1981 03 26 CC Minutes10326 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 26, 1981
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, ?larch 26, 1981, at 6:30 p.m. in
the Council Chamber of the Baytown City Hall with the fol-
lowing 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 Councilman Philips.
Minutes
Councilman Johnson moved for approval of the minutes
of the March 12, 1981, meeting; Councilwoman Caffey seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Caffey and Cannon
Mayor Hutto
Nays: None
Receive Petitions
None.
City Manager's Report
Civics Day - Today, at City Hall, 150 Sterling High School
students assumed the positions of their counterparts on the
city staff. A mock Council meeting was held where the students
handled several of the city's problems. Dan Savage, Assistant
City Manager, coordinated efforts with the school. The day
was very productive for all participants.
Houston Lighting and Power.- The April billing for con-
sumers using 1,000 KWH will be $56.38, an increase of $1.49
over the fuel cost for the month of March.
Thompson Road BAWA Line - Last week nitrous oxide gas
was pumped into the line to help locate the leaks. Using
this method of detection, a valve was found to be leaking.
The valve is very important because it connects the Thompson
Road line to the Lynchburg Cedar Bayou line which goes east.
The valve was removed and a blind flang was installed. After
plugging this line, the pressure tests resumed and over the
weekend another leak was found at a joint which was welded
both inside and outside on Tuesday. Yesterday, the contractor
10326 -2
Minutes of the Regular Meeting - March 26, 1981
began putting water back into the line, along with the gas,
therefore, the consultants working to detect leaks will be
working in that direction again. What the contractor is
doing now seems to be the proper way to go about testing the
line.
Capital Improvements Program - Council was furnished with
the report that was given to the Steering Committee which in-
cludes reports from all the subcommittees with the exception
of the Finance Subcommittee. The Steering Committee will
meet again when the Finance Subcommittee is ready to make its
report. At that time the Steering Committee will begin its
work of finalizing a recommendation for Council.
*Councilwoman Wilbanks present.
Houston - Galveston Regional Transportation Study - Council-
man Philips is Baytown's representative on this committee.
The Administration has received a report from this group
which lists the various projects that are scheduled for con-
struction within the next year and those that are scheduled
in future years. The projects that are presently being con-
structed in Baytown include Loop 201, from Spur 330 to McKinney
with the expected completion date of 1982. Projects that are
scheduled to be contracted in 1981 include: State Highway
146, from Ferry Road to Chambers County and State Highway 146,
from the Cedar Bayou Bridge to Interstate 10. The portion
outside the city is expected to be contracted in the fall of
1981. It will be a four -lane concrete highway with a left -
turn lane. The portion within the city is scheduled for
completion in 1984. It will be a six -lane divided highway.
The highway department expects to award the contract in 1981
on Loop 201, from Hunter Street to Highway 146 at McKinney
Road. The construction in progress now is Phase I - -this will
be Phase II which will ultimately be a six -lane expressway.
Loop 201 from State Highway 146 at McKinney on to Ferry Road
is scheduled for completion in 1984. It too will be a six -
lane divided highway with a grade separation at Highway 146.
Spur 55 is partially completed. The portion in Harris County
and the bridge is completed. That portion is scheduled for
letting on April 15 and that will be a 27 -foot paved street.
There are other sections of highways in the Baytown area that
are included in the 20 -year plan which areas are included on
a map depicting proposed road work. State Highway 146, from
Loop 225 to Loop 201 is scheduled for a four -lane bridge
between 1984 and 1986. Spur 330 to McKinney Road, a six -lane
expressway, is also scheduled in that time period. The final
phase would be in the time frame 1987 to 2000. All of this
is an indication that the highway department does intend to
proceed with the projects that are underway in the Baytown
area. Of course, funding reductions at the federal level
would have an impact on all these projects.
Councilman Philips explained that the purpose of this
committee is to coordinate roadway programs for the thirteen -
county area, including state highways, interstate highways
and county roadways. As this report indicates, Baytown is
receiving its just share of improvements for the thirteen -
county area.
Baker Road - Mayor Hutto inquired if the Baker Road
contract had been let? Mr. Lanham responded that he would
have to check and report back.
Redistricting - The state legislature is required to
redistrict the state for purposes of the election of congress-
men, state representatives and state senators. On Monday,
April 20, in Austin, hearings will be held on the Harris
10326 -3
Minutes of the Regular Meeting - March 26, 1981
County portion of redistricting. On April 27, the metro-
politan hearings will be continued and testimony on the
draft proposals will be submitted. The first hearing is
general testimony. The Baytown Chamber of Commerce has had
a committee working on this question and a copy of the reso-
lution adopted by the Chamber in this regard was furnished
to Council. The Chamber of Commerce resolution states that
the Chamber's first priority in redistricting is that Baytown
stay whole and undivided in representation. Section 1 of
the resolution proposes that the Senate District for east
and northeast Harris County be bounded on the south by the
Houston Ship Channel, on the east by the Harris County line
and the north and west from the intersection of such bound-
aries a sufficient distance to make up a contiguous district.
