1982 03 11 CC Minutes, Special20311 -1
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 11, 1982
The City Council of the City of Baytown, Texas, met in
special session on Thursday, March 11, 1982, at 5:30 p.m. at
the northwest corner of the last entryway into Goose Creek
Shopping Center from Sharon Road and in the parking lot with
the following attendance:
Jimmy Johnson
Perry M. Simmons
Roy L. Fuller
Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Randy Strong
Eileen P. Hall
Absent: Fred T. Philips
Mary E. Wilbanks
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
City Attorney
City Clerk
Councilman
Councilwoman
The meeting was called to order with a quorum present
and the following business was conducted:
Hold Public Hearing on Proposed Annexation of Goose Creek
Shopping Center
Mayor Hutto declared the public hearing on the proposed
annexation of Goose Creek Shopping Center to be open. Mayor
Hutto explained that the property being proposed for annexation
was shown on a map which members of the Administration were
holding. He also mentioned that a service plan was available
for any interested person to review. Since there were no
persons present who expressed a desire to speak, Mayor Hutto
declared the public hearing to be closed.
Eileen P. Hall, City Clerk
20311 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 11, 1982
The City Council of the City of Baytown, met in regular
session on Thursday, March 11, 1982, at 6:30 p.m. in the
Council Chamber of Baytown City Hall with the following
attendance:
Fred T. Philips
Jimmy Johnson
Perry M. Simmons
Roy L. Fuller
Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Larry Patterson
Randy Strong
Eileen P. Hall
Absent: Mary E. Wilbanks
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Councilwoman
The meeting was called to order with a quorum present
and the invocation was offered, afterwhich the following
business was transacted:
Minutes
Councilman Simmons moved for approval of the minutes
for the meeting held February 25, 1982; Councilman Fuller
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons
Fuller and Cannon
Mayor Hutto
Nays: None
Receive Petitions
Mike Cross, representative of Communication Workers of
America, presented a petition which had been signed by
General Telephone Company craft employees. The petition
urged the City of Baytown to refrain from supporting the
Texas Municipal League in its intervention in the recent GTE
rate increase proposal. The petitioners indicated that the
company has expended large amounts of money and effort,
including a multi - million dollar switching office replacement
in Baytown that has and will continue to improve service
levels.
Randy Strong, City Attorney, explained that the ordinance
to be considered later in the meeting would authorize the
city to pay funds to help .finance the rate study being
performed by Touche, Ross concerning the rate request of
General Telephone Company of the Southwest.
20311 -2
Minutes of the Regular Meeting - March 11, 1982
Mayor Hutto stated that it would be very difficult to
justify not investing $ .15 per capita in an effort to study
the proposed increase which has a potential of doubling the
citizens of Baytown telephone costs.
Councilman Johnson moved to accept the petition; Councilman
Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
Councilman Philips stressed that Council had in the
past supported the same type rate study in rate requests of
Houston Lighting and Power and the telephone company because
Council felt that the citizens' general interest warranted
protection. The study will substantiate the reason for the
rate increase.
Citv Manaaer's Report
Mayor's Summer Job Program - Mayor Hutto announced that
there will be conducted a summer job program by which jobs
will be created for young people. For the past several
years, Parks & Recreation Department has been involved in a
summer youth program co- sponsored by the Texas Department of
Community Affairs and the City of Baytown which was known as
the Youth Conservation Program. These young people constructed
new playgrounds and installed playground equipment. The
funding for this program has been eliminated. Last summer,
the Clean City Commission supervised a team of seven (7)
known as the Summer Anti - Litter Team whose salaries were
funded by CETA Summer Youth Employment Program. Overhead
costs of supervision were paid by donations of local business
concerns. The CETA funds have been cut back and may have
been completely eliminated. The program that the Mayor
announced will enable both groups to continue their services
to the community through the cooperation of the local business
community. In fact, Exxon Refinery has already budgeted
$4,300 for this program. The goal is $25,000. If that
amount is collected, the City will be able to employ at
least nine (9) workers for the Parks and Recreation Department
and seven (7) for the anti - litter team at a comparable level
to that provided last summer.
Several years ago something similar was done. This is
something that the Clean City Commission and the Parks and
Recreation Department are very interested in pursuing.
West District Sewer System Improvements - Nunn and
Shumway, the contractor on construction of the sewer plant
and the Lakewood Lift Station or Contract No. 1, has completed
sixty -five (650) percent of the work; with forty -eight
(48co) percent of the contract time having been utilized.
Drainage - Significant progress has been made on the
Massey Tompkins Project which is eighty (80 %) percent complete.
