1981 07 23 CC Minutes10723 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
July 23, 1981
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, July 23, 1981, at 6:30 p.m. in
the Council Chamber of the Baytown City Hall with the fol-
lowing attendance:
Fred T. Philips
Councilman
Jimmy Johnson
Councilman
Perry Simmons
Councilman
Mary E. Wilbanks
Councilman
Roy Fuller
Councilman
Allen Cannon
Councilman
Emmett 0. Hutto Mayor
Fritz Lanham City Manager
Randy Strong City Attorney
Eileen P. Hall City Clerk
The meeting was called to order with a quorum present
and the invocation was offered by Councilwoman Wilbanks.
Minutes
Councilman Johnson moved for approval of the minutes
for the meeting held July 9, 1981; Councilman Philips
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Receive Petitions
None.
City Manager's Report
Senior Citizens Taxicab Program - Council had been
furnished with a memorandum regarding the senior citizens
taxicab program. During the month of June, 1166 rides were
taken at an average cost of $2.67 with the average trip
length being 1.9 miles. This continues to be a successful
program.
Councilwoman Wilbanks commented that she had been
informed by a Councilman from Dayton recently that this same
taxicab program for senior citizens had been initiated with
the same favorable results.
Rollingbrook Drive Adjacent to Garth Road - Council had
been provided with a copy of a letter from Johnnie Busch
regarding paving of Rollingbrook adjacent to Garth Road.
Plans for this project have been submitted to the City of
Baytown Engineering Department and have been reviewed and
returned. Therefore, the engineers are planning to receive
bids shortly and work should begin in the near future.
10723 -2
Minutes of the Regular Meeting - July 23, 1981
Houston Lighting and Power Company - For August, Houston
Lighting and Power Company is indicating a reduction due to
decrease in fuel cost. For a user of 2,000 KWH in August,
the monthly statement will be $134.31 versus $142.41 for
July.
In response to an inquiry from Council, Mr. Jim Schaefer,
District Manager with Houston Lighting and Power Company,
explained that fuel costs of gasoline have softened somewhat,
but in the area of fuel oil this is not the case. In many
states where coal is plentiful, severance tax has been
initiated which makes this an expensive source of energy.
Improvement in vicinity of North Main and Cedar Bayou
Lynchburg Road - The Administration has been in contact with
the County regarding the possible realignment of North Main
at Cedar Bayou Lynchburg as part of the North Main project.
However, the county is unable to expend present bond funds
for the purchase of right of way for the realignment of
Cedar Bayou Lynchburg Road. The county has suggested,
however, that the City of Baytown acquire the necessary
right of way and the county perform the necessary work of
realignment. Mr. Lanham mentioned that there is a building
on this property which is not occupied at the present time.
The city has no funds earmarked for purchase of right of way
and the Administration requested guidance from Council on
whether to proceed.
Norman Dykes, Director of Public Works /City Engineer,
stated that the property in question is a triangular parcel
that would vary from zero to 150 feet in width at the greatest
point. The property is the old Longhorn Saloon.
Mr. Lanham inquired if Council would like the Administration
to put an item on the next agenda in this regard. He felt
that this is something that should be considered before a
new building is erected at that site.
Councilman Philips stated that it would be helpful if
the engineers could provide Council with a small map of the
proposed acquisition. Mr. Lanham stated an item in this
regard will be placed on the next agenda.
Councilman Cannon requested that the Administration get
an informal appraisal performed so that Council would have
an idea of the costs.
Proposed legislation affecting taxes paid by banks -
The Administration received correspondence from Texas Municipal
League requesting guidance with regard to proposed legislation
which will affect taxes paid by banks. This information was
not received in a timely manner so that an item could be
included on the agenda. Randy Strong, City Attorney, mentioned
that several months ago, Council had discussed HB 955 which
basically would have eliminated taxation of bank stock by
the cities and replaced that with a sales tax. If this
would have prevailed, it would have caused a reduction in
the amount of monies that cities would receive. At that
time, a lawsuit was in progress in the City of Dallas.
Since that time, the lawsuit has been tried and the cities
have won. Since the Court of Appeals has upheld the lower
court's decision in this matter, it is reasonable to assume
that the Supreme Court will also uphold that decision.
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Minutes of the Regular Meeting - July 23, 1981
This same bill or a close variation thereof is now
before the special session which basically would work on the
same concept that the cities' abilities to tax bank stock
would be repealed and replaced with a type of sales tax
which would greatly reduce cities' revenues. The 1979
revenue from bank taxes in Baytown was just over $77,000.
Under the proposed bill, the city's revenue would be about
$23,000 for a reduction of approximately $54,000 in tax
monies.
What the Texas Municipal League is requesting is that
the cities express their feelings about the proposed leg -
islation. The League will represent the cities before the
legislature.
Several Council members indicated that not enough
information was available for Council to make a determination.
