 f V 1 H L
LESS DISC.
�V�T TOTi4 L
"1w 1VFRY
. . �.__ - -� - -- . - --- -- - - - -� _.__._._..__..I' -�- -- .._.___ _ ..._ _._.._. ��..___.____ --- . -- w
' CAB AND CHASSIS FOR SIX YARD DUMP TRUCK
TITLE:
BIp� 811 -31
DA7'�. January 26, 1981 - 9:30 a.m.
7-� QTR pESCRIPTION
A
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CITY 01= BAYTOWN
B10 TABULATION
TIMMERS CHEVROLET
UN! EXTENOEO UN1_ _ E)CTENDEO UN!
1 1 each Cab and Chassis � S18,064.25
MAKE /MODEL Chevrole C7D042
DELIVERY A.R.O. 90 - 120 days ,
*Does no meet
specifi ations
One company submitted a No Bid
r" .
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•�`
..,;
�l •
•�
L q�fi(
�� � GROSS TOTAL
.;
"" � � �._ESS DISC.
-;
1ET TOTAL .��
!T I EXTEN
TITLE= STEEL SIDE DUMP TRUCK
sro :. 8 „ -30
DA -i-E. January 26, 1981 - 9:30 a.m.
GlTY OF BAYTOWN
81D TABULATION
QTY DESCRlPTlON uNlr EXTENDED UNIT ED
STEEL SIDE DUMP TRUCK
per specifications $18,023.81 $23.561.00
MAKE /MODEL Internat onal 1981 Chevrol t C70042
DELIVERY A.R.O. 90 days 145 day
• r
:.
GROSS TOTAL
LESS DISC.
VET IOTA L
. FI rvFRY
UNIT
UNI XTf LADED � UNI