1981 10 22 CC Minutes, Special11022 -1
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
October 22, 1981
The City Council of the City of Baytown, Texas, met in
special session on Thursday, October 22, 1981, at 5:30 p.m.
at a point on the west side of the Southern Pacific Railroad
right of way, 250 feet northeast of Massey Tompkins Road
with the following attendance:
Fred T. Philips
Jimmy Johnson
Perry M. Simmons
Mary E. Wilbanks
Roy Fuller
Emmett 0. Hutto
Fritz Lanham
Larry Patterson
Randy Strong
Eileen P. Hall
Absent: Allen Cannon
Councilman
Councilman
Councilman
Councilwoman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Councilman
The meeting was called to order with a quorum present
and the following business was conducted:
Hold Public Hearing on Proposed Annexation of Raven Way
Subdivision and Adjacent Parcels
Mayor Hutto opened the public hearing on the proposed
annexation and announced that anyone present desiring to
speak should register on the form held by the Assistant City
Manager. Three persons present signed the register.
Mayor Hutto explained that this was not an adversary
type hearing. The hearing was being conducted to give
interested parties the opportunity to be heard. Any questions
would be directed by the Mayor to a staff member. He then
administered the oath to those desiring to speak.
The first individual to speak was Mr. Dalton Clanton,
son -in -law to Mrs. Bonnie Havis, owner of a triangular
parcel comprised of approximatley 11 acres. Mr. Clanton
stated that he was opposing the annexation on behalf of his
mother -in -law who is in poor health and was therefore,
unable to attend the public hearing. Presently, Mrs. Havis
is running cattle on the property and has no desire to have
her property included as part of the City of Baytown. Mr.
Clanton stated that Mrs. Havis' home is inside the city
limits and that she has enough difficulty paying taxes on
that property without being responsible for taxes on this
parcel. He ended his remarks by stating that there was no
reason to have the "cow pasture" as part of the city.
Mr. Jack Havis was present to represent his mother's
interests. He explained that his parents purchased this
property when there was nothing in the area and that the
family has no plans to develop the land. Mrs. Havis has
owned the property since 1923. There is a water well on the
land and no need for any city services.
11022 -2
Minutes of the Special Meeting - October 22, 1981
Mary Clanton, Mrs. Havis' daughter, stated that her
mother is in ill health. For this reason, this annexation
could be detrimental to her health since she does have a
heart condition and she is opposed to annexation. Mrs.
Clanton stated that the city could not offer her mother
anything. Mrs. Clanton stated that her parents had purchased
this property when there were very few houses in the area.
She felt that if the property were annexed, this would be an
injustice to her mother who has helped to build the town.
Mr. Dalton Clanton requested to speak for Air. Coleman
who owns a small parcel being considered for annexation.
Mr. Coleman has just recently lost his wife and is in poor
health himself; therefore, he was unable to be present.
However, Mr. Coleman has indicated that he.strenuously
objects to annexation of his property by the city.
Since there were no other persons present who desired
to testify at the hearing, Mayor Hutto declared the hearing
to be closed.
Eileen P. Hall, City Clerk
11022 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
October 22, 1981
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, October 22, 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 M. Simmons
Mary E. Wilbanks
Roy L. Fuller
Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Larry Patterson
Randy Strong
Eileen P. Hall
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
The meeting was called to order with a quorum present
and the invocation was offered, afterwhich the following
business was transacted:
Minutes
Councilman Johnson moved for approval of the minutes
for the meetings held October 8, 1981 (5:30 p.m. and 6:30 p.m.)
and the special meeting held October 14, 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
Bridge over ship channel - The Administration has
received notification from the U.S. Coast Guard that that
entity has received application from the Texas Department of
Highways and Public Transportation for approval of plans to
construct dual bridges over the ship channel at Highway 146.
This is one step in the process toward getting the bridges
constructed. The structures will be approximately two (2)
miles in length. The Coast Guard will receive comments
through November 18 from anyone desiring to express their
views.
11022 -2
Minutes of the Regular Meeting - October 22, 1981
Houston Light and Power Cost Statement - Council was
furnished with a copy of the letter from Houston Lighting
and Power regarding rates for November. There is a significant
reduction in cost. In November, the seasonal change becomes
effective for a period of six months. There is a reduction
of about $16.00 in the cost of 1500 KWH in November as
compared to October.
Inspection of child care centers - The City cooperates
with the State Welfare Department in enforcing state laws
regarding child care centers. Applications for child care
center operations are forwarded to the welfare department.
The state requests that the city inspect the proposed centers.
Both the fire department and health department inspect.
Forms are completed and forwarded to the State Department of
Welfare. The building department becomes involved only if
there are structural changes. In addition to inspections
that are made at the time of original application, the
health department and fire department inspect child care
facilities at least once annually and will inspect upon
request.
Councilman Johnson stated that when he had inquired, he
was thinking that perhaps the city needed to require more
stringent controls with regard to smoke and fire alarms.
In response to an inquiry from Council, Fire Chief
McBride explained that businesses are inspected on an annual
basis and upon request. The fire department inspects the
businesses for what is termed a "fire plan." Notations are
made regarding where fire extinguishers are located, location
of exits, whether the doors swing outward, etc. These
inspections are a regular part of the fire marshal's responsibilities.
Councilman Johnson stated that in the state requirements,
just as smoke and fire detectors are not required, there
are no requirements for fire drills. He felt that the
children should be trained to exit in the event of fire.
Therefore, he requested that the Administration consider
regulations for child care centers which encompass requirements
for smoke and fire detectors, as well as fire drills.