Section 2 of the resolution proposed that the Congres-
sional District be considered in the same manner as the
Senatorial District.
Section 3
Representative
Jacinto River,
on the east by
ward within sup
up a district.
of the resolution proposes that the State
District be bounded on the west by the San
on the south by the Houston Ship Channel,
the Harris County line, continuing north -
::h boundaries a sufficient distance to make
The Chamber of Commerce resolution will be given to
the Speaker of the House tomorrow since he will be in Bay-
town for the Chamber's weekly luncheon meeting.
Council requested that the Administration develop a
resolution for the next Council meeting for consideration
by Council.
Councilwoman Wilbanks stated that she would be willing
for the Mayor, as representative of the city, to indicate
to ?sir. Clayton tomorrow that the City Council is looking
at this and that Council is interested in keeping Baytown
a whole unit.
Bayland Park - The Administration has submitted a
request to the Corps of Engineers to fill an area on the
east side of Bayland Park as material becomes available
to build the area up about 5� feet. This would not affect
the area that the city was required to set aside when the
Market Street bridge was constructed.
Councilman Philips requested that the Administration
check into the possibility of placing fill in the area south
of Park Street and east of Decker Drive where the two columns
from the old Busch Ranch remain. This is an unsightly area
which is very low. Mr. Lanham stated he would look into the
matter.
Signalization - The City of Baytown is receiving some
rlll highway department funding for signal improvements. There
are seven locations involved. Pruett and Williams, Bob
Smith and Main, and James and Main are essentially complete
and in operation. The remainder are about ninety (90 %)
percent complete. Those remaining are on Main at Midway,
Harold, Cedar Bayou, Park and William /Hines intersections.
Community Development Program (Cherry and Pine Streets) -
About eighty (80 %) percent of the storm sewer system has been
installed.
10326 -4
Minutes of the Regular Meeting - March 26, 1981
East District Sanitary Sewer Project - All the lines and
force lines are in place. The project is about ninety -five
(95 %) percent complete. The final connections cannot be made
until the lift station is complete. The lift station contractor
has completed the structural work and expects delivery of the
mechanical equipment in June.
Sliplining - On the sliplining contract which was awarded
on emergency basis, the contractor has pulled the liner through
the line and taps are now being made.
Drainage - City forces have completed drainage work on
Marvin Road and Craigmont Boulevard. The Yard /Kilgore Road
Project is ninety (90%) percent complete and two minor projects
on Crow Road and Stella Street have been completed.
Water line repairs - The utility construction crew has
completed the installation of a six -inch line on Oakmont
and the replacement of the two -inch water line on Fleetwood
is approximately ninety (90%0) complete. Two -inch and eight -
inch lines on Dorris Street have been relocated due to Commu-
nity Development Projects being performed by Harris County.
Questions Regarding City_ Manager's Report
In response to a question from Councilman Johnson, Dan
Savage, Assistant City Manager, stated that he was of the
opinion that at least fifty (50 %) percent of the Community
Development Funds may be expended toward rehabilitation out-
side the target area.
Councilwoman Wilbanks reported that one of the staff
members of H -GAC had commented that by far Baytown had devel-
oped more constructive and innovative uses for Community Devel-
opment monies than any other community that he had visited.
Councilman Cannon expressed concern that Baytown is with-
out an ordinance regulating massage parlors and nude modeling
studios. Iie requested that the Administration draft an ordi-
nance to provide Baytown with maximum protection with regard
to the establishment of these type businesses.
Mr. Lanham responded that the Administration would prepare
such a document for Council consideration. He mentioned that
the county and other cities are regulating this type activity
and a city with no regulations could be a place where these
establishments would open.
Representatives of Timber Ridge Will Appear
Mr. Scott Goodman, representative of Timber Ridge addition,
appeared to request that Council reconsider the ordinance on
which no action was taken last meeting concerning establishment
of rates for users of water outside the city limits. He pointed
out that if the policy remains as is, residents of Timber Ridge
will be paying $40.50 per month just for water.
The Administration had developed figures to show Council
what rates would be under current policy which is twice the
minimum, plus 1A times above the minimum. At the old rates,
7,000 gallons of water was $12.49; sewer, $15.40 for a total
of $27.89. Under the new rates, the costs for 7,000 gallons
of water, would be $22.00 for water; $15.40 for sewer for a
total of $37.40. The recommendation of the Administration was
that all users of water outside the city limits be charged the
same as users of water inside the city limits, with a $3.00
10326 -5
Minutes of the Regular Meeting - March 26, 1981
surcharge to users of water outside the city limits. The
sewer charges would still be assessed on the formula twice
the minimum, plus 11 times above the minimum.
