1981 11 24 CC Minutes11124 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
November 24, 1981
The City Council of the City of Baytown, Texas, met in
regular session on Tuesday, November 24, 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 Fuller moved for approval of the minutes for
the meeting held November 12, 1981; Councilman Johnson
seconded the motion. The vote follows:
Ayes: Council members
Wilbanks, Fuller
Mayor Hutto
Nays: None
Receive Petitions
None
City Manager's Report
Philips, Johnson, Simmons,
and Cannon
Preliminary Engineering Report on Rollingbrook Drive -
Council was furnished a copy of the preliminary engineering
report on Rollingbrook Drive. An item will be placed on the
next regular Council agenda in this regard.
Statement of Cost Comparison from Houston Lighting and
Power Company - Council was furnished with copies of letters
from Mr. Jim Schaefer, District Manager of Houston Lighting
and Power Company, setting forth cost comparisons for the
billing month of December, 1981. The base rate for December
is an increase from the $23.69 base rate charged in October
and November because the light company has put into effect,
under bond, increased rates as approved by the PUC.
11124 -2
Minutes of the Regular Meeting - November 24, 1981
Representative on Harris County Appraisal District
Board - The Administration has received notification from
Ms. Anita Rodeheaver, County Clerk, that Mr. Fred Hartman
has been appointed to the Harris County Appraisal District
Board by a vote of 23 to 1.
Letter Expressing Gratitude - In the Council packet was
a letter from Mr. Refugio Martinez, Chairman of the Petition
Committee which presented petitions several weeks ago. Mr.
?Martinez commended and thanked City Council, City Administration,
and the Clean City Commission for the concentrated efforts
to cleanup the neighborhoods mentioned in the petitions.
Christmas Parade - The Christmas parade will be held on
December 1. A member of the staff will be contacting Council
to determine which members can participate in the parade.
Cedar Bayou Water Tower - The contractor on this project
is making repairs and is performing some of the sandblasting
work necessary on the tower.
Drainage Projects - Singleton Road is fifty -five (55o)
percent complete; North Main is forty (40010) percent completed;
and West Main is approximately eighty -five (85 %) percent
complete.
Community Development - The contractor on
and Drainage Improvements to Carver Street has
approximately eighty -five (85 %) percent of the
and approximately ninety -five (95%) percent of
distribution system. The contractor plans to
for street work on November 30.
the Street
completed
storm sewer
the water
begin excavation
Statement by City Manager Regarding Appearances by !Ms.
Hilda Martinez and Ms. Janie Pequeno - Fritz Lanham, City
Manager, read a statement which statement is attached to the
minutes as Attachment "A ".
'questions and Comments Regarding City Manager's Report
In response to a comment from Council, Mr. Lanham
explained that the base rate increase is based on the rates
that the company has requested and has put into operation
under bond. Mr. Lanham also mentioned that one reason the
fuel cost is down is over - recovery of $14,000,000 in September.
Councilman Cannon stated that the last month he has
been looking at fuel costs. In fact, he has been working
with Mr. Lanham and Mr. Schaefer to get more data and become
educated on some of these things. In that regard Councilman
Cannon stated that he has been studying the fuel cost increases
very carefully and will be continuing to do so for the next
few months. He mentioned that the base cost will not change
again until the summer rates become effective unless something
changes before the PUC. He indicated the data he has been
receiving supports the fuel cost figures. While oil prices
are stablizing, natural gas fields are going dry and the
company must replace those with higher priced fuel.
Councilwoman Wilbanks indicated that possibly Council
could cover the matter regarding the news article more
extensively under the item on the agenda in that regard.
id
im
11124 -3
Minutes of the Regular Meeting - November 24, 1981
Ms. Hilda Martinez, Representative of Coalition of Concerned
Citizens, Will Appear
Ms. Martinez indicated that the group had not expected
the response from Mr. Lanham, but the group still felt that
Chief Turner should personally extend an apology for the
statement in the article which was derogatory toward Mexican
women. Secondly, the group requested clarification of the
statistics concerning alleged criminal acts committed by
Mexican aliens.
Ms. Martinez stated that the group is concerned that
the statements made by Chief Turner reflect the attitude of
the Baytown Police Department toward the Mexican- American
Community.
Ms. Martinez requested that a committee be appointed to
look into the relationship between the Mexican- American
Community and the Baytown Police Department. She suggested
that the Baytown Police Department, the Coalition of Concerned
Citizens and City Council members all be represented on the
committee. The goal of the committee would be to foster an
improved relationship between the Mexican - American Community
and the Baytown Police Department.
Ms. Martinez requested that the floor be open to others
of the group to speak, but Mayor Hutto stated that according
to the rules of procedure he could not allow all persons
interested in this one subject to speak. According to the
rules of procedure Ms. Martinez was considered the spokes-
person for this group. However, there was one other individual
who requested to speak. Mayor Hutto recognized Ms. Geraldine
Vara.
