1981 08 13 CC Minutes10813 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
August 13, 1981
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, August 13, 1981, at 6:30 p.m.
in the Council Chamber of the Baytown City Hall with the
following attendance:
Fred T. Philips
Jimmy Johnson
Perry Simmons
Mary E. Wilbanks
Roy L. Fuller
Absent: Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Randy Strong
Eileen P. Hall
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
The meeting was called to order with a quorum present
and the invocation was offered, afterwhich the following
business was conducted:
Minutes
Councilman Philips moved for approval of the minutes
for the meeting held July 23, 1981, with the correction on
Page 10723 -15 116:00 p.m. to 6 :00 a.m." being noted. Council-
woman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
Receive Petitions
Mr. Lanham stated that two petitions had been received
by the Administration today wherein the petitioners are
requesting that city -owned property fronting the library be
retained.
Councilman Simmons moved to accept the petitions;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
Mr. Refugio Martinez, representative of the DeZavala
Neighborhood Council, presented a petition concerning prob-
lems at Bergeron Park on Kentucky and Foote Park on West
Main Street during late afternoon and night hours. The
petitioners requested increased undercover activity and
increased uniformed patrols of both parks.
10813 -2
Minutes of the Regular Meeting - August 13, 1981
Councilman Johnson moved to accept the petition; Council-
woman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
Councilman Johnson thanked Mr. Martinez for taking the
time to present the petition and stated that through his
efforts perhaps something could be done.
Citv Manager's Report
Entex Purchased Gas Adjustment - Council had been
furnished with a letter from Entex regarding purchased gas
adjustment. Each six months the gas company adjusts its
rates. Six months ago the company increased its rates; the
six months prior to that the rates were reduced. There is
no necessity for Council to take action on the increase. If
Council takes no action, the rate is automatically effective.
However, if Council desires to take formal action, it will
be necessary for Council to hold a rate hearing. Six months
ago, Council took no action and the increase became effective.
Randy Strong, City Attorney, explained that both under
the Railroad Commission regulations and the way that rate
regulations of gas utilities work, if Council desires to
question or not allow this pass through, a "full blown" rate
hearing would be required where all aspects of the company's
rates would be investigated and probably the company would
then also show reason to have the base rate increased.
Councilman Philips stated that what he would like would
be a public explanation of this proposed rate increase by
Entex so that there would be some public understanding
rather than an automatic increase.
The City Attorney stated that this increase is very
similar to the fuel cost adjustment of HL&P. Only, HL&P's
is done on a monthly basis. The gas utilities are limited
to a six month pass through.
Mr. Lanham stated that an item in this regard would be
placed on the next agenda.
Chamber of Commerce Highway Committee - The Chamber of
Commerce Highway Committee has arranged an appearance before
the Texas State Highway Commission in Austin on Monday,
August 31 to request funding of design work for Highway 146
bridge over-the ship channel. A bus will be leaving Baytown
at 5:00 a.m. The committee would like as many as possible
of the City Council members to attend. Council will be
contacted in this regard.
Tax Appraisal Districts - The Administration has been
contacted by Mr. Clark's office about the possibility of a
joint meeting of the City with the school board and college
board to discuss the various possibilities regarding which
tax appraisal district to join -- Harris County Appraisal
District or Chambers County Appraisal District. In October,
all taxing entities located in more than one district will
have to make some sort of decision in this regard. Therefore,
the Administration felt that the entities should meet to
discuss the possibilities. City Council requested that the
Administration attempt to arrange a meeting for Wednesday,
August 19, 1981 at 7:00 a.m.
10813 -3
Minutes of the Regular Meeting - August 13, 1981
In response to an inquiry from Council, Mr. Lanham
explained that each district would make its own decision as
to what district to join.
Clean City Commission - Council had been furnished with
a report from the Clean City Commission regarding the Summer
Anti - Litter team.
Employees Picnic - Council was notified of the annual
employees picnic which is to be held August 28.
Raccoon Road Water and Sewer Project - The contractor
has moved pipe onto the job site to begin the Raccoon Road
Water and Sewer Project.
Sliplining - The sliplining contractor is 95% complete.
1981 Street Improvement - The street improvement
contractor since the last Council meeting has completed work
on Fayle, has the curb and gutter in place on Indiana, and
will asphalt Indiana on Monday, August 17. Curb and gutter
has been poured on Kansas.
Sidewalk for Crockett School - City crews have com-
pleted site preparation for the sidewalk from Chaparral
Village to Crockett Elementary School. If the contractor
can begin work next week, that work should be in place prior
to the beginning of the school year.
Drainage - City crews have completed work on Massey
Tompkins; Goose Creek Drive project is 60% complete.
Questions and Comments Regarding City Manager's Report
Councilman Philips requested that the Administration
provide Council with a near -term schedule on drainage work.
With regard to an inquiry concerning the Baker /Garth
intersection, the contractor intends to pour the northwest
corner of that intersection tomorrow. Traffic has been
shifted to the east side of Garth and the contractor under-
stands the importance of this intersection. The base work
was performed yesterday and the pour will be performed
tomorrow.
Council recommended that the City provide an officer to
expedite the movement of traffic and that overtime be paid
if necessary.
Mayor Hutto suggested that the Administration check to
determine if the contractor might pay for an officer to help
expedite traffic since the contractor is paying for assistance
at other intersections on Baker.
' In response to an inquiry from Council, Norman Dykes,
City Engineer /Director of Public Works, explained that the
preliminary engineering work had been performed regarding
drainage in the Sherwood /Greenwood area. However, the
engineering department will do more detailed work and
develop cost estimates.
