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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 � � �. GROSS TOTAL LESS DISC. N5, TOTAL 125,540.00 127,600.00 144,487.00 153,936.60 161,560.00 n -F-1I /P, P V -,.. f. m ::Q �o `loC7� VDU) J r r V O v N r o 0 P" Oo W r A O O O !4 o co k V �o O m N cu Z C o0 0 O rt o 00 � Q a 1 � 00 W Y rt O O • O !4 o co k �o m Q rTj cu Z C o0 0 p Oo H r rt o 00 � Q a 1 � to aq cn lrit w Y W rt :r w � tta m HS r O H K n r In N O Z !4 C)* k �o m cu Z C o0 0 � Q a a 1.1 ro a 0 c� M C)* �o cu C o0 rD � Q j 1.1 ro a 0 c� M �. 2: !r- (f) C) •7�vJ� . r- V Ln 0 0 0 0 CO N In 0 0 i Attachment "C" i -c o CO w :� o a) Ln N 'Jd `• O P N Cr n r M r rt O W C R+ w rrt n M a �C z rt v XP 0 u, m w o o CA o. z ui 0 �o z Cn Cu -n rt c o0 r� X `� o0o m K ILn FU N z0� rt M CD O co E 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 �.