Ms. Vara stated that one of the most important parts of
the article included a statement by the Chief of Police
which indicated that in Mexico, women who work are considered
prostitutes. Ms. Vara stated that Mr. Turner should apologize
to all Mexican women for this statement. Ms. Vara also
indicated that the group had been present at the last Council
meeting and had presented their concerns, but went away
feeling that those concerns had been completely ignored.
Mayor Hutto explained that the first time that these
concerns were expressed to Council was at that Council
meeting and that Council had requested that the Administration
check into the matter and report back which is what transpired
when Mr. Lanham responded by memorandum. He explained that
this is usual Council procedure.
Council concurred with the suggestion of the City
Manager and the group that a committee be formed to study
concerns of Coalition of Concerned Citizens. Members of
that committee are Ms. Martinez, Ms. Pequeno, and three or
four other persons representing the Coalition of Concerned
Citizens, Chief Turner, Assistant Chief Henscey, Assistant
City Manager Patterson and Councilman Johnson. The committee
will meet on December 3 at 4:30 p.m. in the Conference Room
of the Baytown City Hall.
Councilman Philips stated that his personal feeling
about this problem is that in order to get right to the
source of the problem if there is anyway that this apology
can be made it should be.
11124 -4
Minutes of the Regular Meeting - November 24, 1981
Hold Public Hearing on Initiative Petition to Preserve
Library Property (7:00 p.m.)
Mayor Hutto introduced before the hearing proceeded a
letter from Mr. Victor G. Glass, Jr., Chairman, Baytown
Library Board, which indicated that the Library Land Committee,
working with First American Bank and Trust of Baytown representatives
were unable to arrive at a solution that would be mutually
agreeable to the concerned parties. Therefore, the wish of
the Baytown Libary Board is that the petition calling for an
ordinance that preserves the land in question for library
use be adopted.
Councilman Philips, as Chairman of the Library Committee
appointed by City Council, stated that since the bank has
withdrawn its offer completely and the Baytown Library Board
has made its decision available to Council, he moved that
Council instruct the Administration to prepare the ordinance
as proposed by the Initiative Petition to Preserve the
Library Property. This action will fulfill the wishes of
the majority of Baytown's citizens and will commit Council
to adopt the ordinance at its meeting on December 10.
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members
Wilbanks, Fuller
Mayor Hutto
Nays: None
Philips, Johnson, Simmons,
and Cannon
Mayor Hutto called the public hearing
the Initiative Petition to Preserve Librar
Members of the audience were notified that
desiring to testify should register on the
the hallway. Mayor Hutto administered the
present indicating a desire to speak.
to order concerning
V Property.
all persons
list provided in
oath to all those
Mayor Hutto explained that the hearing was being conducted
in accordance with Article 10, Section 103 of the City
Charter of Baytown for the purpose of receiving evidence and
public input concerning the Petition to Preserve Library
Property. Final determination will be made at the December
10 meeting, the regular Council meeting. Mayor Hutto requested
that each person be brief and stated that a recording would
be made of the hearing.
Carol Bartz, 4800 Country Club View, stated that she
was a member of the Library Board at the time the site was
originally purchased in 1976. The board felt then that
fortune was indeed smiling on the library. The land was
there and the money was available. City Council with keen
insight recognized the acquisition as being essential to
future library expansion. Today with land prices escalating
and fiscal responsibility an absolute necessity the land is
more valuable than ever.
Philip Dignam, 3105 Illinois Street, stated that commercial
and industrial development will make Baytown a great center,
but still for progress Baytown must rest on its ideas. Most
of those ideas are in books. The library land includes
parking area, landscaping, gardens, buildings, but in the
end in the buildings are books. There is a ratio of land to
books. What we do with land translates into what we do with
books. Books are the source of ideas, especially for children.
Minutes of the Regular Meeting - November 24, 1981
Ideas for wrestling with
unfortunately seem to be
Baytown needs ideas. Id,
Council to keep the land
order that ideas will be
in the future.
11124 -5
problems of the past which also
the problems of the future.
eas in books. Mr. Dignam urged City
for the library that now exists, in
available to the children of Baytown
Martha Mayo, President of Friends of Sterling Municipal
Library, stated that this group has 406 members who actively
support the public library. One of the purposes stated in
the group's constitution is to work toward enrichment of
library services and to support the total library program as
set up by the Library Board of Sterling Municipal Library.
The group urges the support of the ordinance to preserve
library land. The group considers the retention of library
land currently owned by the city to be necessary to insure
the future growth of the library. Baytown is a dynamic
growing city and the group wants the library to be in a
position to expand with this growth. Since May, 1977 more
than 35,000 individual library cards have been issued. In
October, 1981 alone 422 new borrowers joined the library
ranks. Although most members of Friends of Sterling Municipal
Library joined the organization because of the love of
books and reading, the group also supports the library
because they feel a strong public library is characteristic
of a vital commuity and makes an important contribution to
the quality of life. This hearing gives the Friends of the
Library an opportunity to thank the City Council for the
support it has given the library through the years. The
group is aware, because of Council interest and support,
Baytown has a library that Baytown can really be proud of.
Therefore, the Friends of the Library urge Council support
of the ordinance to retain the land for library expansion.