Crosby Cedar Bayou Road is ninety -five (95%) percent complete.
Work has begun on Crosby Cedar Bayou /Highway 146 work in the
vicinity of Cedar Bayou Baptist Church. Approval has been
20311 -3
Minutes of the Regular Meeting - March 11, 1982
granted by the state highway department to work in the right
of way at that location. The Barnes Street project is
eighty (80%) percent complete.
Community Development Project - Carver Street improvements
are ninety -eight (98010) percent complete. Some cleanup work
remains to be done.
Sliplining - The sliplining contractor has begun work
in the Glen Arbor Subdivision. The eighteen (18 ") inch line
has been cleaned and the contractor is in process of televising.
Some of the pipe has been delivered.
Craigmont /Ponderosa Water Lines Replacement - The
engineering consultant, Wayne Smith, has reported that the
design work on the Craigmont /Ponderosa Water Lines Replacement
is sixty -five (65%) percent complete.
Council meeting - The first regular Council meeting in
April will fall on April 8 which is the day before Good
Friday; therefore, Council scheduled the first meeting in
April for April 7 at 6:30 p.m.
Comments or Questions Regarding City Manager's Report
Councilman Johnson inquired if the City could install
dumpster.s on Tri- Cities Beach Road for a month or three -
month trial basis to determine if this would be helpful to
eliminate litter.
Mr.. Lanham stated that the Administration would develop
cost figures and check with other communities or counties to
see what their experience has been.
Postmaster Jim Dupree Will Appear
Postmaster Dupree stated that it has been approximately
one year since a combined effort of the Chamber of Commerce
and City Council began to attempt to improve postal service.
Since that time additional window personnel have been assigned
which has resulted in decreased complaints. Three self -
service postal units have been installed in the city. One
has ben installed at the main office, one has been installed
behind the savings and loan at Ward Road and Highway 146 and
one has been installed in the upper level of Montgomery
Wards. The self - service unit at Montgomery Wards is not
being utilized as it should; therefore, another location for
this unit will be sought. A contract for a new contract
station off Bayway Drive has recently been let and that new
location will be announced within a few weeks. This location
will serve the Lynchburg area. The postal service had been
experiencing difficulty with the telephone system due to one
incoming line, but a three -line rollover system has been
installed, along with a line strictly for official use which
prevents the other lines from being tied up. Parking is
still a problem and is possibly something that the postal
service will have to contend with until a new facility is
constructed.
20311 -4
Minutes of the Regular Meeting - March 11, 1982
Mr. Dupree stated that the possibility of utilizing the
old Sears or Globe facility for the site of a postal facility
had been thoroughly explored. The Sears building is an
older building and the cost to utilize the facility even on
an interim basis was prohibitive. To make an interim move
to Sears would close the Defee Street Station and a subsequent
move to a new facility would close the Sears facility leaving
the downtown area void of postal service. The purchase of
the Sears facility was rejected by the regional office on
basis of the status of the facility and future needs and
planning. The new facility will be constructed on a 20 -year
base with two ten -year expansion periods. The present site
of the old Sears building has more than adequate parking,
but the direction of growth that Baytown is taking indicates
that the new postal service should be in the area of Garth
Road and Rollingbrook Drive. The preferred area for a new
postal site extends north of Baker Road, east to North Main
and down Garth Road to Lobit Street. This is the broad aea
in which site selection will be pursued. An environmental
assessment was performed mid -1981 of this area taking into
account traffic congestion, transporation, land availability,
flood plane, etc.
?sr. Dupree stated that due to national budget cuts,
site selection and actual purchase was slowed. Mr. Dupree
met with the regional postmaster general in Beaumont and was
told that the funds for this project should be released in
October. The budget cut set the project back by approximately
five months. Probably by late 1982 or early 1983, the site
will have been selected and purchased. Mr. Dupree cautioned
that if there was too much speculation with regard to the
area in which the postal service will be seeking to purchase
land for a site, the postal service would completely withdraw
from the area for a period of time and go into confidential
negotiations.
In response to an inquiry from Council, Mr. Dupree
stated that the proposed plan is to leave the Defee office
open as a finance and box delivery station. The station on
Market Street would remain as it is. The carrier unit and
new finance and box delivery unit would go north of the city
and would be the main office for Baytown. With the demand
that will remain in the area of Defee, that station will
remain open. The postal authorities are seeking a contract
service a little further out on Garth Road, but a self
service unit may be utilized.
Mayor Hutto stated that a hearing had been scheduled
for 7:00 p.m. and that hearing would be delayed for a few
minutes in order that Council could continue with Mr. Dupree.