No action was taken.
Baytown Housing Authority - Council had been provided
with a copy of the letter from Congressman Jack Fields
regarding recent resolutions of Council.
Street Light Plan - A copy of the memorandum setting
forth recommended street light layout for the Wooster Area,
as well as Busch Terrace, Rio Vista, Central Heights,
Airhart Addition and Pecan Manor Street was provided to
Council.
1981 Street Improvement Program - The contractor has
completed the curbs and gutter on Indiana and Fayle.
Drainage - Massey Tompkins Road between McKinney and
Crosby Cedar Bayou is 95% complete. The work being per-
formed in the vicinity of Goose Creek Drive is approximately
40% complete.
Harris County Flood Control District - The flood
control district is currently performing work on the ditch
in the Kings Bend area. A concrete channel is being in-
stalled. A maintenance crew has begun clearing the drainage
ditch east of Danubina near Fayle. There have been flooding
problems on East Fayle near Danubina for a number of years.
Fire destroyed brush truck - The city has three brush
trucks to keep up with picking up tree limbs and brush.
Last week one of these trucks burned due to the hydraulic
fluid seeping onto the muffler. The truck was a total loss.
The man who was working on the truck had to jump from the
truck to avoid serious injury. The Administration is
checking to determine what insurance coverage is listed. In
the next several weeks, the city may be behind on brush
collection. Overtime can be arranged if necessary.
1981 Street Improvement Program - Councilman Philips
stated that he has had 2 -3 calls regarding the paving con-
tractor. Certain projects are begun and left in a state of
incompletion for long periods. Councilman Philips stated
that if this contractor has been overloaded with all the
extra work, he would like to propose that this contractor
complete the assigned work before any other work is added.
Mr. Lanham stated that the staff would be in contact
with the contractor in this regard.
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Minutes of the Regular Meeting - July 23, 1981
Councilman Philips commented further that when the
contractor begins work on a street and blocks that street
off, he should be prepared to complete that work.
Discuss Sale of Bonds
A proposed schedule for the sale of bonds had been
provided to Council by Underwood, Neuhaus which was based on
the priority list approved by City Council at its last
regular meeting. During the first year, Council approved a
total of $5,603,000. In the schedule the amount has been
rounded to $5,600,000.
Tom Masterson with the firm of Underwood, Neuhaus was
present to discuss the bond market with Council. Mr. Master-
son stated that if the city were to sell this $5,600,000 in
bonds today, the bonds would be sold at an interest rate of
approximately 10.5 %. However, by the time bonds are actually
sold the interest rate could fluctuate by 2 %, that is either
up or down. The financial advisors are anticipating a
September sale. There will be no problem to sell the bonds.
The point is that the bonds may sell for as much as 12%
interest.
In response to an inquiry from Council, Mr. Masterson
explained that the situation with schools in the state is
somewhat different than with cities. Schools, if their bond
elections were held prior to April, 1980, are still bound by
the 10% usery limit which was in existence at that time.
Therefore, the alternative would be to re -vote the issue.
Councilman Philips pointed out that the interest rate
on the bonds is only a part of the total picture. He mentioned
that the cost of inflation is 1% per month which means it
would be best to sell the bonds and get the work in place.
If so, the city will accomplish the work loo per month cheaper
than waiting for a market that could possibly be more favorable.
Councilman Philips stated the need for the facilities has
already been established; therefore, he would favor proceeding
with all deliberate speed. He moved to work toward a September
bond sale; Councilwoman Wilbanks seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Mr. Lanham inquired if the schedule that had been
forwarded to Council with the agenda packet was satisfactory.
Mr. Masterson mentioned that when the financial advisors had
began planning, they had anticipated marketing the first
bond issue for the amount of $8,000,000. The $5,600,000 is
a reduction in the size of the issue, but the financial
advisors had also anticipated a final maturity of. the year
2,000. This schedule anticipates the year 1996 final maturity.
Subsequent sales should reflect longer maturity. Mr. Masterson
stated that one rule of thumb that makes good sense is
during periods of high- interest rates to sell bonds over the
shortest possible time span and during periods of low -
interest rates to sell longer termed bonds.
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Minutes of the Regular Meeting - July 23, 1981
Council had been furnished with a revised 1981 Capital
Improvements Program Summary which reflected changes pro-
posed by Council at the last meeting. A copy of that
schedule is attached to the minutes as Attachment "A."
Claire Sinclair Will Appear
Ms. Claire Sinclair appeared as representative of First
American Bank in a proposal to purchase a portion of land
owned by the city which is adjacent to bank property. The
bank in its proposal stated that in order for the bank to
remain a viable public service company at its present
location, it would be necessary for the bank to expand its
service facilities. In order for the bank to do this, the
bank would need to purchase a portion of city -owned property
adjacent to the bank property -- approximately 38,000 square
feet. The proposed acquisition would allow the bank to
properly handle traffic flow through the drive -ins without
disruption of the traffic on city streets. The Board of
Directors of the bank authorized the purchase of the prop-
erty at fair market value. The bank would allow the property
to be used as presently being used until it became necessary
to construct additional facilities. After development of
the facility, any remaining land may be continued to be used
by the city.