10813 -4
Minutes of the Regular Meeting - August 13, 1981
Receive Annual Report of Baytown Cultural Arts Council
Council had been furnished with a report from the
Baytown Cultural Arts Council which listed the members of
the arts council and the activities of the group. Barbara
Hinds, Chairman -of the arts council, was present and in
response to inquries from Council explained that by shifting
the date of appointments to the arts council, transitions
will be more smoothly made. Also, since the committee has
been working for approximately one year, it seems that there
is a balanced representation on the committee of the various
cultural groups in Baytown.
Mayor Hutto thanked Mrs. Hinds and the Baytown Cultural
Arts Council for its efforts and expressed the appreciation
of Council.
Consider Proposed Ordinance, Ratifying and Confirming Prior
City of Mont Belvieu Annexation Within City of Baytown
Extra - Territorial Jurisdiction
The proposed ordinance relates to the ratification of
two annexations by the City of Mont Belvieu. One was approved
by the City of Mont Belvieu in June, 1980; and the other, in
June, 1981. These areas are within City of Baytown extra-
territorial jurisdiction which was overlooked at that time.
The area involved is northwest of Mont Belvieu.
The next item on the agenda relates to the proposed
annexation by the City of Mont Belvieu within Baytown's
extra- territorial jurisdiction which location was indicated
on a map. The Administration recommended approval of the
ordinance.
Councilman Philips moved for adoption.of the ordinance;
Councilman Johnson seconded the motion.
In response to an inquiry from Council, Randy Strong,
City Attorney, explained that if Council approved these
annexations, the City of Baytown would no longer have control
of drainage requirements in those areas. He also mentioned
that the Administration is in the process of reworking an
existing agreement with the City of Mont Belvieu regarding
extra - territorial jurisdiction because the present agreement
is rather vague with regard to the description of boundaries.
Since the city is interested in re- defining those boundaries
by agreement, probably the area being discussed would fall
within City of Mont Belvieu jurisdiction.. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
ORDINANCE NO. 3204
AN ORDINANCE RATIFYING AND AGREEING TO TWO PRIOR ANNEXATIONS
BY THE CITY OF MONT BELVIEU, CHAMBERS COUNTY, TEXAS OF THE
HEREINAFTER DESCRIBED TERRITORIES LYING WITHIN THE EXTRA-
TERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN, TEXAS.
10813 -5
Minutes of the Regular Meeting - August 13, 1981
Consider Proposed Ordinance, Approving Proposed Annexation
by City of Mont Belvieu within City of Baytown Extra -
Territorial Jurisdiction
The Administration recommended approval of the proposed
ordinance.
Councilman Johnson moved for adoption of the ordinance;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
ORDINANCE NO. 3205
AN ORDINANCE OF.THE CITY COUNCIL OF THE CITY OF BAYTOWN
AGREEING TO AND ACCEPTING A PROPOSED ANNEXATION OF TERRITORY
LYING WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY
OF BAYTOWN DESCRIBED HEREINAFTER BY THE CITY OF MONT BELVIEU,
CHAMBERS COUNTY,-TEXAS.
Consider Proposed Ordinance, Authorizing Final Payment
on East District Sewer Trunk Line - Contract No. 2
Jesse Lovelace Construction Company has two contracts
related to the East District Sanitary Sewer System improve-
ments. Contract No. 1 has not been completed; however,
Contract No. 2 which is the force main has been completed.
The work has been inspected by Langford Engineering Company
and by the city staff. Both recommended approval of final
payment. The original contract amount was $466,638; the
adjusted contract amount is $445,686. The contractor
completed the work five (5) days ahead of schedule.
Councilman Philips moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
ORDINANCE NO. 3206
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO JESS LOVELACE
CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF 21 -INCH FORCE
MAIN FROM EAST DISTRICT SEWER TREATMENT PLANT TO RACCOON
DRIVE LIFT STATION; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Hold Public Hearing on Proposed Annexation North of
Massey Tompkins Road (7:00 p.m.)
Mayor Hutto declared the public hearing on proposed
annexation north of Massey Tompkins Road to be open and
allowed time for those who desired to speak to sign the
register provided for this purpose.
10813 -6
Minutes of the Regular Meeting - August 13, 1981
The City Manager referred to a map which depicted the
area being considered for annexation, along with the area
originally proposed for annexation.
Councilman Johnson expressed the feeling that no good
purpose could be served by annexing vacant property. He
felt that populated areas would receive some benefit from
annexation in that sewer and water services would be provided.
Mr. J. R. Martin, 2100 Montana, representative of
owners of a tract running south of Jenkins Park, appeared to
state that that particular tract is open, vacant land that
currently is agricultural use land. The owners have no need
for city services and requested that Council reconsider and
remove that particular parcel from the proposed annexation.
Mr. H. H. McKinney, 2015 Massey Tompkins, appeared to
inform Council that the 200 feet where his home is located
is already inside the city limits, but the remainder of his
property is outside. This is agricultural property and has
been so since Civil War times. Mr. McKinney's parents had
owned the property since the early 1900's and Mr. McKinney
intends to keep the property agricultural. The entire tract
contains 31.33 acres and Mr. McKinney has improved pasture
at that location.
Mr. Charlie Wright, owner of fifteen-acres next to
Trailwood which is outside the city limits, appeared to
state that he did have intention to develop the ground
eventually, but not at present.