In the discussion, Councilman Philips pointed out that
it would be prohibitive for the city to furnish residents of
Timber Ridge with surface water at this time, but at some
future date this would be feasible.
In response to a suggestion that the well system be
donated to the residents of Timber Ridge for maintenance
and that the City of Baytown continue to provide sewer
service, the City Attorney stated that the city must receive
fair market value for city property; therefore, the city
would be unable to donate the system to the residents. A
lease could be arranged, but again the lease would have to
be on fair market value.
Councilman Simmons requested that the original ordi-
nance be put on the next Council agenda for consideration.
Mr. Lanham reminded Council that the reason the city
agreed to take over the water and sewer system in Timber
Ridge was that citizens of Whispering Pines objected to
the fact that effluent from the Timber Ridge sewerage treat-
ment plant would flow into a small ditch that flows through
Whispering Pines and into Cary's Bayou.
Council had no objection to the request of Councilman
Simmons that the original ordinance be put on the next
Council agenda.
Consider Proposed Ordinance, Providing for Approval of Road-
way Listings and Maps Updating Municipal Maintenance Agree-
ment and Authorizing Execution of Same
The City of Baytown has a municipal maintenance agree-
ment with the highway department that applies to various
highways and highway department facilities within the city
limits. This proposed agreement will simply update that
agreement. The proposed agreement adds highways that have
been annexed or constructed since 1968 -- Loop 201 from West
Main to Decker Drive, Spur 330 from Airhart to Loop 201 and
portions of Interstate 10 that have been annexed, including
the traffic signal that has been installed. Spur 55 is not
included, therefore, probably in the future an update will
be required to add that. No changes have been made in the
wording of the agreement.
Councilman Philips moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3111
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST
TO AN AGREEMENT BETWEEN THE CITY OF BAYTOWN AND THE STATE
DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION UPDATING
THE MUNICIPAL MAINTENANCE AGREEMENT BETWEEN THE PARTIES,
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
10326 -6
Minutes of the Regular Meeting - March 26, 1981
Consider Proposed Ordinance, Approving an Agreement Between
the City of Baytown and Creditors Financial Services, Inc.
for Collection of Utility Office Write -Off Accounts
Council had been provided with a memorandum from Pete
Cote, Utility Office Manager, which sets forth the present
procedures utilized to collect write -off accounts and the
proposed procedures that would be utilized should Council
elect to enter into an agreement with Creditors Financial
Services, Inc. for collection of utility office write -off
accounts. Under the terms of the proposed agreement, the
collection agency will receive fifty (50 %) percent of the
revenue that is collected from write -off accounts. Approval
of this agreement will speed up the process for collection
of delinquent final accounts which total more than $30.00.
The legal department does not have the time to attribute to
collection to do an effective job. The Administration
recommended approval of the ordinance, authorizing an agree-
ment between the City of Baytown and Creditors Financial
Services, Inc. of Houston. Last year, approximately
$30,000 was written off as being uncollectible. The total
billing for the year was approximately one (1°x'0) percent.
Council would be authorizing participation under the
direct collection method of the agreement and the agreement
can be terminated upon 30 days written notice by either party.
The agreement does provide that the collection agency may
accept less than the amount owed, but the City of Baytown
may not do so.
In response to an expression of concern by Council
regarding Item No. 12 of the agreement, Mr. Cote explained
that the city does not go to court very often on these
accounts, but the situation as far as court costs are
concerned would be the same. When the legal department
files for judgment, courts costs must be paid. No legal
action is taken by the company without the city giving
prior notice in writing to do so.
Mr. Lanham explained that he had been in contact with
the manager of one of the utility companies who stated
that a similar system is utilized to collect that company's
write -off accounts.
Councilman Simmons stated that the whole intent is to
collect the uncollectible accounts and whatever is collected,
the city will have that much to its credit and as far as the
legal technicalities of the contract, if the legal department
has examined the document and finds no problem, then there is
no reason not to enter the contract.
Councilman Johnson moved to adopt the ordinance; Council-
man Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caff ey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3112
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE
CITY OF BAYTOWN TO EXECUTE A CONTRACT WITH CREDITORS FINANCIAL
SERVICES, INC. FOR COLLECTION OF UTILITY OFFICE WRITE -OFF
ACCOUNTS; AUTHORIZING PAYMENT BY THE CITY OF FIFTY PERCENT (50%)
OF SUCH WRITE OFF ACCOUNTS COLLECTED UNDER SUCH AGREEMENT; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
10326 -7
Minutes of the Regular Meeting - March 26, 1981
Consider Proposed Ordinance, Amending Contract for Sanitary
Sewer Services Between Lake Municipal Utility District
and the City of Baytown
Randy Strong, City Attorney, explained that in December
Council approved an agreement between the City of Baytown
and Lake Municipal Utility District which agreement is very
similar to the basic contract for sanitary sewer services
that has been used for other utility districts. There were
some minor adjustments to the contract due to the large
capital buy -in fee being assessed Lake Municipal Utility
District. Lake Municipal Utility District is having problems
getting their bonds approved by the State because the con-
tract is for a five -year period with renewal options. There-
fore, Lake Municipal Utility District is proposing that the
City of Baytown amend this contract to enter into a forty -
year contract.