In response to an inquiry from Council, Ms. Sinclair
stated that the bank had no plans to remove the oak trees
and that the property fronting on Decker would remain in a
grassy area as it is now.
Mayor Hutto explained that the city purchased the land
from the bank several years ago in order to protect the area
and to keep undesirable businesses from being constructed
there.
Mr. Lanham explained that the thought was that the city
would need the property in the future for the library.
There are times when the library parking lot is full now.
If the library building should need expansion toward the
front, there would be available land to do so.
Ms. Sinclair stated that there would be enough land to
expand the parking. There is 54 feet that the bank is not
requesting to purchase. This land would be adjacent to the
present parking area.
Ms. Sinclair indicated that the library could always
utilize the bank's parking area. She also mentioned that
the bank owned some property east of Pruett Construction
that is located across from the library and the bank would
be happy to discuss possibilities for that property.
Councilman Philips inquired since the bank owns
property to the east of Pruett Construction, perhaps the
bank would be interested in trading. Ms. Sinclair responded
that she was certain the bank would be willing to discuss
this possibility.
In response to an inquiry from Mr. Lanham regarding
elevation, Ms. Sinclair stated that she was unaware whether
this area is extremely low.
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Minutes of the Regular Meeting - July 23, 1981
Councilman Cannon pointed out that the library patrons
would then have Texas Avenue to cross which would not be the
most desirable situation. He also stated that he felt it
would be advantageous to the city to keep the bank there,
but at the same time, he felt it necessary to protect the
library. Perhaps, somewhere in there, there is a solution.
The City Attorney, in response to an inquiry from
Council, explained that generally in the State of Texas
conveyances are not made contingent to certain conditions,
but this could be done. However, he had reservations about
this being acceptable to the bank.
Mayor Hutto stated that Council needs to be mindful
that it is very important to keep the bank at that location.
He stated that he would hate to think of what would happen
to the library without the bank and that he for one would
like to be a good neighbor. He felt the Council should do
whatever possible to work with the bank.
Councilman Cannon stated that he felt that the appropriate
thing to do would be refer this to the library board with
Council's concern, "is there a workable solution that is
satisfactory to everyone ?"
Councilman Philips stated that if Council elects to go
that route, he would suggest that the property across the
street from the library be considered in a trade.
The City Attorney reminded Council that the sale of
city property would need to be accomplished on a bid basis.
Councilman Philips stated that if the city could trade
the property, then perhaps that requirement would not enter
the transaction. The City Attorney stated that he would
need to check that aspect out.
Mayor Hutto suggested that Council refer the proposal
to the library board, along with Council's comments, with
the understanding that Council reserves final action.
Council expressed no objections to this suggestion.
C.H.R. Burroughs Will Appear
C.H.R. Burroughs who resides at
concerning the crown of Lobit Street
inches from the curb which he feels
to drive in and out of his driveway.
Council with photos of his drive, as
on the street.
705 E. Lobit, appeared
being approximately 14
Bakes it very difficult
Mr. Burroughs presented
well as various drives
Mr. Burroughs also mentioned that another problem in
that area is drainage.
In response to an inquiry from Council, Norman Dykes,
Director of Public Yorks /City Engineer, explained that Mr.
Burroughs' problem concerning his driveway had been reviewed
and under the present policy, there is nothing that the city
can do. According to city policy, the property owner would
be responsible to take corrective measures.
Mr. Lanham explained that the street was rebuilt in
1973. He also mentioned that Mr. Burroughs had a rather
unusual driveway. Mr. Burroughs' drive comes up from the
street to the sidewalk, the sidewalk is level and then the
drive goes up again to the garage. In many of the areas where
NO
10723 -7
Minutes of the Regular Meeting - July 23, 1981
this problem is prevalent, the slope begins at the street
gutter and slopes all the way to the garage. Mr. Burroughs
stated that the city required that the drives be constructed
that high.
Mr. Dykes stated that .if Mr. Burroughs would reduce the
slope, his vehicles would not drag.
Mr. Burroughs disagreed. He stated that he had no
problems until the street was raised.
Mr. Lanham inquired if Mr. Burroughs had recently
purchased a vehicle in the last 3 -4 years to which Mr.
Burroughs responded in the affirmative. Mr. Lanham explained
that this type problem is common in the Goose Creek area.
Mr. Burroughs stated that a four inch crown is the most
any street should have. He continued that Lobit has a 14
inch crown and inquired if there was anything that could be
done?