Drainage - Goose Creek Drive project is approximately
ninety -eight (98 %) percent complete; only cleanup remains.
The railroad ditch from Pine to Airhart has been completed.
Singleton Road - City crews have just begun work on
this project. The project is approximately fifteen (150)
percent complete.
Holly Street - This project is approximately ninety -
eight (98%) percent complete.
In response to an inquiry from Council regarding drainage
work for Carlton at West Main, Norman Dykes, Director of
Public Works, explained that the Administration had originally
placed this item on the drainage list. At this point,
however, the staff is reconsidering whether drainage money
should be expended at that location.
1981 Street Improvement Program - All the work on the
street improvement program has been completed with the
exception of some cleanup on Kansas.
Sliplining - The sliplining contractor on Kilgore Road
has pulled approximately 200 feet of liner.
11022 -3
Minutes of the Regular Meeting - October 22, 1981
Garth Road Utilities Extension - The Administration had
expressed concern whether this project could be initiated.
Since all the funds have now been received from all participants,
as soon as the last remaining easement is obtained, work on
that project can begin.
Questions and Comments Concerning City Manager's Report
Councilman Cannon pointed out that Houston Lighting and
Power had a 7.8 million dollar credit for over recovery of
fuel costs for the month of August which equates to about
5.5 %. Then the cost of fuel, even above that, has gone up
4.57o, which represents an approximate 10% increase in fuel
costs this month over last. Councilman Cannon stated that
he was under the impression that the cost of fuel had stablized
and he would like an explanation from HL &P.
In response to an inquiry from Council regarding the
outcome of the request concerning the mobile home ordinance
requirement that a drive be constructed, Mr. Lanham stated
that there had not been a quorum present for the meeting of
the Mobile Home Review Board. However, Mr. Cramer had
worked an interim arrangement with the owner of the mobile
home.
Councilman Cannon stated that he had driven out to look
at the area in question and he felt that other Council
persons should look at the area. He felt that perhaps the
requirements of the ordinance may not be reasonable.
Councilman Cannon also expressed concern with all the
out of state autos within the city which belong to persons
who are currently residing inside the city limits. He
requested that the Administration consider more stringent
enforcement of the State law regarding registration of
vehicles.
Councilman Johnson reported a water leak at 223 John A
between intake gutter and telephone pole.
Special Council Meeting - Mr. Lanham reminded Council
that a special meeting of City Council would be held October
29 at 6:30 p.m. to sale $2,000,000 in bonds.
Consider Proposed Ordinance, Placing Recently Annexed
Property North of Massey Tompkins Road in Council District
No. 4
This area was annexed recently and the only Council
District which it abuts is Council District No. 4. The
Administration recommended approval of the ordinance, including
the annexed property north of Massey Tompkins Road in Council
District No. 4.
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
11022 -4
riinutes of the Regular Meeting - October 22, 1981
ORDINANCE NO. 3242
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, Amending Section 28 -6 of the
Code of Ordinances to Provide Increase in Fee for Swimming
Pool License
The portion of the ordinance regarding fee for license
has been in effect since 1970 with the fee for this license
being $12.00 since adoption. The Administration has been
reviewing charges of this type and has found this charge and
the charge regarding food service permits are out -of -line
with today's costs. The health department inspects commercial
swimming pools once annually and more often upon request.
The Administration felt this increase to be reasonable since
this will place the cost of the license more in line with
the cost involved to inspect. The Administration recommended
approval of the ordinance.
Public swimming pools are those located at motels,
apartments, civic association pools and the Elks pool.
In response to an inquiry from Council, Mr. Lanham
stated that if the inspectors had to go out more than once
to inspect, probably the increased fee would not cover the
costs.
Mayor Hutto stated that he felt in the past, the city
had gone over -board on certain fees; however, if the Administration
felt that $20.00 is close to the work involved in inspecting
these commercial pools, he could see no reason not to recover
a portion of the costs.
Councilman Philips felt that the city should charge a
fee for inspection of pools to pay for that service.
Councilman Fuller 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. 3243
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 28, "SWIMMING POOLS," SUBSECTION 28 -6
OF THE CODE OF ORDINANCES, TO PROVIDE FOR AN INCREASE IN THE
FEE FOR PUBLIC SWIMMING POOL LICENSES; A NEW DATE FOR RENEWAL
OF SUCH LICENSES; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
11022 -5
Minutes of the Regular Meeting - October 22, 1981
Consider Proposed Ordinance, Amending Section 13 -57 of the
Code of Ordinances to Provide Increase in Fee for Food
Service Permit
Currently, this fee is $5.00 which has been in effect
since 1949. There are 276 food handling establishments
which are inspected twice annually at intervals of approxi-
mately six months. These establishments are also inspected
according to need upon request of owners and inspections are
performed in response to complaints. Inspections are made
of the food being prepared, protection procedures, personnel,
equipment, water, sewerage, plumbing, utensils, rest room
facilities, garbage disposal, insect control, floors, walls,
ceilings, lighting and ventilation. Normal inspections
require approximately one hour.
Some cities have several different charges based on
different variables, for instance number of employees or
square footage of establishment.
In response to an inquiry from Council, Odis Muennink,
Chief Sanitarian, explained that although the state has no
requirement, the City of Baytown requires that persons
working in food handling establishments have a chest x -ray
at least once annually.
Mayor Hutto stated that he objected to the tremendous
increase in permit from $5 to $25. He felt that permit fees
should be gradually increased as the costs for the service
being performed increased. He felt that to increase the fee
from $5 to $25 indicated fiscal irresponsibility.