Jeanne Morlan, President of the Friends of Texas
Libraries and Chairman of the Concerned Citizens to Protect
Our Library Land Committee, stated that the intent of the
1976 Baytown Library Board, in recommending purchase of the
land in question with existing library bond money, was clear
and documented. The Board intended that the land be reserved,
until such time as it was needed, for the library's future
growth and expansion. This recommendation was an excellent
example of advance planning.
Since that time, in recent history, the library property
has been suggested as a possible site for a bus station in
the event of Baytown's approval of the M.T.A.
Now, a proposal to purchase the land has been put forth
though the property was not up for sale.
Although the current Library Board's original recommen-
dation to Council was not to sell the land, its representatives
to the Council- appointed Study Committee attempted to negotiate
in good faith for a square foot by square foot exchange of
land parcels, which would benefit both the Library and the
bank. A very reasonable proposal, suggested by Mr. Vic
Glass, Chairman of the Library Board, was rejected outright.
The library belongs to the people of Baytown and, as
the city grows, so will demand for increased library resources
and for space in which to house them. This land is the only
area to which the library can expand.
11124 -6
Minutes of the Regular Meeting - November 24, 1981
Mrs. Morlan pointed out that it was ludicrous that the
library's right to the land must be defended every time some
private or political body covets the property.
To protect the library land for the library, the group
urged immediate adoption of the Initiative Petition as an
ordinance and Mrs. Morlan thanked Council for the step taken
in that direction.
Ginnie Ferrano, 4815 Country Club View, President Elect
of the League of Women Voters of Baytown, stated that Sterling
Municipal Library is an asset to the City of Baytown in
meeting the diversified needs of this large community. The
League has been a long -time supporter of the library's
continuing services and goals. The League also recognizes
the rapid growth of this immediate area. Therefore, the
League now supports this Initiative Petition to hold on to
the library property for the inevitable need of the expansion
of the present facility or whatever other purposes deemed
necessary. Ms. Ferrano urged Council support of the library
as it strives to reach children, students, adults, senior
citizens, Lee College, Sterling and Lee High Schools, gifted
children, those with learning disabilities or those just
looking for a good novel to read.
Since there were no other persons present who indicated
a desire to speak, Mayor Hutto again announced that the City
Council will vote on the proposed ordinance at the City
Council meeting on December 10, 1981 at 6:30 p.m. in the
Council Chamber of the City Hall.
Councilman Simmons thanked all the dedicated citizens
who appeared to fight for a cause that they thought was
right, but he cited to them that as a Council whenever any
issue is presented to the Council, when it involved two
parties, Council is bound to listen to both sides and ascertain
the facts. He thanked the Council committee that served
with the Library Committee and the other party. He stated
that there are many single interest groups who appear before
Council and Council attempts to weigh the facts and do what
is best for Baytown. While each Council member represents a
particular district, the entire Council is representative of
the entire city's benefit.
Mayor Hutto declared the public hearing to be closed.
Consider Proposed Ordinance, First Reading on Proposed
Annexation of Raven Way and Adjacent Parcels
At the last Council meeting, Council had requested that
the Administration research the possibility of the City
entering into an agreement with owners of property adjacent
to Raven Way in which the owners would agree that sometime
in the future they would request annexation. At the last
meeting, Council had been informed that the large tract of
land labeled on the map as Tract No. 3 could be omitted from
this annexation and could be annexed in the future whether
the owner requested annexation or not. However, the small
tracts labeled 1 and 2 could not be because they do not meet
the requirments of 500 feet in all directions.
The Legal Department has researched the question of
whether an agreement with the present owners of the adjacent
land would be binding on future owners. The opinion stated
that the City should avoid entry into such an agreement for
two reasons. First, the agreement would be with the present
landowners and if this land were sold, the new owners would
not be bound by that contract, thus the agreement would be
11124 -7
Minutes of the Regular Meeting - November 24, 1981
without enforcibility. Secondly, the annexation statutes as
passed by the 67th Legislature indicate that there are only
certain methods by which lands shall be annexed and the
agreement proposed is not among those and would therefore,
be void as in contravention with the law.
The Administration recommended that Raven Way, railroad
right of way, along with parcels which are labeled 1 and 2
on the map be annexed.
Dalton Clanton, Mrs. Havis' son -in -law was present.
Air. Clanton, along with members of the Administration and
Council tried to determine if there was a possibility that
tracks 1 and 2, along with railroad property would equal 500
feet on all sides, but it was determined that this was not
the case.
Council expressed regret that no solution could be
found to the problem. It was determined during the discussion
that no plat had been filed by the developers which concerned
Council. Council suggested that the developers be contacted
to determine if they are still interested in having this
property annexed.
Councilman Philips moved to adopt the ordinance, including
parcels 1, 2, 4 and the railroad right of way as indicated
on the map which is Raven Way and the two parcels located on
the same side of the railroad tracks as Raven Way. Councilman
Philips stated that if the owners of Raven Way could defer
annexation of some of that property, an adjustment could be
made in the annexation description. Councilman Fuller
seconded the motion.