Councilman Philips stated that the chief complaint that
he had been receiving was strictly due to waiting time at
the windows.
Mayor Hutto complimented Mr. Dupree on the service
improvement and stated that the only area where he could see
that perhaps more help could be utilized would be during
peak periods at the windows.
Jean Shepherd Will Appear
Ms. Shepherd withdrew her request to appear prior to
the meeting.
20311 -5
Minutes of the Regular Meeting - March 11, 1982
Hold Public Hearing on Proposed Annexation of Goose Creek
Shopping Center (7:00 p.m.)
Mayor Hutto called the public hearing on the proposed
annexation of Goose Creek Shopping Center to order and
requested that all individuals present who desired to speak
sign the register provided in the hallway. A service plan
for the area had been developed by the city staff and the
Mayor informed those present that copies were available for
distribution. A map posted in the Council Chamber indicated
the area proposed for annexation. A portion of the shopping
center was annexed when the city annexed 300 feet on either
side of the center line of Garth Road. Construction has
begun on the shopping center and unless this annexation is
completed, a portion of the center will be inside the city
limits and a portion will be outside. The owners of the
shopping center have requested that the city annex the
remaining portion of the shopping center. A service plan
has been filed with the City Clerk. The city either has
service available there now or will be able to make service
available.
In response to inquiry from Council, Mr. Lanham stated
that the engineering department has approved the plans and
construction is being inspected.
Since there were no individuals indicating a desire to
speak, Mayor Hutto closed the public hearing.
Consider Plans and Specifications of West District Sewage
Collection System - Service Line Replacement, Sliplining
and Point Repair and Authorize Advertisement for Bids
Mr. Lanham explained some of the background having to
do with this project. Two or three years ago, a plan for
sewer system improvements to the West District was presented
to the City Council. These improvements were divided into
four separate projects, although one EPA grant covers all
the work. There are four contracts involved. Bids have
been awarded for three - -the sewer plant and lift station,
sewer collection system, line grouting and manhold repair
and effluent force mains. Council gave approval for the
fourth contract several months ago, but the engineers now
have detailed plans and specifications for Council consid-
eration. Estimated cost of this work is $1,337,000.
Ivan Langford, III was present with a copy of the
detail plans and specifications. Council had reviewed the
plans previously. Mr. Langford explained that quantities
may change depending on what the contractor finds after the
work begins. The consulting engineers have attempted to
cover every contingency by providing for point repairs in
wet sand, point repairs in a dry hole, abandoned point
repairs, replace asphalt, replace shell, working in easements,
working in street rights of way, etc. Mr. Langford requested
permission to receive bids for this project on April 15 at
10:00 a.m. After bids are received and an award is made by
City Council, EPA approval must be received prior to con-
struction; therefore, work should begin on the project
around July 5.
20311 -6
Minutes of the Regular Meeting - Parch 11, 1982
In response to an inquiry from Council, Mr. Langford
stated that due to a systematic survey performed approximately
four years ago, the engineers have some idea of what to
expect. Bid items have been established on the basis of all
problems that could possible be encountered, but perhaps
there could be something encountered that was not considered.
The consultant's field personnel will be responsible for
making decisions of what procedures need to be followed and
during the entire process field personnel will be working
very closely with city staff to get input for decisions
concerning the project.
Councilman Fuller moved to approve the plans and speci-
fications as presented and to approve advertisement for
bids; Councilman Philips seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
The contract specifications call for completion of the
project within 200 calendar days, but the contractor is
entitled to extensions of time for various reasons.
Administration Will Report Concerning Petition by Residents
Along Azalea for Drainage Relief
At the City Council meeting on February 25, Mr. Bonham
appeared before the Council and requested improved drainage
on Azalea Street. Council was provided with a copy of a
memorandum from Norman Dykes, Director of Public Works /City
Engineer, setting forth proposed alternatives to alleviate
the problem. A map was posted behind the Council table
which indicated the two plans for consideration. The first
plan would require replacing about 115' of 18" drainage pipe
and regrading about 70' of ditch at a cost of about $3,000.
This would allow water to begin flowing north when the water
elevation is 20" below slab elevation.
The second plan would require replacing about 650' of
drainage pipe, some at a depth of 71, at an estimated cost
of $20,000. This would allow water in the ditch in front of
Mr. Bonham's home to flow north as well as south as rain
begins and water begins to flow. The line to the north
would become the primary drainage route rather than a relief
line.
Mr. Dykes stated that since no homes have been flooded
in the area, the first plan would provide adequate protection
for the residences. Mr. Dykes pointed out that the slabs of
several of the homes in this area are at lower elevation
than the edge of the pavement. He recommended that the work
be done by city forces, but pointed out that the crews are
running behind on the present drainage schedule; therefore,
the work would probably be performed under next year's
schedule.