Councilman Philips again expressed the feeling that the
costs to perform the service should be recovered to some
degree. He stated that from the increased permit fee, the
city would derive $7,500 in revenues which is probably not
total recovery of the costs to provide the service.
Councilman Johnson felt that perhaps it would be more
reasonable to increase the cost to a portion of the amount
this year and then increase the costs again next year. The
vote follows:
Ayes: Council members Philips, Simmons, Wilbanks,
Fuller and Cannon
Nays: Mayor Hutto and Councilman Johnson
ORDINANCE NO. 3244
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 13, "FOOD & FOOD ESTABLISHMENTS,"
SUBSECTION 13 -57 OF THE CODE OF ORDINANCES, TO PROVIDE FOR
AN INCREASE IN THE FEE FOR FOOD SERVICE PERMITS; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Hold Public Hearing on Proposed Annexation of Raven Way
Subdivision and Adjacent Parcels (7:00 p.m.)
Mayor Hutto called to order the public hearing on the
proposed annexation of Raven Way Subdivision and adjacent
parcels. He indicated that anyone desiring to testify
should sign the register in the hallway. The register
provided the speaking order for the hearing. The staff had
prepared a service plan for the area being proposed for
annexation. Copies were available to interested persons.
11022 -6
Minutes of the Regular Meeting - October 22, 1981
Mayor Hutto administered the oath to all persons desiring
to testify at the hearing. Afterwhich, he explained that
the hearing was for the purpose of receiving public input
with regard to the proposed annexation. Any questions
should be directed to the Mayor and those questions would be
directed by the Mayor to the staff.
Fritz Lanham, City Manager, indicated on a map posted
in the Council Chamber the location of the proposed annexation.
The proposed annexation consists of approximately 35.63
inches.
Dalton Clanton, 6438 Cedar Bayou Crosby Road, appeared
to protest annexation of the triangular portion of land
owned by Mrs. Betty Havis. Mr. Clanton stated that at some
point, the city needed to cease annexation for a period in
order to provide adequate services. However, Mr. Clanton's
main concern was that two old families were involved in the
proposed annexation. One parcel being considered was originally
purchased by H. J. Havis, who is now deceased. However, Mr.
Havis' wife, Betty, still owns the property. Mrs. Havis'
home is within 200 feet north of Massey Tompkins Road and is
part of the existing city limits of Baytown. The portion
that is being considered for annexation is the Havis' cow
pasture. That land has always been utilized for cow pasture
and there are no family plans to develop the property.
Immediately to the west of the Havis property is property
owned by an Exxon retiree, Mr. Coleman, who recently lost
his wife and is in poor health. For this reason, Mr. Coleman
was not able to appear. Both families do vigorously protest
annexation of those parcels. Mr. Clanton stated that the
families would appreciate any help or consideration that
Council could afford since the family would like to continue
to run cattle as long as possible. Mr. Clanton reiterated
that cities in the country are too speedily taking in pasture
and farming land which will result in real problems in years
to come.
In response to inquiry from Council, Mr. Clanton stated
that Mrs. Havis owns approximately 7.12 acres on the west
side of the railroad and on the east side approximately 4
acres. Mr. Coleman owns approximately 2.25 acres.
Mr. Clanton stated, in response to inquiry from Council,
that he felt certain that shortly after annexation there
would be the request that Mrs. Havis discontinue the practice
of running cattle on the property. He felt that that would
be unfair since Mrs. Havis was out there when there were
only 2 -3 houses on a dirt road.
Mayor Hutto stated that personally he would be sympathetic
with the position of the Havis family, but legally there is
the question, that if Council does not annex this property
at this time, whether future Councils would have the authority
to do so. If legally, future Councils would have no legal
standing to annex the property, Mayor Hutto stated he would
be unable to support the Havis family in their request.
Mayor Hutto requested that the city attorney make the legal
determination.
In response to an inquiry from Council, Randy Strong,
City Attorney, explained that if the property is not annexed,
then the Havis family could run cattle on the property even
though there is residential development next to their property.
11022 -7
Minutes of the Regular Meeting - October 22, 1981
Jack Havis, 3606 Gail, explained that the reason that
the triangular portion of the property was not sold at the
time Chaparral Village property was sold, was that this
triangular portion was the original acreage that Mrs. Havis
purchased in 1923. For this reason, Mrs. Havis refused to
sell that portion. The family has no plans to develop the
property. If the family had had plans to develop the property,
the property would have been sold at the time the Chaparral
portion was sold. Mr. Havis stated that he really didn't
understand what this 10 -acre tract had to do with the proposed
annexation of the Raven Way Subdivision area. He felt that
the 10 -acres wouldn't make any difference one way or the
other. He stated that if Council would look at the property,
there is no way to develop the property because the property
is isolated now. He mentioned that he had received a call
from a family to the east who wanted to know how the city
proposes to serve the area with sewer service because every
time it rains, there is sewer backup on Massey Tompkins Road
sewer line now.
Mary Clanton, 6438 Cedar Bayou Crosby Road, stated that
the triangular portion of land being proposed for annexation
belongs to her mother. Mrs. Clanton stated that she didn't
feel that the city has anything to offer Mrs. Havis. Mrs.
Havis' health is failing; therefore, Mrs. Clanton felt that
since Mrs. Havis was established before the city began to
progress, that the city should consider progress and how it
affects its older citizens. She stated that it would make
her mother very happy to know that she didn't have to be a
part of the city. She stated that she would appreciate
Council giving this matter much thought and concern because
after all, it was the older settlers who have made the town
what it is now.