Andy Johnson with the firm of Rowe, Hay & Young, was
present to answer questions. Mr. Johnson explained that
when the district presented its bond proposal to the State,
the State felt that since the district is putting up
$525,000 toward the capital improvements of the sewer sys-
tem that in the event the contract was terminated by the
City of Baytown, the residents of the district would be
paying taxes on $525,000 which they would be receiving no
benefit from. Therefore, the State suggested that the
district would do either of the following: (1) increase
the term of the contract to statutory maximum which is
40 years, or (2) work out some reimbursement provision
with the city so in the event the contract were terminated,
the district could recoup some of its cash. Lake Municipal
Utility District is interested in receiving the sewer service,
therefore, the decision was made to request an amendment to
the contract.
In response to a concern of Council regarding the con-
tract expansion to 40 years, the City Attorney explained
that if either party defaults, the contract may be termi-
nated.
Mr. Lanham pointed out that the City of Baytown will
be guaranteeing the district sewer capacity for the next
40 years.
Mayor Hutto stated that that is correct and during
that period the City of Baytown would be utilizing the
$525,000 to accomplish that. He also stated that it is
quite common for an utility district to need a lengthy
agreement of some sort as a basis for their bonded indebted-
ness.
Mr. Johnson, in response to Councilman Cannon's inquiry
regarding whether 25 years would provide ample protection,
stated that the typical situation is that when the district
matures and the bonds are paid down, the city annexes the
district.
In response to a question from Council, the City Attor-
ney explained that the present contract provides for five
year term with renewal options and a provision of two years
written notice in the event the city desires to cancel the
contract. In any event, the contract can be terminated for
breach of contract.
10326 -8
Minutes of the Regular Meeting - March 26, 1981
Mr. Lanham pointed out that one reason that the city may
want the longer contract is that the city would prefer that
the district not terminate the contract after 10 years and
build a sewerage treatment plant. At the last Council meeting,
the point was made that the city would not like to encourage
the construction of a sewerage treatment plant by another
entity to the north.
Mr. Johnson stated that a reimbursement type amendment
could be worked out where the city would pay a prorata share
of the $525,000 back to the district in the event the contract
were terminated. Some sort of sinking fund would need to be
provided in the event the city elects to do this.
In response to an inquiry from Council regarding the
proposed 40 -year term, 'sir. Johnson explained that he had
been contacted by the Texas Water Rights Commission regarding
the length of the contract and he had simply asked if 40 years
would be satisfactory. Mr. Johnson stated that if Council
desired, he could contact the commission to determine if 30
years would be acceptable. However, the approval hearing is
suppose to be held Monday a week.
Councilman Philips moved for the 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. 3113
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN
AMENDMENT TO THE WASTEWATER DISPOSAL CONTRACT BETWEEN THE
CITY OF BAYTOWN, TEXAS AND LAKE MUNICIPAL UTILITY DISTRICT
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Abandoning a Portion of Bela
Avenue, Block 1, Outlawn Terrace
The Administration was not ready on this item.
Consider Proposed Ordinance, Awarding the Annual Contract
for PVC Pipe and Fittings
Four bids were received for the annual contract for PVC
pipe and fittings. The low bidder is Utility'Supply for the
amount of $35,236.31 on estimated supply basis. The Admin-
istration recommended approval of the low bidder.
Councilman Cannon moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
10326 -9
Minutes of the Regular Meeting - March 26, 1981
ORDINANCE NO. 3114
AN ORDINANCE ACCEPTING THE BID OF UTILITY SUPPLY CO.
FOR THE ANNUAL SUPPLY OF PVC PIPE AND FITTINGS AND
AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE
SUM OF THIRTY FIVE THOUSAND TWO HUNDRED THIRTY SIX &
31/100 ($35,236.31) DOLLARS.
For bid tabulation, see Attachment "A."
Consider Proposed Ordinance, Awarding Contract for 1981
Street Improvement Program
The 1980 -81 Budget contains $375,000 for street re-
building. Bids were received on the street list approved
by Council. Seven bids were received with Bo Mac Contractors,
Inc. bidding $314,674.25, the low bid. Bo Mac Contractors, Inc.
is a joint venture with Glenlen Paving, Beaumont, Texas. Glen -
len has just completed Spur 55 base and asphalt work and has
also performed a great deal of overlay work in Orange County.