Mr. Lanham explained that there would be a problem to
annex this land in the future, unless the owner requested
annexation. If the request was never made, however, this
would mean a strip completely surrounded by the city limits
which could not be annexed.
In response to an inquiry from Council, Mr. Lanham
explained that Council would not be taking action on the
annexation tonight, but Council would need to advise the
Administration what is to be considered under first reading.
Mr. Wright's land was included in the original suggested
description of land to be annexed.
Councilman Fuller stated that he too felt that annexation
of agricultural property would not benefit the city or
owners of said property. He suggested reducing the area to
be annexed to exclude the two large tracts that are vacant
or ag -use tracts; Councilman Philips concurred.
Council concurred that the ordinance on first reading
should include only the property originally considered for
annexation as shown on the map.
There being no other persons present desiring to speak,
Mayor Hutto closed the public hearing.
Board of Equalization Certifies Tax Roll to City Council
Council Adopts Board of Equalization Assessment Roll
011ie Clevenger, Chairman, of the Board of Equalization
for the City of Baytown for 1981, read the report of the
board to Council. That report is attached to the minutes
and made a part hereof for all intents and purposes (See
Attachment "A ").
10813 -7
Minutes of the Regular Council Meeting - August 13, 1981
Mayor Hutto stated that he concurred with the Board's
recommendations and thanked Mr. Clevenger and the Board for
their service.
Councilman Philips moved to accept the report and
approve and adopt the rolls, along with assessed value as
recommended. Councilman Johnson seconded the motion.
In response to an inquiry from Council, Mr. Clevenger
stated that all the property on either side of Garth Road
within the 200 feet inside the city limits was assessed at
$2.00 per square foot which was based on limited sales that
the tax department was able to obtain data on.
The City Attorney advised Council that there would be
no problem with appointing the Board of Equalization sooner,
but the first meeting would have to be in accordance with
Charter provisions that the first meeting shall be on the
first day of June or as soon thereafter as practicable.
This way the Board members individually can come by the tax
office to gather information in advance of the first board
meeting.
Mayor Hutto informed Mr. Clevenger that the Adminis-
tration had recommended funds in the 1981 -82 budget for the
placement of benchmarks throughout the city.
In response to an inquiry from Mr. Refugio Martinez,
the City Attorney explained that state statutes provide that
taxation shall be based on fair market value. The value of
U.S. Steel properties is lower because of the steel industry
slump. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
Consider Recommendation of Baytown Library Board in Response
to First American Bank's Request to Acquire City -Owned
Property
David Kadjar appeared on behalf of the Baytown Library
Board to respond to the request of City Council that the
Board consider the request of First American Bank to purchase.
city -owned property adjacent to the library. The Baytown
Library Board unanimously felt that First American Bank is a
good neighbor with a very fine facility; however, the board
also felt that the purchase would hinder any future expansion
by Sterling Municipal Library. The board recommended to
Council that the City retain the land for future expansion.
Councilman Fuller moved to accept the library board's
report, take same under advisement, and that a committee
from the Council be appointed to meet with a committee from
the library board to further study the proposal and recom-
mendation. Councilman Simmons concurred and seconded the
motion.
Councilwoman Wilbanks mentioned that attached to the
letter from the library board is a copy of a letter dated
May, 1976. Therefore, perhaps there is other background
information to be considered such as value of property
acquired and future library plans. At the time the May,
1976, letter was drafted reference is made to planned
expansion to the front of the library. The vote follows:
10813 -8
Minutes of the Regular Council Meeting - August 13, 1981
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
In accordance. with the vote, Mayor Hutto appointed
Council members Fuller and Philips as a committee to represent
the Council to meet with representatives of the library
board and the bank and come back to Council with additional
facts or recommendation. Councilman Philips is to chair
this committee.
Councilwoman Wilbanks stated that in the past Council
has had groups appear concerning various areas of city
activity and that it is very rewarding to see that so many
people are concerned enough about the library to come and
share their thoughts with Council. This means that the
library is important to a great number of the citizens of
Baytown. Therefore, it is significant that Council weigh
this just as importantly as any other issue.
A Representative of Baytown Housing Authority Will Appear
Bill Eiland, Director of the Baytown Housing Authority,
was present to inform City Council that another single
family mortgage program for Baytown is in process. The two
previous bond issues for Baytown have been through the
Baytown Housing Finance Corporation which were limited to
the city limits of Baytown. Beginning January 1, 1981, the
only individuals who may participate in a housing finance
program are individuals who are first -time homeowners or
someone who has not owned a home in the last three years.
Of the individuals who participated in the first two bond
issues, 55 -60% were first time homeowners which reduces the
market considerably. Therefore, under a new Texas law which
was adopted this year, it has become possible to form regional
housing finance corporations. Seven different areas have
been contacted regarding the formation of a regional finance
corporation -- Pasadena, Baytown, LaPorte, Deer Park, Chambers
County, Liberty County and Wharton County. This corporation
will be known as the South East Texas Housing Finance Corporation.
More areas that participate make more money available. Each
area will have an allocated amount of funding based on
population or market demand. Baytown money will have to be
used in Baytown. Mr. Eiland stated his reason for appearing
before Council was to ask Council's approval for Baytown to
join in this endeavor. Mr. Eiland stated that all the areas
have been contacted and it appears that each area will join
this regional corporation. Liberty and Wharton Counties
have already adopted resolutions and the remainder of the
entities should have done so within the next couple of weeks.