Mayor Hutto expressed Council's appreciation for all
interested persons who took time out to appear at the hearing.
He inquired if there were other persons who desired to
speak.
Councilwoman Wilbanks inquired concerning the question
that had been raised regarding sanitary sewer service to
that area. Norman Dykes, Director of Public Works, stated
that a new line is being constructed which should be finalized
shortly. The developer of Raven Way plans to pump effluent
from that subdivision to the new line. The new line was
sized to handle all the service area up to Cedar Bayou
Lynchburg Road.
Councilman Cannon stated that there are two readings
before the annexation is finalized and he too requested that
the city attorney research the possibilities involving the
adjacent parcels. Councilman Cannon concurred with Mayor
Hutto that he could not support an island surrounded by the
city which the city would have no control over and which
could not be annexed. Councilman Cannon informed those
present that the first reading would be on the agenda for
• November 12 meeting.
Since all persons desiring to do so had had ample
opportunity to testify, Mayor Hutto declared the public
hearing to be closed.
11022 -8
Minutes of the Regular Meeting - October 22, 1981
Receive Certification of City Clerk Concerning Petition for
Initiative to Preserve Library Property
Council was furnished with a letter from the city clerk
which stated that the Petition for Initiative to Preserve
Library Property which was presented on September 30, 1981,
had been verified to be sufficient. Section 103 of the
Charter provides that the Council must take final action on
Initiative Petition no later than sixty (60) days after the
day on which the ordinance is submitted to the Council by
the city clerk. There is a requirement that the Initiative
?petition be read. Randy Strong, City Attorney, read the
Initiative Petition which original copy of said petition is
on file with the city clerk.
Councilman Simmons moved to accept the petition; Councilman
Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Mr. Lanham mentioned that at some point Council would
need to set a date for hearing on the petition. He inquired
if Council would like to put an item on the next regular
Council agenda to set public hearing. Council responded in the
affirmative.
In response to an inquiry from Council, the city clerk
explained that since verification of only 349 signatures was
necessary to declare the petition to be sufficient, when
that total was reached, the verification process was discontinued.
Receive Report from Al McHugh, Teleprompter of Baytown
Mr. Al McHugh, Teleprompter of Baytown, was present to
report to Council on the progress being made by that company
toward making cable television available to residents of the
city. Teleprompter of Baytown is owned and operated by
Teleprompter Corporation, a subsidiary of Westinghouse
Broadcasting Company (Group W) serving more than 1.4 million
subscribers in 560 communities throughout the United States.
A sister company of Teleprompter is Showtime, the nation's
second largest pay television service. Teleprompter also
owns Muzak and Filmation; the latter has won many awards for
their children's movies and cartoon adventures.
Mr. McHugh explained that on November 15, 1980, Teleprompter
contracted with Cable & Telephone Construction to do strand
mapping walk -out design which was completed May, 1981. A
complete construction package was presented in March and
April. Arrangement was made with Houston Lighting Power and
General Telephone to perform the walk -out of the city (location
of poles and lines). This is 95% complete as of October 15.
The first 40 miles of actual design mapping has been completed
and is ready for construction. Target date on this is
November 15. The system design calls for the new Baytown
System to be approximately 224 miles which is over twice as
large as the present system. Everything will be totally
replaced in the old system. The new system is 400 r4HZ
System.
Mr. McHugh stated that the first section scheduled for
construction is the Brownwood, Lakewood, portion of Country
Club, portion of Allenbrook sections of the city.
11022 -9
Minutes of the Regular Meeting - October 22, 1981
Councilman Philips commented that since there are 224
miles to be constructed within the city, from the estimate
Mr. McHugh made of completing 30 miles per month, the entire
project should be completed in seven months. Mr. McHugh
stated that that would depend on many variables such as
weather for instance, as well as completion of walk -outs and
design mapping. Mr. McHugh estimated that the work would be
completed within 17 months.
Council requested that Mr. McHugh return in three (3)
months to give Council an update on the work in progress.
Consider Proposed Ordinance, Authorizing Agreement with
City of Houston to Utilize Their Houston Lighting and
Power Rate Information
The City of Houston has retained the firm of Touche,
Ross and Company to perform investigation, present evidence,
advise City Council of Houston and assist with litigation
relating to the pending rate making proceeding involving the
Houston Lighting and Power Company's rate request. Since
other regulatory authorities have inquired about the possibility
of the City making Touche, Ross and Company's information
available to provide the same or similar services, the City
of Houston has developed a formula by which the other regulatory
bodies may utilize the information developed by Touche,
Ross. Each entity will be required to pay a fractional
share of the cost of the "Basic Services" described in the
contract between the City of Houston and Touche Ross and
Company, that share being computed by multiplying the total
fees for such basic services by a fraction, the numerator of
which is the number of HL&P ratepayers located within the
boundaries of such participating municipality and the
denominator of which is the total number of HL&P ratepayers
located within the boundaries of the City of Houston and all
participating municipalities, and incremental cost of
services provided by Touche Ross and Company for furnishing
written or oral presentations specifically for such participating
municipality. The total cost that the City of Houston will
be paying Touche, Ross is $113,000. Based on the formula,
the City of Baytown's share will be $3,830.70. As additional
cities participate, the City of Baytown's share shall decrease
accordingly.
In response to an inquiry from Council, the City
Attorney explained that if Council is going to conduct a
rate hearing and attempt to establish a proper record for
the purpose of appealing the case before the PUC in Austin,
it is essential to employ a quality rate consultant to
testify as to what a proper recovery for HL&P should be.