The State Department of Highways verified that this company
does good work. The Administration recommended that the bid
be awarded to Bo Mac Contractors, Inc.
Councilman Cannon moved for the 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. 3115
AN ORDINANCE AWARDING THE CONTRACT FOR THE 1981 STREET
IMPROVEMENT PROGRAM TO BO MAC CONTRACTORS, INC., MAKING
CERTAIN FINDINGS AND PROVISIONS RELATED TO THE SUBJECT.
For bid tabulation, see Attachment "B."
Mr. Lanham reminded Council that it is not unusual
for the contract to run over or under the amount bid because
of the type work involved. Old streets are torn up and on
some streets more material is required than expected, while
on others less material is required. Bids are taken on esti-
mated quantities per unit basis. The city has an inspector
on the job and the city makes the decisions regarding material.
Consider Proposed Ordinance, Awarding Contract for 1981
Sanitary Sewer Sliplining- -Phase II
Four bids were received for Sanitary Sewer Sliplining
Contract - -Phase II. The low bidder is Channel Construction
Company for the amount of $42,475.00. There is money avail-
able in revenue sharing for this project. The contract consists
of sliplining between East Texas and Oak Shadows 700 feet east
from Westwood Drive; between Woodside and Oak Shadows southward
toward East Texas; between Alabama and Florida from Missouri to
Kentucky and between South Seventh and Lafayette Drive on Defee
600 feet to the north. All four of these lines do have cave -ins
and need to be sliplined. The Administration recommended that
the bid be awarded to Channel Construction Company.
Councilman Johnson moved for adoption of the ordinance;
Councilman Philips seconded the motion. The vote follows:
10326 -10
Minutes of the Regular Meeting - March 26, 1981
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3116
AN ORDINANCE ACCEPTING THE BID OF CHANNEL CONSTRUCTION COMPANY
FOR THE 1981 SANITARY SEWER SLIPLINING CONTRACT, PHASE II, AND
AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR
THE SUM OF FORTY TWO THOUSAND FOUR HUNDRED SEVENTY FIVE & N01100
($42,475.00) DOLLARS WITH REGARD TO SUCH AGREEMENT.
For bid tabulation, see Attachment "C."
Consider Proposed Ordinance, Authorizing Change Order No. 1
to Contract for Sanitary Sewer Sliplining- -Phase I
The Administration is requesting a change order to contract
for Sanitary Sewer Sliplining- -Phase I due to a serious problem
on Edgewood. A city crew was called to this location and after
digging the line up, it was determined that the line could not
be repaired. Rather than attempting to add the line to Phase II,
the Administration worked out a change order on Phase I. The
contractor has pipe on hand and can begin work very shortly at
this location. This change order represents approximately $200
more than the bids just received, but the Administration feels
that with both contractors working, the job will be accomplished
much quicker. The Administration recommended approval of the
change order..
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. 3117
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT
WITH SHUR -FLO, INC., FOR THE PHASE I SANITARY SEWER LINE
PROJECT IN THE CITY OF BAYTOWN.
Consider Proposed Ordinance, Repealing Ordinance No. 3105
and Awarding the Bid for Rehabilitation Project No. 79 -03 -16
to C & J Painting
At the last Council meeting, an error was made in drafting
the ordinance for Rehabilitation Project No. 79 -03 -16 and the
ordinance was drafted for other than low bidder. Adoption of
the proposed ordinance will repeal that ordinance and award
the bid to low bidder C & J Painting for the amount of $5,616.33.
The Administration recommended approval of the ordinance.
Councilman Johnson 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
10326 -11
Minutes of the Regular Meeting - March 26, 1981
ORDINANCE NO. 3118
AN ORDINANCE REPEALING ORDINANCE NO. 3105 WHICH HAD AWARDED
HOUSING REHABILITATION CONTRACT NO. 79 -03 -16 TO EDDIE MARRO-
QUIN AND AWARDING HOUSING REHABILITATION CONTRACT NO. 79 -03-
16 TO C & J PAINTING FOR THE SUM OF FIVE THOUSAND SIX HUNDRED
SIXTEEN & 33/100 ($5,616.33) DOLLARS.
For bid tabulation, see Attachment "D."
Consider Proposed Ordinance, Third and Final Reading on
Franchise with Southwest Video Corporation, Inc.
This is third and final reading on the proposed franchise
with Southwest Video Corporation, Inc. for cable television
service. Southwest Video has agreed to post $250,000 con-
struction bond to insure the rebuilding of the existing sys-
tem and the extension of service to areas not presently served
within two years.
Bob Grady with Southwest Video was present and stated
that the work involving the mapping of the city has begun
and actual pole work will begin in late summer. The Admin-
istration recommended approval of the ordinance.