Mayor Hutto suggested that the matter be referred to
the Administration to go out and examine the situation and
make diagrams so that Council can better visualize the
problem. Council had no objections.
Consider Proposed Ordinance, Setting Public Hearing on
Proposed Annexation North of Massey Tompkins Road
The Administration changed the area
Council's directive at the last meeting.
warded to Council depicting the proposed
proposed ordinance merely provides for a
The property description provided can be
hearing. The Administration recommended
be adopted with the public hearing to be
7:00 p.m.
to correspond to
A map was for -
annexation. The
public hearing.
altered at the
that the ordinance
held August 13 at
Councilwoman Wilbanks moved for the adoption of the
ordinance; Councilman Philips seconded the motion.
Councilman Fuller inquired if the acreage that is
considered to be agricultural is sizable? Mr. Lanham
responded that the Administration did not have that in-
formation readily available, but would have that data at the
hearing.
In response to Council, Mr. Lanham stated that the
inhabited area is mostly along Raccoon and Hardin Roads.
There has been no petition for annexation. What motivated
this to some degree was that city utilities have been
available to the area. In fact, Hardin Road has had city
water for several years.
Councilman Johnson commented that it bothered him to
annex property that is uninhabited. It appeared to him that
to annex uninhabited property would only damage people with
taxes. He stated that he would be more concerned with that
than whether the city limits are squared. He stated that he
would be opposed to this annexation other than to the Hardin
Road area with inhabitants who are on septic tanks. He felt
it to be unrealistic to tax vacant property.
10723 -8
Minutes of the Regular Meeting - July 23, 1981
Mayor Hutto requested that the Administration prepare a
map depicting what was originally recommended compared to
what is now being considered.
Mr. Lanham reminded Council that by adoption of the
ordinance, Council would be calling a public hearing and at
that hearing, Council could reduce the area to be annexed.
Council could not increase the area, but it could reduce the
area. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3198
AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR A PUBLIC
HEARING ON THE PROPOSED ANNEXATION NORTH OF MASSEY TOMPKINS
ROAD, AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH
NOTICE OF SUCH PUBLIC HEARING; AND PROVIDING FOR THE EFFEC-
TIVE DATE HEREOF.
Consider Proposed Ordinance, Second and Final Reading on
Annexation of Tierra Del Oro, Section Nos. 2 and 3
Mr. Lanham explained that adoption of the ordinance on
second and final reading would complete the annexation
process. The Administration recommended approval of the
ordinance.
Councilman Philips moved for adoption of the ordinance;
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons.
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3170
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF
TIERRA DEL ORO, SECTIONS 2 AND 3 SUBDIVISIONS, WHICH SAID
TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance, Placing Newly Annexed Territory
in Council District No. 4
The Administration recommended approval of the ordinance.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
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Minutes of the Regular Meeting - July 23, 1981
ORDINANCE NO. 3199
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
ADDING CERTAIN PROPERTY TO COUNCIL DISTRICT NO. 4; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
HEREOF.
Consider Proposed Ordinance, Second and Final Reading on
Annexation of Raven Way and Adjacent Parcel
This property is located just east of Chaparral Village.
Adoption of the ordinance on second and final reading will
complete the annexation process. The Administration rec-
ommended 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, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3171
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF
RAVEN WAY SUBDIVISION, WHICH SAID TERRITORY LIES ADJACENT TO
AND ADJOINS THE PRESENT BOUNDARY LIMITS OF THE CITY OF
BAYTOWN, TEXAS.
Consider Proposed Ordinance, Placing Newly Annexed Territory
in Council District No. 5
The Administration recommended approval of the ordi-
nance.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3200
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
ADDING CERTAIN PROPERTY TO COUNCIL DISTRICT NO. 5; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
HEREOF.
10723 -10
Minutes of the Regular Meeting - July 23, 1981
Consider Proposed Ordinance, Suspending the Proposed Rate
Increase of Houston Lighting and Power Comba.nv
The City Attorney explained that Houston Lighting and
Power Company filed a new rate filing package with the City
Clerk on July 6 with a proposal that the new rates become
effective on August 10, 1981. As provided in the Public
Utilities Regulatory Act, City Council has the regulatory
authority and can suspend the effective date of these rates
for 120 days in order to have ample opportunity to evaluate
the rates and conduct whatever hearings Council deems necessary.
The City Attorney stated that the rate filing packet was
quite lengthy and that it would require considerable study.
He stated that possibly Council would want to hire a rate
consultant. In the last three rate filings, Council has
elected to suspend the rates. If Council adopts the proposed
ordinance, rates will be suspended until December 8. At
that time, Council would have the opportunity to suspend
said rates for an additional 30 days, if necessary. By that
time the hearing before the PUC on the rural or unincorporated
area rates will have been held and the city will probably
have a decision from the hearings examiner, in the event
Council would want to consider the PUC action in making a
decision. The Administration recommended approval of the
proposed ordinance.