This regional plan is simply a different legal vehicle by
which to proceed with the same type housing program offered
in the past.
In response to an inquiry from Council, Mr. Eiland
stated that since Highlands is an unincorporated area, it
would not be included under the regional program. Also, Mr.
Eiland explained that the benefit to Baytown would be that
money allocated would come back to Baytown which should act
as a stimulant to the housing market. By all these areas
joining together, a large enough bond issue can be produced
to interest buyers.
10813 -9
Minutes of the Regular Council Meeting - August 13, 1981
Mr. Eiland stated that if money were available this
very minute probably there could be a program with 12 -12�%
interest rates on mortgages which is substantially below the
present market rate.
Councilman Johnson clarified that what this regional
housing corporation represents is exactly what was done when
the Baytown Housing Finance Corporation was formed and the
program will not cost the citizens of Baytown anything. All
that is necessary is to obtain Council approval and no
matter what happens, the City of Baytown will not have any
financial or legal responsibility.
' Baytown City Council will appoint one member to serve
on the Board of the South East Texas Housing Finance Cor-
poration and Baytown savings and loans will have the oppor-
tunity to participate in this program.
Mr. Eiland reiterated that this is simply a vehicle by
which Baytown can get another bond issue.
Mr. Lanham inquired if the board could establish the
requirement that the homes be constructed in only approved
subdivisions?
Mr. Eiland responded that that would be up to the board
of directors, but probably something like that could be
approved.
An emergency item had been included on the agenda;
however, Mr. Eiland requested that that item be removed and
that this matter be formally considered by Council at its
next meeting.
Consider Proposed Ordinance, Awarding Bid for Data Processing
Equipment and Software
Two or three months ago, the Administration discussed
with Council the long range plan for data processing operations.
At that time, Council authorized the Administration to take
bids on hardware and software that would enable the staff to
centralize the data processing function on the police computer
and phase out the operation at city hall. Bids were taken
on the equipment. Revised ordinance and revised tabulation
was placed at the Council table.
What the Administration proposed was that the equipment
be purchased on a three -year lease purchase basis.
Larry Patterson, Director of Personnel, explained that
bids were taken under three difference packages. Package
No. 1 is a bid which outlines some additions to hardware.
In order to centralize the data processing operations and
move financial packages onto the Honeywell 52 computer, that
machine's capacity needed to be increased. Package No. 1
will increase the main memory from 160K to 480K and it will
increase performance modules from 25% to 900. In addition,
it will provide additional disc storage and increase printer
capacity by 200 lines per minutes. Presently, the printer
can print 450 lines per minute.
Package No. 2 will give additional support equipment or
10 CRT's which will be located in various departments so
that information can be relayed to the data center and
received from the center. Two remote printers will be
furnished, along with a paper receiving tray and port RTC's
which fragment the information out to the various CRT's.
10813 -10
Minutes of the Regular Council Meeting - August 13, 1981
Package No. 3 will provide the software packages that
will provide financial operations -- accounts payable, payroll
and general ledger.
Nine companies were mailed invitations to bid. Two
companies submitted no bids. Two companies submitted bids -- Honeywell
Systems Information and ITT Courier. Under Package No. 1,
Honeywell was the only company to submit a bid. Honeywell
submitted a bid on the one year rent option for the amount
of $2,102 per month and three year lease purchase for $2,482
per month. The Administration felt the better bid was the
three year lease purchase to provide more options as far as
what could be done with that equipment. There will be a
$291 per month maintenance fee and a one time delivery
charge of $610.
Under Package No. 2, both companies bid. The Administration
felt that the low bid was that of ITT under the three year
lease purchase for $1,267 per month with a maintenance fee
of $481 per month and a one time delivery charge of $615.
The payout on the three year lease purchase is approximately
$45,000 while the payout on the five year lease purchase is
approximately $49,000. Therefore, the city on the three
year lease purchase would not be obligated for as long a
period of time for a lesser cost.
Under Package No. 3, Honeywell is the only bidder. The
options are outright purchase and monthly lease. The Adminis-
tration recommended the outright purchase of $7,161.
A tabulation of the bids is attached to the minutes as
Attachment "B."
Mr. Lanham stated that the recommendations are consistent
with the long -range plans discussed by Council, as well as
the estimates and budget amounts presently being considered
by Council. The Administration recommended approval of the
awards as outlined by Mr. Patterson.
In response to an inquiry from Council, Mr. Patterson
stated that there would be a few things that would need to
be coordinated to get the hardware in place and operational.
For instance, phone lines will need to be laid, CRT's will
need to be placed and the software package will need to be
made operational. A good portion of the police program is
up and running. By September, more of that should be completed.
The payroll system should be'operational within the next two
or three months and then accounts payable will be worked.
Mr. Patterson explained that the city is working under
two concepts. Software packages are being obtained, but at
the same time, the city is contracting with Bob Greer as
far as data processing operations with regard to programming.
In any type operation, there is implementation cost.
Council requested that the Administration provide an
updated schedule with regard to data processing.
Mr. Lanham responded that the Administration would
update the schedule provided Council previously.
Mr. Lanham stated that the decision is whether to
expend funds on the equipment in City Hall because it has
reached its limits and recently there have been maintenance
problems. When the computer at the police department was
purchased, it was purchased with the thought that it would
serve other departments as well.