Councilman Cannon stated that in the years that he has
served on City Council that he has voted for annexation, in
particular when requested. However, in this case, he felt
to vote for this particular annexation would infringe on
some people's rights. He felt the Havis family had just as
much right to their request as the developers of Raven Way;
therefore, he was unable to support the annexation. The
vote follows:
Ayes: Council members Philips, Simmons, Wilbanks,
and Fuller
Mayor Hutto
Nays: Council members Johnson and Cannon
Councilman Philips stated that perhaps Council should
ask the developer to file a plat prior to the next Council
meeting to determine what the developer intends to do with
this property. If the land is not to be developed for
several years, then this annexation is pre- mature. Council-
man Philips stated he was announcing in advance that he
would not support the annexation on second and final reading
unless there is enough evidence presented to Council to
persuade him otherwise.
Councilman Fuller stated that he felt that Council
should really consider the requirement that a plat be filed
more strongly. He felt that the developers need to understand
that this is a serious matter.
* *Councilwoman Wilbanks no longer present.
11124 -8
Minutes of the Regular rZeeting - November 24, 1981
ORDINANCE NO. 3269
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF
RAVEN WAY SUBDIVISION AND ADJACENT LAND WHICH SAID TERRITORY
LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS OF
THE CITY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance Suspending Houston Lighting and
Power Company's Rate Increase for Thirty Days
This matter has been discussed several times and it is
necessary to suspend Houston Lighting and Power Company's
rate increase in order to forestall an automatic rate increase
prior to the hearing which is to be held December 10. The
Administration recommended approval of the ordinance.
Councilman Simmons moved for adoption of the ordinance;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3270
AN ORDINANCE SUSPENDING THE PROPOSED TARIFF AND SCHEDULE
CHANGES OF HOUSTON LIGHTING AND POWER COMPANY.
Consider Proposed Ordinance Repealing Chapter 9, "Civil
Defense and Disaster Relief," of the Code of Ordinances
and Substituting New Provisions
The revision of the Civil Defense and Disaster Relief
ordinance is necessary for the City of Baytown to be in
compliance with State law. The major changes are: (1) The
Mayor is to be the leading official in disaster planning and
will have the title of Emergency Management and Preparedness
Director; (2) The Mayor shall also have the authority to
declare an emergency; (3) The City Manager is now the Assistant
to the Mayor and the Civil Defense Director is under both
these two persons; (4) The City Manager is called the Emergency
Management and Preparedness Assistant Director; (5) The
Civil Defense Director is called the Emergency Management
and Preparedness Coordinator. The Administration recommended
approval of the ordinance. There will be no change in the
method of operation during emergencies.
Councilman Johnson moved for adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
11124 -9
Minutes of the Regular Meeting - November 24, 1981
ORDINANCE NO. 3271
AN ORDINANCE AMENDING CHAPTER 9, CIVIL DEFENSE & DISASTER
RELIEF, BY REPEALING THAT CHAPTER AND BY THE ADOPTION OF A
NEW CHAPTER 9; ESTABLISHING A PROGRAM OF COMPREHENSIVE
EMERGENCY MANAGEMENT & PREPAREDNESS WHICH INCLUDES THE
MITIGATION, PREPAREDNESS, RESPONSE AND RECOVERY PHASES OF
CIVIL PREPAREDNESS; ACKNOWLEDGING THE OFFICE OF EMERGENCY
MANAGEMENT & PREPAREDNESS DIRECTOR; AUTHORIZING THE CITY
MANAGER TO ACT AS THE ASSISTANT MANAGEMENT & PREPAREDNESS
DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY
MANAGEMENT & PREPAREDNESS COORDINATOR; AND PROVIDING THE
DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDENTIFYING AN
OPERATIONAL ORGANIZATION; GRANTING NECESSARY POWERS TO COPE
WITH ALL PHASES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE
AND PROPERTY IN THE CITY OF BAYTOWN; AUTHORIZING COOPERATIVE
AND MUTUAL AID AGREEMENTS FOR RELIEF WORK BETWEEN THIS AND
OTHER CITIES OR COUNTIES AND FOR RELATED PURPOSES; PROHIBITING
UNAUTHORIZED WARNING AND ALL -CLEAR SIGNALS AND MAKING
VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT TO EXCEED
TWO HUNDRED & N01100 ($200.00) DOLLARS.
Consider Proposed Ordinance Awarding Contract for West
District Sewer Rehabilitation Protect -- Contract No. 2
Six bids were received for Rehabilitation of West
District Sewage Collection System, Sewer Line Grouting and
Manhold Repair, Contract No. 2. The bids in order from low
to high with the total amount of each base bid and supplemen-
tary items, with the predetermined calendar days are as
follows:
CALENDAR
BIDDER AMOUNT DUE DAYS
Naylor Industries, Inc.
Pasadena, Tx. $ 307,209.30 200
McCullough Asso. Inc.
Houston, Tx. $ 329,177.00 200
Worthen Const. Co.
Houston, Tx. $ 341,093.00 200
Hycon Const. System, Inc.
Hitchcock, Tx. $ 421,200.70 200
Mar -Len, Inc.