The City Attorney stated that there is no way to determine
what value participation by the City of Baytown would lend
to the case before the PUC.
Mr. Lanham explained that in order to hold a meaningful
hearing, Council would need proper representation.
The City Attorney advised Council to adopt the rate the
PUC has adopted if no public hearing is to be held.
Mayor Hutto stated that he, as well as other Council
members have received feedback from the citizens who expect
City Council to oppose these rate increases.
11022 -10
Minutes of the Regular Meeting - October 22, 1981
Councilmen Philips and Johnson expressed the feeling
that to approve the utilization of information developed by
Touche, Ross would be an exercise in futility since Baytown
will ultimately receive the same rate as the City of Houston.
Councilman Fuller stated that he would like to take a
stance which would show the citizens of Baytown that he
personally is opposed to the rate.increase.
Councilman Simmons moved for adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Simmons, Wilbanks, Fuller
and Cannon
Mayor Hutto
Nays: Council members Philips and Johnson
ORDINANCE NO. 3245
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN
AGREEMENT WITH THE CITY OF HOUSTON TO USE THEIR HOUSTON
LIGHTING & POWER RATE INFORMATION; AUTHORIZING PAYMENT OF
NOT MORE THAN THREE THOUSAND EIGHT HUNDRED THIRTY & 70 /100
($3,830.70) DOLLARS FOR SUCH INFORMATION; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
Consider Proposed Resolution No. 792, Supporting Proposed
Constitutional Amendment No. 4
On November 3, 1981, seven proposed constitutional
amendments will be presented to the electorate. One of
those, Amendment No. 4, will establish a water trust fund
for the purpose of financing water development projects,
water treatment system, flood control projects and water
conservation. This amendment has probably received more
attention than any of the others. There are persons throughout
the state who favor the amendment and those who oppose the
amendment. Randy Strong, City Attorney, attended a debate
on the subject. The proponents of the plan pointed out the
need to take some action to deal with the upcoming water
crisis. Billions of dollars are required to finance the
water problems that will face Texas in the future. The
proposed program provides for a state guaranteed bond program
that will allow small municipalities and water districts to issue
bonds guaranteed by the state which would save these entities
millions of dollars in interest and allow them to sell bonds
that they otherwise may not be able to sell. Another provision
allows for an increase from 6% to 12% interest that could be
paid on some $218,000,000 in state bonds that have already
been approved, but now cannot be sold due to the bond market.
The third part of the amendment creates the Water Trust Fund
in which 1/2 the surplus left to the State at the end of
each biennium would be placed in the trust fund to be used
for various water development programs. Funds will be
handled by a commission as authorized by House Bill No. 8.
The proponents stated that the need for Constitutional
amendment is to provide for long -term funding rather than
depend on sparatic funding from the Legislature every two
years. The assured funding will allow for long -term agreements.
Budget surplus to be placed in water trust fund is not
stricly a dedicated fund like school or highway funds. If
the Legislature so desires, they could by simple majority
vote divert funds from the trust fund for other purposes.
Proponents of the amendment point out that the amendment
prohibits the diversion of water from one water basin to
another except on a temporary basis.
11022 -11
Minutes of the Regular Meeting - October 22, 1981
One of the arguments against the amendment is that it
violates the ceiling placed on state spending that was
adopted approximately 3 years ago. Proponents state that
this is not circumventing that provision since the citizens
of Texas have the right to earmark special funds for a
particular purpose such as water development. Proponents
also point out that passage of the issue will do more to
decrease the tax rate than to increase the rate since if
nothing is done in this area to handle the water crisis now,
this will result in much higher taxes in future years.
Another problem that opponents of the issue have is
that the amendment is poorly drafted and would allow expenditure
of millions of dollars without proper guidelines. Expenditure
of funds from the trust would be solely at the discretion of
the board and the opponents feel that these type expenditures
should be made by elected representatives. Opponents also
point out that the bond provisions would be of no help to
Harris County or Houston because the county and the City of
Houston have AAA bond ratings and would not benefit from the
bond guaranty program. The major argument of the opponents,
however, is that there is no plan being made for this spending.
The voters are being asked to approve this amendment which
provides for generation of enormous amounts of money with no
plan for the expenditure of said funds. The opponents state
that even though the amendment provides that the Legislature
with a majority vote can draw on the funds, there is a
provision in the act that provides that the Legislature
cannot draw on funds which have already been committed.
There is some fear that these funds will be utilized to
finance some enormous project like bringing water from the
Mississippi River to Texas. Another point made by opponents
is that if the bond market were to be flooded with these
bonds, this may have an adverse influence on interest rates.
Opponents feel that passage of this amendment will increase
taxes. Also, they feel that this would be a means of issuing
bonds without taking the issue to the voters first.
Councilman Philips moved to adopt Resolution No. 792,
supporting Proposed Constitutional Amendment No. 4; Council-
man Simmons seconded the motion.
Councilman Cannon pointed out that it appears that the
passage of the amendment would produce a large accumulation
of funds with no plans for allocation.
Councilman Philips stated that the thing utmost in his
mind is the need. He felt that if there is a need, then a
plan will evolve. One can hardly develop a plan unless the
funds are available for financing.
Councilman Cannon contended that plans could be developed
based on projected needs for 5 -10 -15 years.
In response to an inquiry from Council, Randy Strong,
City Attorney, explained that the Legislature had adopted an
act during the last session that created the water board and
approximately $40,000,000 was included in that for startup.
Three major funds will be handled through this. One of
these funds will handle the guaranteed bond program. There
will also be a fund to provide storage capacity and surface
water capacity and another fund for planning. Therefore,
there will be three or four smaller funds which will compose
the larger trust fund.