Councilman Simmons moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3201
AN ORDINANCE SUSPENDING HOUSTON LIGHTING & POWER COMPANY'S
PROPOSED INCREASE IN RATES FOR 120 DAYS AND MAKING CERTAIN
FINDINGS AND PROVISIONS.
Consider City of Baytown's Intervention in Houston Lighting
and Power Company's Rural Rate Case Before Public Utilities
Commission
In order to meet the time deadlines in the Houston
Lighting and Power rate case, the City Attorney filed a
motion to intervene in the rural rate case. At that time
the City of Houston had not made a decision on whether or
not to participate, but since then has determined not to
intervene. Baytown has the following options:
1. Participate as an intervenor before the PUC in
which case the City of Baytown would need to hire
rate consultants or alternatively, the city could
elect not to put on a direct case and simply cross
examine HL&P witnesses. In that event, the city
would be depending on the PUC staff to submit
alternate proposals.
2. Withdraw as intervenor and not participate in the
rural rate case.
Part of Council's decision on the rural rate case may
be determinative on what Council desires to do on the municipal
10723 -11
Minutes of the Regular Meeting - July 23, 1981
rate case. Council has the alternative of not doing any-
thing and allowing the rates to become effective or voting
in the rates. Council could elect to conduct a hearing
before the City Council as the City of Houston has elected
to do, thereby setting Baytown's rates and allowing the
company to appeal that decision to PUC. The City Attorney
has been in contact with members of the legal staff of the
City of Houston and the City of Houston may be interested in
some type of joint hearing between the City of Houston and
the City of Baytown on the rate cases. If this could be
logistically worked out, this would be a viable alternative
toward sharing in costs.
In response to an inquiry from Council, the City Attorney
stated that ultimately both cities would be under the same
rate structure which produces another alternative. That
alternative is to do nothing and let Houston fight the
battle because realistically any change in the rates that
the City of Houston might work, the Commission will make it
apply to all rate payers within the HUP service area.
Mr. Lanham pointed out that if Council determines to
continue with the rural rate case, Baytown could very well
be the only city participating. From past experience, the
cities of Baytown and Houston have been the only ones
participating. Therefore, Mr. Lanham stated that he felt
that the City of Baytown should attempt to work out some
type cooperative agreement with the City of Houston because
even though each Council will be acting individually, as a
practical matter, the rate will be areawide. Therefore, it
would be to the City of Baytown's advantage to cooperate
with Houston.
Councilman Philips moved to authorize the legal staff
to withdraw from the rural rate intervention and that the
City of Houston be contacted regarding participation in
their rate case. Councilman Johnson seconded the motion.
The vote follows:
Ayes: Council members
Wilbanks, Fuller
Mayor Hutto
Nays: None
Philips, Johnson, Simmons,
and Cannon
Consider Proposed Ordinance, Authorizing Final Payment for
1979 -80 Community Development Program - Cherry and Pine
Streets
The 1979 -80 Community Development Program - Cherry and
Pine Streets has been completed by Angel Equipment Company.
The City of Baytown's Engineering Department has inspected
the work to find that the work has been completed in accor-
dance with the plans and specifications. The original
contract amount was $334,018.50 with one change order being
approved by City Council for the amount of $9,639.50. There
was an overrun on the contract of $30,602.91 which most of
that was additional driveway work.
Councilman Philips expressed concern that an overrun of
this magnitude was not mentioned to Council earlier. He
felt that this was an extra - ordinary amount to be added to a
contract. Mr. Lanham responded that the amount represented
8.7%. Councilman Philips stated that if the city were to
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Minutes of the Regular Meeting - July 23, 1981
run 8.7% over on each of the contracts to be performed under
the bond program, that could amount to approximately $2,000,000.
He emphasized that he was more concerned with the fiscal
control of money rather than the size of the overrun.
Mayor Hutto commented that if the city had rebid the
driveway, the bids would have been much higher. He also
mentioned that the contractor really went out of his way to
please the citizens on this job and did an excellent job in
the process. Apparently there was simply more work involved
than the city staff had originally estimated.
Councilman Fuller stated that he understood Councilman
Philips's concern and inquired if there is a policy which
would limit the increase overall of a contract?
Councilwoman Wilbanks reminded Council that this same
type discussion was carried on concerning rehabilitation of
houses under the Community Development Program and Council
had changed the authorization from 25% to 10 %, but it applied
to only that one ordinance.
Mr. Lanham stated that in many cases not to have some
flexibility means that a job must be halted and a special
session of Council is required. Councilman Philips responded
that Council could always have an emergency session if
necessary.