Beaumont, Tx. $ 496,784.50 200
Walglen Const. Co., Inc.
Houston, Tx. $ 638,382.42 200
The low bidder is Naylor Industries, Inc. for the
amount of $307,209.30. Naylor Industries has performed
work for the City of Baytown on a number of projects and their
work has always been satisfactory. The ordinance awarding
the contract is contingent upon Environmental Protection
Agency approval. The Administration recommended approval of
the ordinance. The bid is below the engineers' estimate which
was $530,000.
11124 -10
Minutes of the Regular Meeting - November 24, 1981
In response to an inquiry from Council, Ken Streeter,
representative of the Consulting Engineers on the project,
Langford Engineering, Inc., explained that this particular
type contract is a little different than say a sewer line
contract even though it is a unit price contract. The
contractor will be going in to grout and rehabilitate an old
sewer system. The records used to prepare the plans and
specifications were televised records made of the system
approximately 3 years ago. Therefore, the engineers are
aware that there has been some additional deterioration
which means that these estimates will not be the final
quantities. The major portion of the contract will be
grouting. There will be an inspector who will be responsible
to determine whether a joint is to be grouted, if a point
repair will be necessary, or if some other action is required.
That inspector will also make daily reports of all work
performed.
After the work has begun a determination will be made
on whether sliplining is necessary. If sliplining is necessary,
that will be done in the future rather than making repairs
now. The bidders are aware of this. The very first thing
that will be done is that all the lines will be retelevised
and at that time, a determination as to the condition of the
lines will be made and what procedure should be utilized.
The City Manager will be provided with a monthly report
specifying the amount of work performed and the costs.
Council requested that Council be given a progress report
every two months or quarterly.
Mr. Lanham mentioned that the award of the contract is
subject to EPA approval and that the project is seventy -five
(75%) percent federally funded.
Councilman Fuller moved to adopt the ordinance; Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3272
AN ORDINANCE ACCEPTING THE BID OF NAYLOR INDUSTRIES, INC.
FOR THE CONSTRUCTION OF WEST DISTRICT SEWER REHABILITATION
PROJECT -- CONTRACT NO. 2; AND AUTHORIZING THE CONTRACTING OF
INDEBTEDNESS BY THE CITY FOR THE SUM OF THREE HUNDRED SEVEN
THOUSAND TWO HUNDRED NINE & 30/100 ($307,209.30) DOLLARS.
Consider Proposed Ordinance, Awarding Contract for Water
Main on IH -10 North Feeder Road from Thompson Road to
Approximately 600 Feet West of Thompson Road
Four bids were received for construction of water line
parallel to IH -10 from Thompson Road west approximately 650
feet. Bid tabulation follows:
Minutes of the Regular Meeting - November 24, 1981
Bidder
BRY Plumbing, Inc.
R. T. Bishop Construction
Company, Inc.
SPH Construction Co., Inc.
Sabine Consolidate, Inc.
8" Water Line
Base Bid
$ 18,345.56
$ 18,353.43
$ 22,513.00
$ 23, 729.50
11124 -11
12" Water Line
Alternate Bid
$ 23,353.71
$ 23,389.56
$ 29,209.00
$ 32,535.50
BRY Plumbing, Inc. is low bidder for the twelve (12 ")
inch water line alternate for the amount of $23,353.71. The
Administration recommended the bid be awarded to BRY Plumbing.
The entire cost of this line is to be borne by the developers.
The City Engineer has been in contact with the developers
who have agreed to these prices. The contractor will not be
given the work order until funds are deposited with the
city.
In response to Council inquiry, Mr. Bry who was present
stated that the company has been established in Baytown for
approximately one year. The company has been performing
mainly commercial work. Mr. Bry assured Council that the
firm was familiar with the soil in the Baytown area and
procedures necessary to perform the work required.
Councilman Philips moved to adopt the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3273
AN ORDINANCE ACCEPTING THE BID OF BRY PLUMBING, INC. FOR THE
IH -10 WEST WATERLINE AND AUTHORIZING THE PAYMENT BY THE CITY
OF BAYTOWN OF THE SUM OF TWENTY THREE THOUSAND THREE HUNDRED
FIFTY THREE & 71/100 ($23,353.71) DOLLARS.
Discussion of Policy Regarding Retainage for Contracts
Over $400,000
Mr. Lanham requested that Council indicate their
feeling on a matter prior to receipt of bids on another
Environmental Protection Agency project. There has been a
change in State law which affects retainage on contracts in
excess of $400,000. If the city retains more than five (5 %)
percent on a contract in excess of $400,000, the city must
earmark the retainage, place the retainage in an account
which will draw interest and pay the retainage, plus interest
to the contractor at the end of the job. Therefore, on
future contracts in excess of $400,000, the Administration
would need guidance from Council on whether to reduce the
retainage to five (5 %) percent or retain ten (10%) percent
and place the retainage amount in a special account and pay
interest.
Council expressed the feeling that it would be to the
city's advantage to retain five (5 %) percent which the city
can place in an interest bearing account and retain said
interest.