11022 -12
Minutes of the Regular Meeting - October 22, 1981
Councilman Fuller stated that in Texas within the next
20 years, water is a major problem and perhaps this is the
time to provide a mechanism for handling the problem. The
Legislature actually has control over the uncommitted funds.
Councilwoman Wilbanks commented that she has attempted
to obtain information concerning this proposed amendment and
according to the information that she has acquired, the
biggest problem seemed to be that there is no direction
indicated for the expenditure of the funds.
Councilman Philips indicated that at some point one
must have a little faith in the system. He stated that
there is no question of the need and since one is talking
about the basic need for survival, something needs to be
done.
Councilwoman Wilbanks pointed out that if Council felt
that more information would be necessary, Council could opt
to take no position.
Councilman Simmons stated that he felt this to be a
situation of pay now or pay later. Economically, without
ample water supply, this will affect all areas of life in
Texas and the citizens will be paying in the long run. The
problem is evident and this amendment is a sound approach to
attempt to alleviate the problem. That is what the Legislature
is attempting to do and he felt that Council should express
its support of the amendment. The vote follows:
Ayes: Council members Philips, Johnson, Simmons
and Fuller
Mayor Hutto
Nays: Council members Wilbanks and Cannon
RESOLUTION NO. 792
A RESOLUTION OF THE CITY OF BAYTOWN SUPPORTING THE PASSAGE
nF PROPOSITION #4, A CONSTITUTIONAL AMENDMENT TO CREATE A
WATER TRUST FUND; ENCOURAGING THE CITIZENS OF BAYTOWN TO
VOTE FOR SUCH AMENDMENT; ESTABLISHING AN EFFECTIVE DATE
HEREOF.
Councilman Simmons encouraged the Baytown Sun reporter
present to provide publicity regarding the adoption of the
resolution.
Consider Proposed 1981 -82 Drainage Priority List
The Administration through citizen and Council input,
as well as problem areas noted by the staff, has developed
the proposed 1981 -82 Drainage List for Council consideration.
The estimated cost to perform needed drainage improvements
listed is $435,000 which has been budgeted. No detailed
plans have been developed for these improvements. The cost
estimates are very tentative and will be refined later. The
Administration feels that this work can be accomplished
within the next twelve months and recommends approval.
Norman Dykes, City Engineer /Director of Public Works,
stated that preliminary studies of the area in the vicinity
of Narcille at Bruce indicate a need for a storm sewer
system along Narcille, there is no storm sewer. With regard
to the drainage problem on Greenwood, the Administration
will study the problem and attempt to devise the best
method to drain the water back to Cedar Bayou.
11022 -13
Minutes of the Regular Meeting - October 22, 1981
Councilman Cannon pointed out that the city had expended
funds in the areas of Greenwood and Narcille at Bruce in the
past and that again large sums are being expended to attempt
to cure a problem that the developer should have taken
care of in the first place.
Councilman Philips stated that he felt the priority
should be shifted now from home flooding to street flooding
since most of the home flooding problems have been alleviated.
One street flooding problem in particular is Item No. 10,
improve existing outfall system for South Main Street since
this street is impossible during heavy rains.
In response to an inquiry from Council, Mr. Lanham
stated that there are a few items remaining on the list
which represent flooding of structures. One area in particular
is on Highway 146 in the vicinity of the Cedar Bayou Baptist
Church and the Memorial Assembly of God. The Administration
has written a letter to the highway department to inquire if
they had a solution to the problem, but to date no response
has been received.
Mr. Dykes stated that work on the Brownwood dirt berm
is presently underway. When there is excess dirt on other
projects, the dirt is hauled to the Brownwood Drive project.
Councilman Cannon moved to approve the Proposed 1981 -82
Drainage List; Councilman Johnson seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
The proposed drainage list is attached to the minutes as
Attachment "A ".
Consider Plans for Relocating Water Line and Sanitary Sewer
Line on Baker Road Bridge Over West Fork of Goose Creek
The Administration had hoped to handle two projects
necessary on Baker Road just as the Ponderosa Street correction
was handled, with the county issuing a change order to the
contract on Baker Road. One project consists of raising the
sixteen (1611) inch water line which is currently attached to
the Goose Creek Bridge; however, the contractor quoted a
price of $48,690 to perform this project which the Administration
felt to be excessive. This project can be performed in the
future utilizing city forces; therefore, the Administration
recommended that that item not be considered. The Administration
also requested a quote to route a twelve (12 ") inch gravity
sanitary sewer line from a manhole in Baker Road on the east
side of Goose Creek to the Quail Hollow lift station which
is approximately 200 feet north of the manhole. The price
quoted on that work is $15,000 which the Administration felt
to be reasonable and therefore, recommended payment to the
county for the amount of $15,000. Upon payment by the city,
the county will issue a change order to the contract on
Baker Road.
Norman Dykes, Director of Public Works /City Engineer,
explained the reason for the adjusment is to divert effluent
from the Craigmont lift station which is overloaded to the
Quail Hollow lift station which is to be enlarged.
11022 -14
Minutes of the Regular Meeting - October 22, 1981
Councilman Fuller moved to accept the recommendation of
the Administration and authorize payment to the county for
the amount of $15,000 to route the twelve (1211) inch gravity
sanitary sewer line from a manhole in Baker Road on the east
side of Goose Creek to the Quail Hollow lift station.