Councilman Philips moved for adoption of the ordinance;
Councilman Johnson seconded the motion.
Councilwoman Wilbanks related that she has received
numerous calls from persons complaining of service and ques-
tions concerning the number of channels available for the
amount of money Baytown citizens are asked to pay. There
are indications that in other areas more channels are avail-
able for the same amount of money. For these reasons, Council-
woman Wilbanks stated that she would be casting a dissenting
vote.
Mayor Hutto stated that he too had received complaints
and that personally, he was unhappy with his service, but
he realizes that the only alternative is to have the service
disconnected or support the ordinance so that the company can
come in and revamp the entire system. The franchise is not
exclusive; therefore, this company may be encouraged to pro-
vide better service. The company is committed to the point
of providing $250,000. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Caffey and Cannon
Mayor Hutto
Nays: Councilwoman Wilbanks
(For caption of ordinance, see Page No. 10326 -12.)
10326 -12
Minutes of the Regular Meeting - March 26, 1981
ORDINANCE NO. 3074
AN ORDINANCE GRANTING TO SOUTHWEST VIDEO CORPORATION, INC.,
(WHOLLY OWNED SUBSIDIARY OF TELEPROMPTER CORPORATION) THE
RIGHT, PRIVILEGE AND FRANCHISE TO CONDUCT WITHIN THE CITY OF
BAYTOWN, TEXAS, A CABLE SIGNAL DISTRIBUTION SYSTEM AND BUSI-
NESS FOR THE PURPOSE OF OPERATING A RADIO AND TELEVISION
SIGNAL SYSTEM TO RECEIVE, AMPLIFY AND DISTRIBUTE TELEVISION
AND RADIO SIGNALS AND TO ENTER UPON, ERECT, CONSTRUCT, MAIN-
TAIN, EXTEND, REPAIR, 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, ORIGI-
NATING, 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 INSO-
FAR 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, Calling a Public Hearing on the
Annexation of Approximately 4.3 Acres West of San Jacinto
Mall
Mr. Jim Hosek, President of Lone Star Bank, has requested
annexation of the area where the bank will be located and the
Administration is suggesting that Interstate 10 just north of
the bank also be included. A map was shown depicting the pro-
posed area to be annexed. There is some vacant property
located continguous to the proposed area to be annexed which
owners of that property was contacted, but he does not desire
annexation at this time.
Councilman Cannon 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. 3119
AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC
HEARING ON THE PROPOSED ANNEXATION OF 4.3 ACRES, MORE OR
LESS, ALSO KNOWN AS LONE STAR BANK, AUTHORIZING AND
DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC
HEARING; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Request from Lone Star Bank for City of Baytown
Utilities
There is a possibility that Lone Star Bank will be
opening prior to annexation proceedings have been completed.
Therefore, the bank is requesting to be allowed to connect
to city water and sewer service. The Administration rec-
ommended approval of that request - -both services are avail-
able.
Councilman Simmons moved to accept the recommendation
of the Administration; Councilman Johnson seconded the
motion. The vote follows:
10326 -13
Minutes of the Regular Meeting - March 26, 1981
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
Consider Proposed Resolution No. 762, Setting Forth Prior-
ities for Harris County Capital Improvements -- Streets,
Drainage, and Park Facilities, Within the City Limits
and the Baytown Area
In response to an indication from Commissioners Court
that within the next eighteen months the plan is to hold a
bond election and the request from the Court that the City
of Baytown develop a priority list for the capital improve-
ments program, the Administration has developed a resolution
of priorities in the areas of street improvements, drainage
improvements and park projects as follows:
STREET IMPROVEMENTS
I. West Baker Road - Construct a four (4) lane road with
curb and gutter between Decker Drive and Bayway Drive.
II. Lynchburg /Cedar Bayou Road - Construct a four (4) lane
road with curb and gutter between Garth Road and North
Main Street and a four (4) lane road surface from North
Main Street to Sjolander Road.
III. Bush Road - Construct a four (4) lane road with curb
and gutter and storm sewers from Baker Road to Lynch-
burg /Cedar Bayou Road.
IV. Barkuloo Road - Construct a 39 foot road with curb and
gutter between Massey Tompkins and Lynchburg /Cedar Bayou
Road.
V. Raccoon Road - Construct a 39 foot road with curb and
gutter between Massey Tompkins Road and Lynchburg /Cedar
Bayou Road.
Councilman Philips suggested that the resolution be
modified to provide that a four lane road surface be con-
structed on Lynchburg /Cedar Bayou Road from North Main Street
to Raccoon Drive.
Mayor Hutto stated that the city probably will not get
all the improvements being requested, in fact some of the
items listed have been listed on previous requests.
Thirteen drainage improvements are listed, but some may
be performed by Harris County Flood Control District crews.