Norman Dykes, in response to comments from individuals
in the audience, explained that under the Community Development
Program everyone whether they had a driveway to begin with
or not received a driveway. Many houses had no driveways at
all. The people parked in front of their homes, alongside
their homes or up in the yard. At each home where there was
room to pull a car in off the street, a driveway was installed.
Some homes were missed, the engineering department received
calls and those driveways were installed. In many instances
the homes did not have driveways originally but the people
requested that drives be poured in front of the house or
anywhere that the city could pour enough concrete for a
place to park the car other than on the street. The city
attempted to furnish all homes with a driveway, thus the
overrun. Some of the homes still do not have drives but
that is only because there is physically not enough space to
park a car. Mr. Dykes mentioned that as late as last week
driveways were being installed.
Councilman Philips mentioned that he remembered reviewing
the plans and the best he could tell the plans were very
complete.
Mr. Dykes stated that at the time the plans were drawn,
the staff felt that there was not enough room for a driveway
at some homes and therefore, did not plan for one. However,
after the project got underway, the people who reside in the
area requested driveways in places that one usually would
not anticipate a drive.
Councilman Philips stated that he would like for the
Administration to give an interim report on a development of
this nature.
Mr. Lanham explained that on overrun sometimes it is
difficult to know what that will be until a contract has
been completed. On change orders that is not a problem
because that is an addition to the contract which is worked
between the city and the contractor. Council authorizes all
change orders.
10723 -13
Minutes of the Regular Meeting - July 23, 1981
Mayor Hutto stated that Council always has the option
of limiting contracts by a percentage amount. Councilman
Philips concurred and stated that some communication to
Council would have helped greatly.
Councilman Johnson moved for adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3202
AN ORDINANCE APPROVING AND ACCEPTING THE 1979 -1980 COMMUNITY
DEVELOPMENT PROGRAM- STREET AND DRAINAGE IMPROVEMENT TO
CHERRY AND PINE STREETS; FINDING THAT THE IMPROVEMENTS ARE
IN ACCORDANCE WITH THE TERMS OF THE CONTRACT: ACCEPTING THE
CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE: AUTHO-
RIZING THE FINAL PAYMENT TO THE SAID ANGELS EQUIPMENT CO.
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Authorizing Industrial District
Agreement with Helmerich and Payne, Inc.
Two of the industrial district contracts expired in
1981 - -Exxon and Helmerich and Payne. The proposed contract
is exactly like the Exxon contract and it is acceptable to
the officials of Helmerich and Payne. The Administration
recommended approval of the ordinance.
Councilwoman Wilbanks moved for adoption of the ordi-
nance; Councilman Philips seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3203
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY
OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN
INDUSTRIAL DISTRICT AGREEMENT WITH HELMERICH AND PAYNE,
INC.; PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Appraisal for Bayway Drive /Baker Road Drainage
Ditch
This matter will be discussed in executive session.
Consider Proposed Resolution No. 782, Supporing Liberty
County's Protest of the Proposed Chemical Waste Dump
Site in Liberty County
The Administration was instructed at the last Council
meeting to prepare the proposed resolution. The Baytown
Area Water Authority Board adopted a similar resolution at
its meeting last week. The Administration recommended
approval of the resolution.
10723 -14
Minutes of the Regular Meeting.- July 23, 1981
Councilman Johnson moved for adoption of the resolution.
Councilman Philips seconded the motion.
Councilman Fuller inquired if this resolution is based
on emotion of others or is there factual data that this is a
hazard to Baytown watersheds?
Councilman Simmons stated that he had spoken to the
Liberty County Judge this morning concerning this matter.
A delegation from Liberty appeared before the City Council
of Houston, as well as Commissioners Court. The group
showed aerial views and documented the dangers to the City
of Houston water supply and indicated that some of this
runoff could flow into Cedar Bayou and affect the Baytown
area. The Liberty County Judge expressed his appreciation
for Baytown's unsolicited support.
Councilman Cannon stated that the City of Houston has
expressed support of Liberty County's opposition to this
site.
Councilwoman Wilbanks stated that Judge Henley, Liberty
County Judge, appeared before the Houston - Galveston Area
Council to appeal to all the counties and cities in the area
to respond to this application. The Judge showed H -GAC
members the location of the site on a map and the close
proximity of runoff to various bodies of water. There was
also a man present from Rollins Environmental Services who
pointed out that that company had been doing business in
Deer Park for 20 years with no problems. The Deer Park site
is about to reach its optimum capacity which is the reason
the company began to look for another site. The company has
purchased the property at an approximate cost of $3,500,000;
therefore, they must have fairly strong grounds for assuming
that a permit will be issued. The company representative
stated that the site meets all the geological requirements
for the amounts of sand and clay necessary. However, the
company has requested a Class "A" permit which would allow
for all types of chemical wastes disposal. The company
representative assured H -GAC members that certain chemicals
would not be deposited at that site. Judge Henley then
referred to a newspaper article in which there was discussion
that a possible sales transaction is being considered where
Rollins will be sold. The representative from Rollins was
very evasive about the sale.