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Minutes of the Regular Council Meeting - August 13, 1981
Councilman Johnson moved to adopt the proposed ordinance;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
ORDINANCE NO. 3207
AN ORDINANCE ACCEPTING THE BID OF HONEYWELL SYSTEMS FOR THE
PURCHASE OF PACKAGE I OF DATA PROCESSING EQUIPMENT AND
AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF
TWO THOUSAND SEVEN HUNDRED SEVENTY THREE & N01100 DOLLARS
($2,773.00) PER MONTH PLUS THE SUM OF SIX HUNDRED TEN &
N01100 ($610.00) DOLLARS IN DELIVERY CHARGES; AND ACCEPTING
THE BID OF ITT FOR THE PURCHASE OF PACKAGE II OF DATA PROCES-
SING EQUIPMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF
BAYTOWN OF THE SUM OF ONE THOUSAND SEVEN HUNDRED FORTY EIGHT
& N01100 ($1,748.00) DOLLARS PER MONTH PLUS THE SUM OF SIX
HUNDRED FIFTEEN & N01100 ($615.00) DOLLARS IN DELIVERY
CHARGES; AND ACCEPTING THE BID OF HONEYWELL SYSTEMS FOR THE
PURCHASE OF PACKAGE III OF DATA PROCESSING EQUIPMENT AND
AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF
SEVEN THOUSAND ONE HUNDRED SIXTY ONE & N01100 ($7,161.00)
DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consent Agenda
In response to an inquiry from Council, Chief Turner
explained that the police reserves are responsible to acquire
necessary training provided by law and these people buy
their own weapons. If Council certifies these three appli-
cants, Baytown will have three reserve officers. Several
years ago, there were more people involved in police reserves.
By ordinance, the reserves are limited to 20 individuals.
These people perform only the tasks assigned by the Chief of
Police.
The consent agenda was then considered as set forth in
the agenda packet as follows:
13. Consent Agenda
a. Four bids were received on the rehabilitation of
the house at 700 Willow. Work to be accomplished
includes roof repair, repair and replacement of
windows, replace exterior doors, repair back
porch, paint exterior wood, install 100 amp elec-
trical service, paint ceilings in bedrooms and
living room, repair floor and walls in two rooms,
and install new bathroom door. Four bids were
received and the low bid of $6,625 is that of
Eastside Construction.
We recommend approval of Proposed Ordinance No.
10813 -4, awarding the contract to the low bidder.
b. Bids were received on the rehabilitation of the
house at 1521 Thompson. Repairs include removal
and rebuilding a deteriorated section of the house
which includes the bathroom and kitchen, installation
of a new roof, replacing rotted windows, install
new front and back doors, install 100 amp electrical
10813 -12
Minutes of the Regular Council Meeting - August 13, 1981
service, installation of new flooring material in
bathroom and kitchen, and installation of new
kitchen cabinets and sink. Four bids were received
and the low bid for $9,275 was submitted by Eastside
Construction.
We recommend approval of Proposed Ordinance No.
10813 -5, awarding the contract to the low bidder.
C. Resolution No. 783, authorizes the City Manager to
make application for funds to continue the operation
of the Harris County Organized Crime Control Unit.
This is a cooperative effort involving Harris
County, the City of Houston, Baytown, and a number
of the other cities in Harris County. The unit
became operational on January 1, 1972 and addresses
itself to the organized crime element involving
fences, bookmaking, auto theft rings, burglary and
theft rings, narcotics, prostitution, and white
collar crimes. This application for $176,615 will
be made to the Criminal Justice Division of the
Governor's Office and will be utilized to pay
salaries of three employees, rent, office supplies,
mileage reimbursement, and other items necessary
to operate this unit. The various governmental
entities participating in the program provide the
officers who work with the unit. Baytown has
administered the grant for the unit for several.
years.
We recommend approval of Proposed Resolution No.
783.
d. The City Code establishes a police reserve force
and provides that no person appointed to the
police reserve may carry a weapon or otherwise act
as a police officer until he has been approved by
the City Council. The Code also provides that
members of the police reserve shall serve at the
discretion of the Chief of Police and may be
called into service at any time the Chief of
Police considers it necessary to have additional
officers to preserve the peace and enforce the
law. The Code provides that reserve police officers
shall act only in a supplementary capacity to the
regular police force and in no case assume the
full time duties of regular police officers without
first complying with all requirements for such
regular police officers. Members shall conform
with the minimum training standards for all reserve
law enforcement officers which have been established
by the State Commission on Law Enforcement Officer
Standards and Education. George Bob McCuen,
Joseph Adrian Raymer, and Aiabin B. Rose, Jr. meet
the requirements of the Code and we recommend
approval of their appointment to the police reserve
force.
e. Harold Dressendorfer who lives off Raccoon Drive,
in the area that is being considered for annexation,
has requested permission to connect to the City
sewer line.
We recommend approval of this request.
10813 -13
Minutes of the Regular Council Meeting - August 13, 1981
Councilman Simmons moved for adoption of the Consent
Agenda Item Nos. a through e; Councilman Philips seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
ORDINANCE NO. 3208
AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVEL-
OPMENT REHABILITATION PROJECT NO. 80 -03 -07 TO EASTSIDE
CONSTRUCTION FOR THE SUM OF SIX THOUSAND SIX HUNDRED TWENTY
FIVE & N01100 ($6,625.00) DOLLARS.
ORDINANCE NO. 3209
AN ORDINANCE AWARDING THE CONTRACT FOR A COMMUNITY DEVEL-
OPMENT REHABILITATION PROJECT NO. 80 -03 -08 TO EASTSIDE
CONSTRUCTION FOR THE SUM OF NINE THOUSAND TWO HUNDRED
SEVENTY FIVE AND N01100 ($9,275.00) DOLLARS.