Some of the drainage improvements are listed as a result of
recommendation from Harris County Flood Control District. A
map was posted which depicted the various drainage improve-
ments being proposed.
Mayor Hutto suggested that on the east side of Baker Road
on the bridge, the curb needs to be cut and a valley or gutter
provided to allow the water to follow the natural flow. The
Administration will be working with the flood control district
in this regard.
The resolution also suggests that a regional park, prefer-
ably water based should be included in the next county bond
election.
10326 -14
Minutes of the Regular Meeting - March 26, 1981
Upon passage, copies of this resolution will be forwarded
to the County Judge, Commissioner Fonteno, County Engineer,
and County Flood Control District.
Councilwoman Wilbanks moved for the adoption of the reso-
lution with the modification mentioned by Councilman Philips
to be included; Councilman Philips seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 762
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, SETTING FORTH DESIRED PRIORITIES FOR CAPITAL
IMPROVEMENTS WITHIN THE CITY LIMITS OF THE CITY OF BAYTOWN
AND IN THE BAYTOWN AREA.
Consider Proposed Resolution No. 763, Endorsing House Bill 913,
An Act Relating to Agreements Between Cities and Property
Owners for Redevelopment of Unproductive Areas and for Prop-
erty Tax Relief
Councilman Philips had requested that an item in this
regard be placed on the agenda. A copy of the bill, as intro-
duced, was included in the Council packet. Should this bill
pass, it would only be effective if a constitutional amendment
is approved to allow property to be tax exempt.
In response to a question from Councilman Philips regarding
how the resolution should be handled once adopted. Mr. Lanham
stated that a copy would be forwarded to Representative Ed
Emmett and since the bill has been forwarded to committee, a
copy would go to the committee.
Councilman Philips moved for adoption of the resolution;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 763
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
URGING THE LEGISLATURE TO ENACT HOUSE BILL 913, AN ACT RELATING
TO AGREEMENTS BETWEEN CITIES AND PROPERTY OWNERS FOR REDEVELOP-
MENT OF UNPRODUCTIVE AREAS AND FOR PROPERTY TAX RELIEF.
Mr. Lanham mentioned that legislation is being considered
which would have a definite impact on city revenues. One in
particular is a bill that would grant homestead exemptions for
a minimum of $5,000 and a maximum of $30,000. This legislation
would require a constitutional amendment prior to becoming
effective.
Consider Clean City Commission Plan for Summer Anti - Litter
Program
The plan provides for the hiring of approximately 6 young
people through the CETA Summer Youth Program to provide for
major thoroughfare cleanup especially in the business district.
10326 -15
Minutes of the Regular Meeting - March 26, 1981
CETA funds would be used to pay for the crew's salary and
fringe benefits. In addition to these workers, the Clean
City Commission would propose to hire a crew supervisor.
Exxon has committed $2,700 to the hire of a supervisor and
the commission hopes to solicit other donations. The Admin-
istration recommended approval of the plan.
Councilman Philips moved to approve the Clean City Com-
mission's plan for summer anti - litter program; Councilwoman
Caffey seconded the motion.
Councilman Philips mentioned that this group would be
a high profile group and should be supervised accordingly.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
Agenda Item
Mayor Hutto requested that the Administration consider
placing an item on the next agenda regarding the letter that
A. J. Busch with the firm of Busch, Hutchison Engineering
had written concerning a proposed study by the Corps of Engi-
neers.
Industrial District Committee
Councilwoman Wilbanks inquired if Council would like to
schedule a special meeting prior to the next regular Council
meeting to consider an industrial district policy. The reason
Councilwoman Wilbanks felt that Council should attempt to meet
prior to the next regular meeting is that at that meeting,
newly elected Council members will be taking their oaths of
office. If Council were to meet prior to that meeting, this
would provide a means for persons who have been serving on
Council to be involved in the decision on the new industrial
district policy.
Councilman Philips pointed out that even though the
Industrial District Committee is scheduled to meet on Wednes-
day, it could be that all the problem areas will not be re-
solved which could result in further delay. Council concurred.
There being no further business to be transacted, the
meeting was adjourned.
P - 4Xtf_
Eileen P. Hall, City Clerk
H
z
w
x
U
d
F
H
TI TL E�., ANNUAL PVf. PIPE AND F 1 TT I NGS CONTRACT
BID 13 - +3
DATE. March 1 1 , 19$1
rTEM QTY DESCRIPTION
ANNUAL PVC PIPE AND FITTINGS
CONTRACT: per specs stations.
1. Total Bid
Delivery A. R. 0.
GROSS TOTAL
�� LESS DISC.