Mayor Hutto pointed out that it would be possible for
whoever owns this site to carry in wastes from all parts of
the country.
Councilwoman Wilbanks stated that apparently there are
only 3 -4 sites in the entire United States that have this
Class "A" permit.
Mayor Hutto stated that he would not want to say that
the company will not get the permit, but he definitely
wanted to go on record as being opposed to it. Councilman
Johnson concurred.
Councilwoman Wilbanks stated that she would support the
resolution, but wanted to convey to Council some of the
information that had been presented before H -GAC. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
1W
10723 -15
Minutes of the Regular Meeting - July 23, 1981
RESOLUTION NO. 782
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
SUPPORTING LIBERTY COUNTY AND ITS VARIOUS MUNICIPALITIES IN
THEIR OPPOSITION TO THE PLACEMENT OF A CHEMICAL WASTE
DISPOSAL SITE IN THEIR COUNTY.
Consider Changes in Traffic Signals at San Jacinto and
Bayway, Burleson and Park and along Decker Drive
Council had requested that the Administration meet with
representatives of Exxon and discuss traffic signals at San
Jacinto and Bayway, Burleson at Park and signals along
Decker Drive. This has been done on at least three occasions.
Mr. Lanham requested that the Council consider San Jacinto
at Bayway and Burleson at Park separately from the Decker
Drive signalization. Exxon has approximately $6,000 to
improve the signalization at San Jacinto and Bayway and
Burleson at Park. The $6,000 will be sufficient to purchase
the controllers. In order to provide the capability to
place the signals on flash for a portion of the time, timers
will be necessary which cost $140 each. By the installation
of new time clocks and controllers, the city could comply
with the request of Exxon to place the signals on flash as
follows:
Monday through Friday
6:00 a.m. to 6:00 p.m.
10:30 p.m. to 11:30 p.m.
Saturday and Sunday
6:30 a.m. to 7:30 p.m.
2:30 p.m. to 3 :30 p.m.
10:30 p.m. to 11:30 p.m.
Councilman Fuller moved to authorize the Administration
to install the necessary controllers, timers, and signal
heads to allow signals located at San Jacinto and Bayway and
Burleson at Park to flash at the times listed above.
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Wilbanks,
Fuller and Cannon
Mayor Hutto
Nays: Councilman Johnson
Mr. Lanham referred to the memorandum dealing.with
traffic signal proposals which explained that the Decker
Drive System is marginal at best and during peak afternoon
hours there is no system due to heavy volumes and low speed.
If the Baytown Ofefins Plant signal is removed as authorized
by the Highway Department, the platooning through the system
would be lost. The alternatives that are available are:
1. Leave the system intact because what was there
before did not. work;
2. Remove the signals at Decker's intersections with
Shady Hill, BOP and Fairway and operate the
Rollingbrook and Baker intersections independently;
10723 -16
Minutes of the Regular Meeting - July 23, 1981
3. Remove Shady Hill and BOP and leave Fairway onboard
to operate with the master at Baker to platoon
traffic through Baker.
4. Move the Master to Baker and flash all others
between the hours of about 6:30 p.m. and 5 :30 a.m.
and weekends. The Traffic Commission supports
this one.
5. Leave all signals as they are - disconnect the
system and have each intersection flash except
during their peak hours. This would have some
flashing most of the time, but the times would
generally be different. Shady Hill and Fairway
have morning peaks. Fairway, BOP and Rollingbrook
have afternoon peaks, but Fairway's peak is a
different time and does not occur when school is
out. There are no flash clocks presently at any
of these intersections.
6. Disconnect Baker and let it operate independently,
and leave the rest of the system intact, but flash
them after hours, i.e., 6:30 p.m. to 5:30 a.m. and
weekends.
The Administration concurred with the recommendation of
the Traffic Commission, but emphasized that this recommendation
is not consistent with what Exxon had requested. No money
would be required to accomplish this.
Councilman Cannon moved to authorize the Administration
to implement Alternative No. 4; Councilman Fuller seconded
the motion. The vote follows:
Ayes: Council members
Wilbanks, Fuller
Mayor Hutto
Nays: None
Philips, Johnson, Simmons,
and Cannon
Consider Appointments to Mechanical Board
These appointments will be made at the next Council
meeting.
Recess
Mayor Hutto recessed the open meeting into executive
session to discuss contemplated litigation. When the open
meeting reconvened, the following business was transacted:
Consider Appraisal for Bayway Drive /Baker Road Drainage
Ditch
Councilman Philips moved to authorize the Administration
to offer to purchase 27.77 acres in the amount of $54,803
for the Bayway Drive drainage ditch. Councilman Johnson
seconded the motion. The vote follows:
Ayes: Council members
Wilbanks, Fuller
Mayor Hutto
Nays: None
Philips, Johnson, Simmons,
and Cannon
10723 -17
Minutes of the Regular Meeting - July 23, 1981
Prior to adjournment, Councilman Cannon requested that
the Administration check the signal at the intersection of
Wye Drive with North Main concerning the frequency the
signal changes.