For tabulation, see Attachment "C."
RESOLUTION NO. 783
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE
COUNCIL FOR THE CONTINUED OPERATION OF THE HARRIS COUNTY
ORGANIZED CRIME CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Consider Proposed Ordinance, Amending City of Baytown's
Personnel Rules
Council had been furnished with a copy of a memorandum
which contained recommendations of the Classification and
Personnel Rule Review Committee. None of the recommendations
involve the expenditure of funds with the possible exception
of the change in payment for sick leave-policy--Chapter 8,
Section 3.
Larry Patterson, Director of Personnel, explained that
the present policy is a records keeping problem since records
are only retained for six years. The policy provides that
if an individual leaves city employ, the individual is paid
for accumulated sick pay up to 90 days and upon retirement
up to 120 days, returns and then leaves again, that individual
will only receive the difference between what was paid
originally and what has accumulated under the second hiring.
Since personnel records are only maintained for six years,
if an individual is re- employed after that period of time,
there is no record of what was paid under previous employ-
ment. Therefore, the recommendation is that re- employment
after a six year absence will act as new beginning. Mr.
Patterson stated that this should not be a big problem since
there has only been one such case in the past six years.
Councilman Fuller stated a minor point of correction
throughout the proposed changes where "my office" is used
that wording should be "personnel office."
10813 -14
Minutes of the Regular Council Meeting - August 13, 1981
Councilman Philips moved for adoption of the ordinance;
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
ORDINANCE NO. 3210
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AMENDING THE "CITY OF BAYTOWN PERSONNEL RULES "; PROVIDING
FOR A REPEALING CLAUSE, CONTAINING A SAVINGS CLAUSE, AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Acquisition of Right of Way to Realign Cedar Bayou
Lynchburg at North Main
This matter was discussed during the last Council
meeting. The Administration was asked to develop cost
estimates to obtain rights of way to realign Cedar Bayou
Lynchburg at North Main. The county has agreed to perform
the construction if the City will obtain necessary rights of
way.. Estimated cost of rights of way for realignment is
$180,000. There are three property owners involved. At one
location a building is located and the project would sever
the lot; therefore, the city would necessarily purchase the
entire lot.
The City Council has requested that the County include
the rebuilding of Cedar Bayou Lynchburg in the next County
bond issue; however, there are no guarantees that this
project will be included in that bond issue.
In response to Councilman Johnson's inquiry as to
whether the possibility had been considered to curve in the
other direction, Mr. Lanham stated that this had not been
considered, but that could be a possibility.
Mayor Hutto suggested that perhaps it would be best to
continue working with the County to have this item included
as part of the next County bond issue; Council concurred.
Consider Driveway Information for 705 East Lobit
Mr. C.H.R. Burroughs appeared before Council at the
last Council meeting concerning his driveway. Council had
requested that the Administration develop a sketch of Mr.
Burroughs' driveway in relation to the street. That sketch
has been included in the Council packet. The driveway from
the street up to the sidewalk is a steep grade. The sidewalk
is level, but the driveway is another grade up to the house.
The Administration felt that one possible solution would be
for Mr. Burroughs to rebuild his driveway. In most cases
when driveways are constructed the sidewalk is torn out and
the driveway constructed.
Councilman Johnson inquired if Mr. Burroughs were to
tear out the existing driveway and sidewalk and rebuild,
would in Mr. Dykes opinion the car still drag?
10813 -15
Minutes of the Regular Council Meeting - August 13, 1981
Mr. Dykes responded that he felt the car would not if
Mr. Burroughs went up into his yard to the proper point to
connect to the existing driveway and if Mr. Burroughs followed
the City of Baytown's recommended driveway specifications.
Those specifications are 1 to 12 inch slope. On driveways
with this slope, very few cars will drag even with the crown
of the street higher. There could be some exceptions, but
the 12 inch slope should take care of most cars.
Mr. Dykes pointed out that the biggest problem is the
20.8% slope between the gutter line and the sidewalk in that
short distance of about 5 feet.
Mr. Dykes stated that there are many cases like this
within the city. Under present city policy, these are the
responsibility of the property owner.
Mayor Hutto stated he could not see anything that the
city could do about the situation.
Council felt that Mr. Burroughs should be notified of
what the solution to the problem would be and requested that
the Administration draft a letter to Mr. Burroughs explain-
ing the city policy and forward a copy of the driveway
standards in the event he should elect to rebuild his driveway.
Consider Request of Harris County Muncipal Utility District
No. 3 for Sewer and Water Service Outside City Limits
Harris County Municipal Utility District No. 3 was
formed several years ago, but was never activated. Plans
are to activate the district which is located north of
Interstate 10 and west of Garth Road. The request has been
made to purchase water which request should be referred to
the Baytown Area Water Authority - -the appropriate entity to
provide water service. However, the City of Baytown would
be the proper entity to provide sewer service. However, the
sewer line down Garth Road to service the mall and that area
will be overloaded within a few years. There has been some
discussion regarding the development of a plan that would
involve enlarging the West Main Sewerage Treatment Plant but
with continued added flow, that plant will become overloaded.
Several years ago, a long range sewer plan provided for the
area north of the city to be served on the west side or the
West District.