11124 -12
Minutes of the Regular Meeting - November 24, 1981
Consider Interim Report by Langford Engineering on Wastewater
Master Plan
On October 8, 1981, Council authorized Langford Engineering,
Inc. to update the city's 1965 Master Sanitary Sewerage
Study and also to provide an interim report for cost of
expansion of the West District Wastewater Treatment Plant.
The report primarily deals with determination of costs to
expand the West Sewer District Plant (the plant currently
under construction along IH -10) to accommodate additional
flows from proposed developments within that sewer district
area.
The new limits for the West Sewer District may be
described in these general terms: The northern boundary is
formed by Ellis School Road, Thompson Road and Wallisville
Road, to east of Garth Road. The east limit is along the
drainage divide from Wallisville Road to Archer Road. The
boundary then takes a meandering westerly course, staying
north of Crosby Lynchburg Road, to Thompson Road, then a
meandering southerly course along Thompson Road, the industrial
water supply canal, and the city limits to Scott Bay. The
remaining boundary is formed by three bays, the San Jacinto
River, Interstate 10, and Crosby Lynchburg Road. The west
sewer district consists of approximately 6,291 acres of non -
flood prone land. It is this acreage, and not the gross
acreage, which is important in the planning of wastewater
collection and treatment facilities.
Population projections through the year 2,000 have been
received from H -GAC for this particular area. A population
of 17,579 is being projected for the year 2,000 for this
area. That figure is based on past historically growth
patterns and does not include developments requesting service
or those that indicated the need for service at some future
date. The engineers took all of this into account to determine
that the additional flow from the proposed developments
would be 1.89 million gallons per day. This means that in
the future when the sewer district is built to density
projected by H -GAC and the proposed developments come into
being, a plant capacity of 3.99 million gallons per day will
be necessary. That size plant can be constructed at the
present site of the West Sewer District Plant. The plant
that is being constructed has capacity of 1.32 HGD. When
the plant goes on stream, it will be operating at approximately
1 MGD which will provide 320,000 gallons per day surplus
capacity. The Thompson Road Utility District is projecting
a capacity need of 375,000 gallons per day by 1984. Therefore,
by 1984, an expansion will be necessary at this site.
The plant was designed to be expanded in phases. The
first phase expansion would cost an estimated $2,135,430
which includes construction, contingencies and other expenses
such as engineering, administrative and legal fees. Phase 2
will bring the plant to total capacity of 3.99 MGD. Phase 2
will cost approximately $1,963,526. The total cost for both
expansions would be $4,098,956 for a total cost per gallon
of $1.55. This is what it would cost the city to furnish
this capacity. That figure is representative of today's
dollars and when looking toward the future, these dollars
would need to be inflated.
11124 -13
Minutes of the Regular Meeting - November 24, 1981
In response to an inquiry from Council, Mr. Lanham
explained that with this $1.55 figure, the city could enter
into a contract with a developer of a utility district. The
city would agree to furnish the district with a certain
amount of capacity when the district would be fully developed,
but the developers would have to put the money up immediately
based on the $1.55 figure. The reason the Administration
did not include inflation in the amount is that the money
the developer puts up front would be invested and hopefully
by the time the expansion project is bid, there will be
enough money to take care of inflation. The figure would be
updated on a yearly basis according to the inflation factor.
The Administration will be able to establish the cost
to the developer by the developer providing how many single -
family residential lots are expected and how many multi-
family. Based on that information, the engineers compute
required capacity.
Councilman Philips pointed out that the City would need
some method of protection against the developer stating that
single - family dwellings are to be constructed and then later
constructing multi - family dwellings. Mr. Lanham responded
that that could be handled by contract. He felt that the
report would not require Council approval if Council had no
objection to the Administration using the $1.55 figure when
negotiating with those who inquire about the possibility of
sewer service. The actual contracts must be considered by
Council. However, the developers do want some idea of costs
in order to make the decision whether to enter into contract
with the city or attempt to build their own treatment plant.
Council expressed no objection.
Councilman Philips pointed out that on Table 2 of the
report, the consulting engineers had included $52,000 for
blower building expansion and he felt that that might be an
unnecessary item. Mr. Streeter indicated that the consulting
engineers would consider the necessity of that item.
Consent Agenda
In response to an inquiry from Council regarding the
necessity of a 3/4 ton pickup, Chief Turner explained that
due to the heavy cage that the truck would be supporting a
heavier vehicle was necessary.
Council considered the consent agenda as follows:
a. Proposed Ordinance No. 11124 -6, will authorize
final payment to Jesse Lovelace Construction
Company for the East District Trunk Sewer. The
original contract amount was $1,538,745.60 with
one change order deducting $3,500 and underruns on
bid items of $4,152.25, making the final contract
amount $1,531,093.35. Previous payments of
$1,483,564.03 have been made. The final payment
is for the sum of $47,529.32.
b. Proposed Ordinance No. 11124 -7, will authorize
the final payment to Channel Construction for the
emergency sliplining of sanitary sewer on Kilgore
Road. The original contract amount was $8,856.25.