NET TOTAL
� �I I\ /FRY
�'
CITY 01= BAYTO�VN
B!D TABULATION
UTILITY SUPPLY CO. THE ROHAN CO. THE MAR UE f.
varr ExrENOEO uNrr Exr�rvoEO eo
$35,236.31
t 2 Days � �14 Days
NO EO is UNl
$36,383.89 S39,664.65 *541,397.11
� INV L!0 BID
14 Days 14 Days
4
Tf TL E:.
P f D�
DATE .
l'):3 t S t rec C 1 nisi ruvemen C 1''rol; ram
.i,�v �v�. sloe -ol
Ala i'C'li .'. 3 � i �)�i 1 t'� 11) :i . nl.
EM QTY DESCRlPTlON
iiid hrohosal for 1981
Street Improvement Program
CITY OF BAYTOWN
B1D TABULATION
Beaumont
Houston
Houston
Baytown
Eiouston
lio -Mac Contractors
UN1T EXTENDED
Brown & Koot
UNIT EXTENDED
[3et.� Construction
UNIT XTEND D
/1nl;e.) i:quipment
UNIT EXTENDED
Ablc• Service;
UNIT EX LADED
314,b74.25� � 328,971.20 � 1 348,377.25' 1 364.211.50 , � 366,660.00
i'
,1
E�
CROSS ToTA L
LESS DISC.
NET TOTAL
1'� ►'1 Il / �' nv
CO
H
W
....
U
'
�
'
H
H
d
i'
,1
E�
CROSS ToTA L
LESS DISC.
NET TOTAL
1'� ►'1 Il / �' nv
J ITI_ �; 1'1.:1 tit rrrt i;urrt,v��mt�nt Pro ;ram
�� -. ., � m.��.,
I�,I, �o. ;311)1 -03
[.��1TE� e� a d� ®�v
�'�TCM t�TY DESCRIPTION
1 l3 id proposal for 1981
titreeC LmprovemenC Program
+� �
0
U
L�
� I
Z �
W
x
U
Q
H
H
��
:�
CROSS roTa �
L ASS U! S C.
111Er ToTa L
r'1 r'1 11 I r/_7�I
�i
c1rY of Ba�rowN
e!o ra Bu�arr oN
Ilc,usCon � 1?ricndswood
;;I:rl.n t tcc.� nr� l l
UNIT EXTENDED UN1T EXTENDED UNl
� i
384,2.16.00 434,958.59
P A G E 2
UNIT3 - EXTENDED � UN17
CITY OF BAYTOWI�
TITLE: 1 `� )�- �:znitary Sewed l.ipli.n��i_n� Phase II B 10 TA �ULAT10iV
I D: Job �o. 8102 -'?7
DA7-E� �iar�li 26, !951 C 10 a.m.
C �,�- a -x-.��
U
z
�i
x
Q
H
H
� �
Channelview llouston Pasadena Houston --- ��- a�-� -,
DESCRIPTION
Channel Constructic�:
Shur -rlo, Inc.
Naylor Industries
Worthen Corstructio
TEM
QTY
UNIT
EXTENDED
11Ni7
EXTENDED
UNIT
X NO D
UNIT
EXTEND D
UNIT
Ex.T LADED
;c
�(
--
i,_'SU L.I. SIipli.ninl; 5" polyethylene pipe 7.90 25,675.00 10.00 32,500.00 12.50 40,625.00 14.00 45,500.00
1 i ncr in c��:i�;tinl; 6" Sewer as
psi- s,�ecificztion5, complete in
pl.ice
7O ea Reconnection of existing 240.00 16,800.00 200.00 14,000.00 185.00 12,950.00 350.00 24,500.00
service connections, complete in
place
GROSS IOTA L
LESS DISC.
IVET TO T�4 L
ter_► a��� -�..
$42,475.00 $46,500.00 S53,575.00 $70,000.00
a
� � `. I ..'; �:�i..li`.: �. L�.:Li.±����1,..�.la�.�:i:�..�- :ire- e'�.ran.�e7
. i .� . �. .- •,: ,-- �.- :-- •...... -..., � _ •.r:. -.- :+gar- x.�- r_�rrs ea--- n-'!O'�
. -�• �
� .. .- -• _rte^ .�,r._..- ���c^.'r•�r: �r:^a�sia�: ��lEO�u-T�%YCi�
1
-- _ ..
. ., ,
f _�-l�: Il
'l�l l,lrr.l,�
{ �
} � l
r
i
clTy o� BAYTOwN
B1D TABULATION
i
;:ra.:iii 1 ;t:
1 :.;.' :;t :��t.
z'
�
x�
k
U. '
E,
Il l �:� n.l•n.
1
i
!
�
1
s
clTy o� BAYTOwN
B1D TABULATION
ATTACHMENT "D."
(cont.)
a
t
1
7
__may
�I
y4
1
�j
r J
s
1 3
I
A O
C
A
O
O
1
a
I
A O
C
A
O
O
1