At this point, the Administration would not be able to
give Council a clear indication of where the money would
come from to finance the enlargement of the West District
plant. However, there is over $500,000 obligated to be paid
the City of Baytown by Lake Municipal Utility District as
plant buy -in. At the time that agreement was made, the plan
was to enlarge West Main plant to accomodate that flow, but
that money could be spent to enlarge the West District
plant. If Harris County Municipal Utility District No. 3
elects to pay a buy -in charge, along with other areas which
have requested service, there would be the possibility that
the city would collect enough in buy -in charges to enlarge
the West District plant.
Councilman Philips inquired what the city is planning
for the area east of Garth?
10813 -16
Minutes of the Regular Council Meeting - August 13, 1981
Mr. Lanham responded that that should be part of the
plan. The city should build a line to take care of some of
the growth to the east and some day, perhaps do the same
thing on the east and enlarge the East District plant. The
long range plan was developed in the early 1970's. Councilman
Philips stated that that plan needs to be updated badly.
Councilman Philips stated that before the City could
say that Harris County Municipal Utility District No. 3
would be provided with sewer service, an engineering study
would be necessary to determine costs.
Mr. Lanham stated that with Lake Municipal Utility
District, the City of Baytown agreed to furnish a certain
amount of plant capacity. The city can do a similar thing
with this district and decide where the service will be
provided. The district also has the option of building and
operating their own treatment plant if a permit can be
obtained.
Councilman Fuller also advocated an engineering study
be performed to determine future needs.
Mr. Lanham stated that the Administration needed guidance
from Council at this point whether Council would like the
Administration to continue to pursue this idea.
Councilman Philips suggested that an engineering update
should be made of the study that was performed in the 1970's;
Councilman Fuller concurred. Other Council members had no
objections.
Consider Appointments to Mechanical Board
Councilman Philips moved that the following appointments
be made to the Mechanical Board:
John E. Moore, Registered Mechanical Engineer
L. E. Hlanak, General Contractor
John Alexander, Jr., Air Conditioning Refrigeration
Journeyman
Thomas R. Kelley, Licensed Mechanical Contractor
Mr. Kelley was previously on the board as Air Condition-
ing /Refrigeration Journeyman.
Councilman Fuller seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
Consider Appointments to Baytown Area Water Authority Board
These will be considered next regular meeting.
W
10813 -17
Minutes of the Regular Council Meeting - August 13, 1981
Consider Appointments to Parks and Recreation Board
Councilman Johnson moved that the following appoint-
ments be made to the Parks and Recreation Board:
Wayne Gray and Quin McWhirter.
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor. Hutto
Nays: None
Recess into Executive Session to Discuss Pending Litigation
Mayor Hutto recessed into executive session to discuss
pending litigation. When the open meeting reconvened, the
following business was transacted:
Consider Proposed Ordinance, Authorizing Acquisition of
3.93 Acres Out of a 22.7722 Acre Tract to Construct
Bayway /Baker Road Drainage Ditch
Councilman Philips moved to adopt the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
ORDINANCE NO. 3211
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER
FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR FIFTY EIGHT
THOUSAND EIGHT HUNDRED FIVE & N01100 ($58,805.00) DOLLARS TO
THE OWNERS, OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION
OF CERTAIN INTERESTS IN A TRACT DESCRIBED HEREIN, FOR A
UTILITY EASEMENT; REQUIRING THAT SUCH OFFER BE ACCEPTED
WITHIN FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO
INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER
IS REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Authorizing Settlement of
Lawsuit-- Bayshore Constructors, Inc. vs City of Baytown
Councilman Simmons moved to adopt the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks and Fuller
Mayor Hutto
Nays: None
ORDINANCE NO. 3212
AN ORDINANCE AUTHORIZING SETTLEMENT OF A LAWSUIT AGAINST THE
CITY OF BAYTOWN STYLED BAYSHORE CONSTRUCTORS, INC., VS. CITY
OF BAYTOWN; MAKING VARIOUS PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
10813 -18
Minutes of the Regular Council Meeting - August 13, 1981
Ad j ourn
There being no further business to be transacted, the
meeting was adjourned.
Li een P. Hall, City Clerk
a�
E
U
cITY o� BAYTOV�N
TITLE: �ATA pR(X'ES� �t���� B1D TABULATION
B 1 D � 817 -70 - _ `:
��
DATE �kY�,,� �� , � , - �..
TENT QTY DESCRIPTION
DATA PRlOCESS�NG DQUIPMEi�ir
Package 1
One Year Rent
Three Year Lease - Purchase
Five Year Lease - Purchase
Maintenance
Delivery Charges Total
Package 11
One Year Rent
Three Year Lease - Purchase
Five Year Lease - Purchase
Maintenance
Delivery Charges Total
Package 111
Outright Purchase
Monthly Lease
Delivery A. R. O.
* Does not include rental on CRT'
** Based on Tow Year Rent, also
maintenance is included in
rental_. „�
GROSS 7'07AL
LESSTDISC.
N � I OTA
n ..1VRRY
UNIT EXTENOEO UN1T— 'i�N0E0 UN
$2,102.00
**
NO BID
�^
CC�PAi�1IES
$2,482.00
NO BID
NO BID
NO BID
$ 291.00/m
NO BID
$ 610.00
NO BID
* $ 557.00
**
$1,501.00
$1,556.00
$1,267.00
I`TO BID
$ 827.00
540.00
481.00/m
$ 348.00
$ 615.00
$7,161.00 I� BID
$ 285.00 NO BID
45 -60
days
UNfT EXTENp p UNIT j EX
BIDS.
_ --- �._- ....� -�. �..�. �.i...a -- "-r -�._ _ _-.