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consider Plans and Authorize Advertisement for Bids for West
District Sewerage Conveyance System and Effluent Force
Main
At a recent meeting, Council approved advertisement for
bids for the second of four contracts. The Administration
would like Council approval for advertisement for bids for
the third contract. Invitation to bidders covers the con-
struction of the effluent force main for the sewerage treatment
plant, that is currently being constructed, over to San
Jacinto River. Also, this phase includes construction of a
force main from the existing Lakewood Plant, where a lift
station is being constructed, to carry the effluent to the
new plant. The Administration would like authorization to
advertise for bids to be received December 1, 1981. EPA
requires 30 days advertisement. Authorization has been
received from the State Department of Water Resources to
receive bids. The reason for taking bids on the force mains
at this time is to correlate construction so that the plant
construction and the force mains will be completed at approxi-
mately the same time.
Councilwoman Wilbanks moved to authorize the Administration
to advertise for bids; Councilman Johnson seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consider Request by W. J. Moreau for Water and Sewer Service
in the Area of Lincoln Cedars Subdivision
Mr. W. J. Moreau, a resident of Dayton, Texas, was
present to address Council concerning the possibility of the
City of Baytown furnishing water and sewer service in the
area of Lincoln Cedars Subdivision. Mr. Moreau explained
that he and another gentleman owned half interest in a sewer
and water system just north of Cedar Bayou bridge on Highway
146 approximately one block north of the intersection with
Farm Road 565.' There is a need to improve both the water
and sewer plant. Mr. Moreau and his partner have considered
improving the system or attempting to tie into the city's
facilities. Mr. Moreau suggested that the tie in be made at
Massey Tompkins Road and Highway 146 or Timber Ridge or
Whispering Pines. If the city should desire to annex that
area in the future, the lines to service the area would
already be in place. Mr. Moreau explained that one way or
the other the system would have to be improved because the
state is not satisfied with the quality of effluent being
presently discharged. The people being served have organized
a water and sewer corporation for the purpose of operating the plant.
11022 -15
Minutes of the Regular Meeting - October 22, 1981
Mr. Moreau stated that he and his associate have considered
improving the system or if Council authorized and the costs
were not prohibitive. They have considered the better
alternative would be to tie onto city services.
Mr. Moreau stated that if they after connecting to city
services were still expected to pay the full rate for every
person connected to the service and still do the collecting,
maintaining and pay utilities, these factors may well prohibit
tieing onto city services. However, if they could have a
reasonable amount of charge on a metered amount of sewerage
that would be flowing into the Baytown system, that would be
a more economic solution.
In response to the inquiry from Council regarding who
the city would actually contract with for the service, Mr.
Moreau stated that the corporation would be under contract
with the city. Mr. Moreau also indicated that recently the
residents had voted to increase the charge for water and
sewer service from $5 to $25 per month and he suggested that
the city could install some sort of mechanism by which the
service could be removed in the event of non - payment.
In the only other case where the City of Baytown provides
water and sewer service outside the city limits to a subdivi-
sion, each residence is metered and the city collects accordingly.
Mr. Moreau suggested that perhaps Council could consider
a lease agreement with Mr. Moreau and his partner leasing
the system to the city for the same price that they lease
the system to the corporation. Presently, Mr. Moreau and
his partner are leasing the system to the corporation for
$1.00 per month and the residents are operating and maintain-
ing the system.
Councilwoman Wilbanks requested that the Administration
develop alternatives since Council at present had insufficient
information to make a determination.
In response to an inquiry from Council, Mr. Moreau
stated that he had obtained an estimate of approximately
$30,000 to cross the bridge and tie into the city system.
Mr. Moreau has contacted the highway department in this
regard and the highway department indicated that as soon as
Mr. Moreau received a response from the city, then they
would give Mr. Moreau some direction.
Mayor Hutto suggested that Council request that the
Administration report back to Council with some alternates.
Council had no objections and Mr. Moreau concurred. He
requested that after a decision is reached, that the Admin-
istration notify him of that decision.
Consent Agenda
Councilman Johnson stated for the record that he was
opposed to furnishing water service to those persons who
reside outside the city limits, but would move to adopt the
Consent Agenda Item Nos. a through d as presented; Council-
woman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
11022 -16
Minutes of the Regular Meeting - October 22, 1981
The Consent Agenda as considered by Council follows:
a. Seven bids were received for the 1981 Sanitary
Sewer Sliplining project, Phase III. The low bid
was that of Channel Construction in the sum of
$125,540. The engineering cost estimate for this
project was $214,000.
We recommend that Channel Construction be awarded
this bid.
b. Two bids were received for the contract on the
Cedar Bayou Road Water Tower. Ore International
submitted the low bid of $17,500. The engineering
cost estimate was $25,000.
We recommend the low bidder, Ore International, be
awarded this contract.
C. Five bids were received for the bid of the Carver
Street project. R. T. Bishop Construction was the
low bidder with a bid of $172,636.02. The engineering
cost estimate for the project was $175,000.
We recommend that the low bidder, R. T. Bishop
Construction, be awarded the contract.
d. Mr. Jim Bryant, 4623 Bayou Blvd. has requested
water and sewer services. Mr. Bryant will tap
into our systems in the Tierra Del Oro Subdivision.
ORDINANCE NO. 3246
AN ORDINANCE ACCEPTING THE BID OF CHANNEL CONSTRUCTION
COMPANY, FOR THE 1981 SANITARY SEWER SLIPLINING, PHASE III;
AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE
SUM OF ONE HUNDRED TWENTY FIVE THOUSAND FIVE THOUSAND FIVE
HUNDRED FORTY & N0 1100 ($125,540.00) DOLLARS.