The project did have an overrun of $2,128.50 due
11124 -14
Minutes of the Regular Meeting - November 24, 1981
to three additional reconnections. Prior payment
was $9,886.28. The final payment is for the
amount of $1,098.47. All items have been completed
by the contractor according to the plans and
specifications.
We recommend approval of Ordinance No. 11124 -7.
C. Proposed Ordinance No. 11124 -8, will authorize
Change Order No. 2 to the 1981 Sanitary Sewer
Sliplining - Phase III. The addition of another
300 L.F. of 32" liner in the Ferry Road 36" sewer
line is recommended due to the low bid received
for the 32" line ($50 per L.F.) and this will line
most of the remaining sewer line along Ferry Road
that is subject to infiltration caused by high
tides. This change order would be for $15,000,
bringing the total contract amount to $145,510.
We recommend approval of Ordinance No. 11124 -8.
d. Proposed Ordinance No. 11124 -9, will award the bid
of a 3/4 ton pickup for the Humane Department.
Three (3) bids were received. San Jacinto Ford of
Baytown submitted the low bid of $9,288.05. Pine
thousand dollars was budgeted for this item.
We recommend the low bidder, San Jacinto Ford, be
awarded this contract.
e. Proposed Ordinance No. 11124 -10, will award the
bid for the purchase of a 1 1/2 ton utility truck
for the Public Works Department. Four (4) bids
were received. San Jacinto Ford submitted the low
bid of $19,270.56. Eighteen thousand dollars was
budgeted for the purchase of this item.
We recommend the low bidder, San Jacinto Ford, be
awarded this contract.
f. Proposed Resolution No. 798 will appoint the
Assistant City Manager -- Deputy Treasurer of the
City of Baytown. Section 77 of the Charter of the
City of Baytown provides, "All checks, vouchers or
warrants for the withdrawal of money from the city
depository shall be signed by the city treasurer,
or his deputy, and countersigned by the city
manager. In the absence of the city manager,
checks may be countersigned by the city clerk."
The proposed resolution is necessary to appoint
the Assistant City Manager as deputy treasurer.
The last resolution specifically appointed Dan
Savage, Assistant City Manager, Deputy Treasurer.
We recommend approval of Resolution No. 798.
Councilman Cannon moved to adopt the Consent Agenda
Item Nos. 12a through-12f; Councilman Johnson seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
11124 -15
Minutes of the Regular Meeting - November 24, 1981
ORDINANCE NO. 3274
AN ORDINANCE APPROVING AND ACCEPTING THE WORK DONE ON THE
EAST DISTRICT TRUNK SEWER; FINDING THAT THE WORK IS DONE IN
ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE
CONSULTING ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE;
AUTHORIZING THE FINAL PAYMENT TO THE SAID JESSE LOVELACE
CONSTRUCTION COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
ORDINANCE NO. 3275
AN ORDINANCE APPROVING AND ACCEPTING THE EMERGENCY SLIP-
LINING ON KILGORE ROAD; FINDING THAT THE WORK IS DONE IN
ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE
CITY ENGINEER'S CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING
THE FINAL PAYMENT TO THE SAID CHANNEL CONSTRUCTION COMPANY;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
ORDINANCE NO. 3276
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 2 TO THE CONTRACT
WITH CHANNEL CONSTRUCTION COMPANY FOR THE 1981 SANITARY
SEWER SLIPLINING - PHASE III IN THE CITY OF BAYTOWN.
ORDINANCE NO. 3277
AN ORDINANCE ACCEPTING THE BID OF SAN JACINTO FORD FOR THE
PURCHASE OF A 3/4 TON PICKUP TRUCK AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF NINE THOUSAND
TWO HUNDRED EIGHTY EIGHT & 05/100 ($9,288.05) DOLLARS.
ORDINANCE NO. 3278
AN ORDINANCE ACCEPTING THE BID OF SAN JACINTO FORD FOR THE
PURCHASE OF ONE (1) 1 1/2 TON UTILITY TRUCK AND AUTHORIZING
THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF NINETEEN
THOUSAND TWO HUNDRED SEVENTY & 56/100 ($19,270.56) DOLLARS.
PROPOSED RESOLUTION NO. 798
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
TEXAS, REPEALING RESOLUTION NO. 576; APPOINTING THE ASSISTANT
CITY MANAGER AS DEPUTY TREASURER AND AUTHORIZING WITHDRAWAL
OF FUNDS FROM THE CITY'S DEPOSITORY ON CHECKS SIGNED BY THE
TREASURER OR DEPUTY TREASURER AND THE CITY MANAGER OR CITY
CLERK.
For bid tabulations, see Attachments "B" and "C"
respectively.
Councilman Philips commented that on the bid for the
3/4 ton pickup truck, there were only three bids received.
He pointed out that no company other than Ford had bid the
item. He inquired if possibly the city is writing its
specifications so that certain bidders are precluded from
bidding.
Mr. Lanham responded that this was not the case. He
also mentioned that the Administration is making an effort
to learn the reason more bids are not received.
Councilman Philips requested that Council be furnished
with which companies are "no bidders."
11124 -16
Minutes of the Regular Meeting - November 24, 1981
Recess and Reconvene
Council recessed into executive session to discuss
contemplated litigation. When the open meeting reconvened,
Mayor Hutto announced that no business had been transacted.