CITY ' OF BAYTOINN
TITLE
Rehabilitation Housing Projects g�D TABULATION.
BID:
DATE.- August 3, 19sl .
Eastside Const. Gusto Bu ode
ITEM QTY DESCRIPTION unrlT EXTENDED UNIT EXTENOEO UNIT
aarC Ga��`F PI?ICE PRICE
Rehabilitation Housing
Nelson Prosper
C UNIT I EXTENDS UNIT EXYENO
l .
Project
80 -03 -07
700 Willow $6,625 $8,915 6,753 $b, 711 •.
2 Rehabilitation Housing
Project
80 -03 -08
1521 Thompson $9,275 $100000 9,995 $12,510
U '
cd
GROSS TOTAL
LESS DISC.
t F TOTAL
Attachment "A"
Honorable Mayor and Members of the Council:
The Board of Equalization for the City of Baytown for the year 1981
held.public hearings on July 6th, 7th, 8th, 10th and 15th and Industrial
Hearings on July 9th. In addition the Board reconvened July 22nd and again
on July 29th to give further in -depth consideration to the information
presented during the hearings.
It was this Board's opinion that private home residential values
considering both improvements plus land as assessed by the Tax Department
are close to the 100% market values of these properties. With few excep-
tions the Board accepted these total values. However it feels most resi-
dential land values, considered alone, are too high and recommends that
the Tax Department-develop more current cost schedules for land values.
It was the Board's opinion that the assessed values of most multiple
unit apartments are significantly below 100% market value. The Tax Depart -
ment'set values on apartments based on 1978 cost figures. It did not change
these values for 1981. Although the Equalization Board recognized an
inequality between assessed values of private residences at 100% market
compared to apartments at some 20% to 25% below market, it did not have
sufficient time to develop information to support a basis for adjustment in
the values set by the Tax Department, thus it accepted the assessed values.
However, the Board strongly recommends that the Tax Department assemble
available up -to -date apartment cost data and develop new schedules in time to
apply these schedules in assessing apartments next year in order to eliminate
the inequality now existing.
6
The Board recognized the difficulty the Tax Department had in trying to
place true market values on properties along Texas Avenue. It was reported
that at least one of these properties had actually been offered as a gift
to a non profit organization and the gift rejected, so, in theory, that
property had no value. The Board accepted the values placed on Texas Avenue
properties by the Tax Department but feels that significantly lower values
would be in order for these properties next year based on actual sales or,
in the absence thereof, bonifide offers to sell.
The assessed values for improvements on lands below 16 feet mean sea
level elevation came in for considerable discussion. Where the elevation
was known with certainty, the Tax Department had made downward adjustments
in the value of lands below 16 feet elevation, however it did not devalue
the improvements unless actual flooding of the improvements had occurred.
The Equalization Board recognized an inequality between assessed values of
improvements below elevation 16.0 feet compared to the value of similar
improvements at higher elevations. Since the Board did not have sufficiently
accurate information to adjust values, the Tax Department values on these
properties were accepted.
The Board recommends for next year that the city set bench marks around
low areas such that actual elevations of improvements on lands'in low areas
can be determined for each property. Existing maps are not precise enough
for use. A schedule could then be developed by the Tax Department to devalue
the improvements and land based on the actual elevation as determined by survey.
Such a schedule could apply a certain percentage decrement say 3z% for each 1 /10th
foot drop in elevation below elevation 16.0, or some similar schedule.
Many owners of property along Garth Road appeared before the Board to
protest the square foot values placed on the strip of land on each side of
Garth annexed by the city. The Tax Department had limited sales to support
the values set between Cedar Bayou - Lynchburg Road and San Jacinto Mall;
consequently the Equalization Board accepted these values. However, the
Board recognized that such values work an extreme hardship on long time
property owners who have permanent residences on the property. The high
values could very likely force some families to sell their homes and move
to another location against their will which does not seem fair to those
individuals. The Board felt sympathetic to those individuals but could not
find a legal basis for adjusting their values.
The Board accepted the values of industrial properties as set by the Tax
Department with the exception of U.S. Steel where a 2Z76 downward adjustment
was made on plant facilities in vier of the disappointing earning outlook
presented by the U.S. Steel representative. For 1980 a 15% discount had been
allowed. For 1981 the Tax Department proposed a 1h% discount. The Board voted
10 %. However, even with this adjustment, the U.S. Steel total valuation
increased approximately 9.7 %. The Board let stand a $21,608,340 (9 %) decrease
in value allowed Houston Light & Power Company by the Tax Department.
The Board recommends that next year's members be appointed earlier to
allow more in -depth review of problem areas.
The Board found Tax Department records to be accurate and in excellent
order. In our opinion, it is an efficiently run department with well qualified
and cooperative employees and good leadership.
The Board recommends, as it did last year, a more conservative approach
to land and residential valuations because, in our opinion:
a. City of Baytown values are higher than county or school
values for the same land and residential properties.
b. The charter limitations on ad valorem tax increases should
be considered.
c. Higher City of Baytown values may influence the County -wide
Appraisal District to set higher values on Baytown properties
as compared to similar properties in other areas of the county.
d. The residential real estate market appears to be softening.
As indicated above, the Board has accepted the Tax Department valuations
and hereby presents for your acceptance an assessed value of $1,662,932,330
representing 100% of the fair market value.
Respectfully submitted,
0. L. Clevenger, Chairman
Members:
� 1
T. M. 0 ayton
Oseph B. Muller