ORDINANCE NO. 3247
AN ORDINANCE ACCEPTING THE BID OF ORE INTERNATIONAL, INC.
FOR THE REPAIR OF CEDAR BAYOU ROAD WATER TOWER; AND AUTHORIZING
THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SEVENTEEN
THOUSAND FIVE HUNDRED & N01100 ($17,500.00) DOLLARS.
ORDINANCE NO. 3248
AN ORDINANCE ACCEPTING THE BID OF R. T. BISHOP CONSTRUCTION
COMPANY, INC., FOR THE 1980 -81 COMMUNITY DEVELOPMENT PROGRAM
AND IMPROVEMENTS TO CARVER STREET; AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ONE HUNDRED
SEVENTY TWO THOUSAND SIX HUNDRED THIRTY SIX & 02/100 ($172,636.02)
DOLLARS.
For bid tabulations, see Attachments "B" through "D."
Consider Appointment to Mechanical Board
Councilman Philips moved to appoint Jerome C. Simon to
the Mechanical Board; Councilman Johnson seconded the motion.
The vote follows:
11022 -17
Minutes of the Regular Meeting - October 22, 1981
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Report from City Manager on DeZavala Neighborhood Council
Petition
Mr. Lanham reported that the staff had met and developed
different areas of concentration. The staff is scheduled to
meet again October 30 for an update. The City Manager will
report to Council concerning results of that meeting.
Demolition
In response to inquiry from Council, Mr. Lanham stated
that the staff has initiated demolition projects throughout
the city.
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
Eileen P. Hall, dity Clerk
- ATTACHMENT A -
PROPOSED 1981 -82 DRAINAGE LIST
Cost
1.
Lantern Park - improve existing system
$ 303,000
2.
Crosby -Cedar Bayou Rd @ Hwy 146
35,000
3.
Tanglewood - N. Holly - Lazy Ln
10,000
4.
Jasmine - Timber Ln
20,000
5.
Crosby -Cedar Bayou Rd - clean ditches & reset driveways
15,000
6.
Narcille @ Bruce
39,000
7.
Greenwood Dr - outfall system
50,000
1�
8.
Bob Smith Rd @ McKinney - clean ditches
5,000
9.
Pecan Dr - Center & South Streets
10,000
10.
S. Main St - improve existing outfall system
5,000
11.
Brownwood Subdivision - connect drainage system to perim-
eter pumps
-
12.
Alexander Dr -�- pipe crossing
53,000
13.
Milner St - clean ditches & reset driveways
15,000
14.
Katherine - clean ditches & outfall; reset driveways
20,000
15.
Crow Rd - clean ditches & reset driveways
15,000
16.
Wooster.St - clean ditches & outfall
15,000
17.
John A.St - clean ditches & reset driveways
10,000
18.
Barnes St.- clean - ditches & reset driveways
15,000
19.
Coburn St - clean ditches & reset driveways
15,000
20.
Fortner St - clean ditches & reset driveways
5,000
21.
W. Sterling - construct drainage system
20,000
22.
Massey Tompkins Rd - outfall pipe from Crosby -Cedar Bayou
Rd to Raccoon Dr
30,000
23.
N. & S. Burnett - (a) clean ditches & reset driveways, as
necessary: $11,000 (b) @ Pin Oak Dr for flooding: $2,000
13,000
24.
Amelia St
10,000
25.
Bayou & Cedar Ave - clean ditches & outfall
10,000
26.
Tri -City Beach near Texas Ave
10,000
27.
Cedar Bayou - Beaumont & railroad
8,000
28.
Olive @ Danubina
-
29.
Brownwood Dr - build dirt berm on road shoulder
-
30.
Meador & Mayhaw
-
31.
Bowie - @ 317
-
32.
E. Republic - in vicinity of 715
-
33.
Cabaniss - outfall & clean ditches
-
%
$435,000
10/20/81
1981 Sanitary Sewer Slip-
TITLE: lining: Phase III
B I D: 8109 -21
DATE= Oct. 15, 1981 @ 10:15 a.m.
CITY O F BA I TO Yi%l y
'BID TABULATION
onstruction
Shur -Flo Inc.
Naylor Munici a1:Ser
Diamond Re- Sery -A1
Lovelace Constr.
TEM
QTY DESCRIPTION
EXTENDED
UNIT EXTENDED
UNIT TEND
UNIT EXTENDED
UNIT Ex7 rv�v-
'
1259540.00 127 ,600.00
Fh
144,487.00 153,936.60
1610560.00
ua
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GROSS TOTAL
LESS DISC.
N5, TOTAL
125,540.00 127,600.00
144,487.00 153,936.60
161,560.00
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1980 -81 Community Development � CITY O F BAYTO WN
Program: Street & Drainage
Improvements to Carver Street
TITLE:-- � B!D TABULATION
BID:
_ 8104 -16 ,
DATE Oct. 15, 1981 @ 10 a.m. f
'
Baytown Baytown Houston
R.T. Bisho Angel E ui ment Brown & Root
TEM QTY' DESCRIPTION UNIT EXT LADED UNIT EXTENDED UNIT EXTENDED
172,636.02 174,711.05 235,492.70
Baytown Baytown
Baytex Construction Savell Construction
UNIT EXTENDEO UNt7 EX N
oa►�a DprrF na�r.� pAirF
269,960.00 1 1
285,004.59
cd
GROSS TOTAL . .
LESS DISC.
285,004.59
N•�� TOTAL 172,636.02 174,711.05 _235�492y70 269,960.00
n �'I IVFPY �.