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
D,
Eileen P. Hall, City Clerk
K
Ma
Attachment "A"
M E M O R A N D U M
TO: City Council
FROM: Fritz Lanham, City Manager
SUBJECT: Newspaper Series - Illegal !!liens
DATE: November 24, 1981
Ms. Martinez and his. Pequeno appeared at the Council
meeting on November 12 and expressed their concern about one of
the series of twelve (12) articles appearing; in the Baytown Sun
regarding the illegal aliens in this community. This is, in
part, a response to those concerns.
We, in City government, must work for and protect the
people in the community - -both citizen and visitor. Aliens
bring special problems with which we are not totally familiar.
We are not experts in Mexican culture. Aliens are not knowl-
edgeable about our culture in many cases. This presents
problems, not only for the community, but for aliens as well.
The newspaper evidently felt that the place of the
illegal alien in this community was of sufficient importance
to run a twelve -part series. It seemed to me that the thrust
of the news stories was that cultural differences, coupled
with the fact that some aliens are here illegally, result in
a different style of living and behavior.
One of the series dealt with the alien and criminal
activity. In preparing this article, the reporter talked with
Chief Turner and Detective Kuehn. I think an important mes-
sage in this article was that, first of all, most illegal
aliens are honest,.law- abiding people, but there are some who
break the law and get into trouble. Further, I think Chief
Turner and Detective Kuehn were attempting to explain why
illegal aliens may respond differently from other people in
similar situations. Several months ago, Chief Turner, along
with other law enforcement officials from across the state
attended a symposium in San Antonio on Contemporary Issues
in Texas Police- Community Relations. One of the subjects
discussed was attitudes toward working women. Some of the
chief's statements to the reporter were based on information
given in that training session.
Chief Turner has said that he feels Baytown is be-
coming divided between the Hispanic and the non - Hispanic
communi :ies and that he is interested in doing what he can
to reverse this trend. In responding to the reporter's
questions, Chief Turner was striving to bring about better
understanding of the differences between illegal aliens and
others in our community. If, in attempting to do this,
F0
Memorandum - Newspaper Series - Illegal Aliens
Page No. 2
people got their feelings hurt, Chief Turner has said he is
truly sorry. His objective is to make Baytown a better place
to live for everyone. As City Manager, I can assure those
whn are concerned that if anyone is offended, we are indeed
sorry.
I agree with Chief Turner that there is a need for
more understanding between people. In an effort to further
such understanding, I would like to suggest that Ms. Martinez,
Ms. Pequeno and three or four other persons representing their
group meet with Chief Turner, Assistant Chief Henscey and
Assistant City Manager Patterson and give us an opportunity
to answer questions asked in the appearances before City
Council on such things as police record keeping and legal
rights of persons who come in contact with the police de-
partment. Hopefully, by establishing improved communication,
there will be better understanding between those of us in
City government and citizens and visitors to our community.
c 1' r .
alp: -
)Q'r�; Novcmbe r 13 , 18,10,,,=, •
San Jacinto Ford Joe Cam Ford Tomm Vau n F
LL //�•QTY DESCRIPTION UNIT EXTENDED UN(T pCTENDED UNIT X' ND 0 UNIT r= xrr:NDEO Ur�17 E:C7E�NO�U
Tt,��/1 Ld R
;, 1 each 3/4 TON PICKUP TRUCK, $8,716.34 $8,869.24 $9,x95.64
per specifications
Make /Nadel Ford F -250 Ford F -250 Ford F -250
t
Option 1. Air Conditioning $57]•71 � $511.71 $482'58 1
TOTAL BiD $9,288.05 $9,44x•95 $9,578.22
Delivery A.R.x. l4 days 30 Lo 7 days 47 ays
•�
a�
- Thirteen �13).companies _
� were mai]ed bids.•
a�
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U
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.
CROSS ToTAC. t •
LESS D1 S C.
NET T�TA L
n r-, , � i r- n �.•
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•
•
.
,•
i
• i
�rrL E:
31D� s ?>> -lo
)ASE, (,�n�rm� hr r l �j _ 1 q 1 �,�,,,_ .
TEMI QTY � DESCRIPTION
�, 1 each 1 1/2 TON UTILITY TRUCK
per specifications
• Make /Model
� Delivery A.R.O.
U
E
U
a;
I �
�•N i l U YY 1 V
B10 TABULATION .
,� �•
—_� _ i mme r � S'.Y.L4J.�.
E Keatin o d
5�n Ja Q Ford UNIT ND 0 UN1T E�'TENQED OF /1T Ex q NDEU
uN1T ExrENO o uNlr
R
519,270.56 519,815.00 522,999.06 522,950.00
FORD F -700 FORD F -700 ORD F -700 Chevrole� CC7D042
120 daysf 60 -150 d s 00 days 150 days`
•�
CROSS TOTAL
:,
LESS DISC.
N�`T TOTA L
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CROSS TOTAL
:,
LESS DISC.
N�`T TOTA L
n ri �� irnv
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