In response to a request from Councilman Johnson, Mr.
Lanham stated that he had spoken with Norman Dykes concerning
the speed bumps on Market in front of the Presbyterian
Church.
Mayor Hutto requested that the Director of Planning and
Traffic check the time element on the left turn signal at
North Main and Cedar Bayou.
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
Eileen P. Hall, City Clerk
t
Fire Department
Public Works Dept.
Parks 6 Recreation
Dept.
F. Y. TOTALS
REVISED 7/17/81
1981 CAPITAL IITROVEMENTS PROGRAM
SUMMARY
1981 -82 1982 -83 1983 -84 1984 -85 1985 -86
$ 230,000
$4,283,000
$1,090,000
$6,504,000
$ 625,000
$5,603,000 $7,129,000
•$1,950,000
$6,400,000
$ 176,000
$8,526,000
$ 794,000
$ 193,000
$ 839,000
$ 206,000
$ 987,000 $1,045,000
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1981 CAPITAL
IMPROVEMENT PROGRAM
REVISED 7/17/81
$ -0- $ -0-
35,000
PUBLIC WORKS DEPARTMENT
69,000
70,000 70,000
.
UBJF.CT:
PROJECT
1981 -82
1982 -83
1983 -84
1984 -85
1985 -86
TER:
Elevated Water Tank
$2,110,000
$
$
$
$
•Craigmont /Ponderosa
Repair
352,000
Graywood
87,000
Knowlton, Donovan &
Nolan Repair
15,000
Adams & Olive
35,000
Florida
30,000
Olive & Fayle
50,000
Holloway
28,000
Middleton Road
26,000
Barkuloo Rd. Ext.
70,000
Hardin Rd. Ext.
69,000
Eva Maud
308,000
Raccoon Extension
198,000
Lee Dr. Extension
51,000
Rollingbrook Dr. Ext.
__111,000
T O.T A L
$2,249,000
$ 300,000
$ 430,000
$ 26,000
$ 535,000
%'ER:
W. Dist. Improv.
1,153,000
1,266,000
Cen. Dist. Improv.
138,000
185,000
547,000
E. Dist. Improv.
69,000
150,000
864,000
Sliplining
240,000
230,000
230,000
232,000
234,000
Lift Station
444,000
Line Replacements
40,000
100,000
103,000
Cen. Dist. Cathodic
Protection
46,000
E. Dist. Cathodic
Protection
69,000
T 0 T A L
$1,600,000
$1,871,000
$2,300,000
$ 335,000
$ 234,000
%1NAGE: Adams Street
Hwy 146 Extension
Bayway /Baker Ditch
EETS: Rollingbrook Drive
Caldwell Drive
Massey - Tompkins
Curve
Sidewalks
Massey - Tompkins ROW
T 0 T A L
Available Street
Bond Funds of
$650,000
Streets Balance
F.Y. TOTALS
313,000
70,000
173,000
$ 173,000 $ 383,000
750,000 3,881,000
92,000
69,000 69,000
$ 911,000 $3,950,000
- 650,000 -0-
$ 261,000 $3,950,000
$4,283,000 $6,504,000
2,691,000
753,000
$3,444,000
$ -0- $ -0-
35,000
363,000
69,000
70,000 70,000
122,000
$ 226,000
$ 433,000 $ 70,000
-0- -0- -0-
$ 226,000 $ 433,000 $ 70,000
$6,400,000 $ 794,000 $ 839,000
TOTAL - $18,820,000
City of Baytown
Parks and Recreation.Department
1981 CAPITAL IMPROVEMENT.°, PROGRAM
June 17, 1981
181 -182 182 -183 183 -'84 '84 -'85 185 -'86
I. Little League Park 260,000
II. Land Acquisition 740,000
III. Gray Sports Complex 80,000
IV. Adams Pier 10,000
1,090,000
I. Land Acquisition
530,000
II. Travis Schuol Park 450000
III. Wooster Park 501000
625,000
140,000
I. Britton Park, '
33,000
II. Narcille Park
33,000
III. Lantern Lane Park 206,000
$2,290,000
c ��
46,000
I. Land Acquisition
98,000
II. Ashbel -Smith Park
25,000
III. Milner Park
7,000
IV. Pelly Park
176,000
140,000
I. Bayland Park
•
53,000
II. Eddie Huron Park
193,000
140,000
I. Britton Park, '
33,000
II. Narcille Park
33,000
III. Lantern Lane Park 206,000
$2,290,000
c ��