Mr. Bonham was present and in response to the question
whether his home had ever received rain water, Mr. Bonham
stated that the water had come to within one -half inch of
coming into the house. This was from a nine to ten inch
rain.
M
20311 -7
Minutes of the Regular Meeting - March 11, 1982
Councilman Philips moved to authorize the Administration
to proceed with replacing of 115' of 18" drainage pipe to
get the 20 inch clearance. Councilman Philips clarified
that since Mr. Bonham has not had water in his home and
currently, the city is working on areas where water did get
in homes, included as part of the motion is that this be
included in next year's program and if the work force becomes
available, the work is to be performed this year. Councilman
Cannon seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
Mr. Lanham responded to another point Mr. Bonham had
raised at the previous Council meeting regarding the platting
of Lakewood, Section Q. Engineering plans for Lakewood,
Section Q were reviewed by the City staff and approved on
June 9, 1980 which was prior to the passage of new drainage
requirements.
Administration Will Report Concerning Petition for Bus
Stop on Northwood Drive
Council had received a petition on February 25 from
parents whose children are presently forced to utilize a bus
stop on Garth Road which is an extremely busy thoroughfare.
These parents requested assistance from the city to establish
a bus stop on Northwood Drive since it is school policy that
buses do not go into areas where buses must back out. The
staff made a study of the area. About one -third of the way
down Northwood Drive toward the end of the street, there is
a green area where a turn around for the school buses could
be constructed. The Administration has consulted with
school district representatives who have indicated that in
this case the buses would be routed off the thoroughfare if
a turn around facility was provided. The Administration
recommended that the city construct the turn around conditioned
upon the owner of the apartments dedicating to the city the
necessary right of way. The material to construct the turn
around will cost approximately $1,000.
Councilman Johnson moved to accept the Administration's
recommendation; Councilman Cannon seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
Consider Proposed Ordinance, Authorizing Installation of
Traffic Signal at Intersection of Garth Road and Schilling
Avenue
Council received a petition on January 28 requesting
that a signal be installed at the intersection of Garth Road
and Schilling Avenue. That petition was referred to the
traffic committee and the committee has recommended approval.
20311 -8
Minutes of the Regular Meeting - March 11, 1982
It will be necessary for the city to acquire right of way on
two corners for pole locations. The estimated cost for
installation of traffic signal at the intersection of Garth
Road and Schilling Avenue is $29,000 which will deplete
funds from the 1975 bond program for signalization.
Councilman Fuller moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Hays: None
ORDINANCE NO. 3340 -A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING THE INSTALLATION OF TRAFFIC CONTROL SIGNALS AT
GARTH ROAD AND SCHILLING AVENUE: PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED AND N01100 ($200.00) DOLLARS; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Councilman Philips requested that the Administration
begin work on a signal control system for Garth Road from
Baker Road to Park Street so that could be considered in the
budget process.
Consider Proposed Ordinance, Amending Election Ordinance to
Provide for use of 1982 County Precincts and for Consolidation
of Precinct No. 12 with Precinct No. 533 and Precinct Fo.
249 with Precinct No. 532
The proposed ordinance will provide that the April 3,
Municipal Election will be conducted utilizing the 1982
county voting precincts. The county will provide up -to -date
voter registration lists and new voters' registration cards
are in the process of being mailed. After the ordinance was
forwarded to Council, it was discovered that a small portion
of Precinct No. 96 is now inside the city limits of Baytown;
therefore, provision has been made in the ordinance for
those persons residing along the east side of Garth Road to
vote at Precinct No. 456 (Harris County Courthouse Annex).
The Administration recommended approval of the ordinance.
Councilman Philips moved for adoption of 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. 3341
AN ORDINANCE AMENDING ORDINANCE NO. 3329 TO CHANGE THE
ELECTION PRECINCTS FOR THE APRIL 3, 1982 ELECTION TO CONFORM
TO THE PRECINCTS DRAWN BY HARRIS COUNTY FOR 1982; AND PROVIDING
FOR POSTING AND PUBLICATION OF NOTICE.
23311 -9
Minutes of 'the Regular Meeting - March 11, 1982
Receive Report of City Clerk Regarding Ballot Distribution
for Each Precinct
Article 6.99 of the Election Code provides that the
authority responsible for furnishing ballots in an election
shall furnish each election precinct a number of ballots
sufficient to conduct the election. The manner in which
this determination is made is to consider previous elections
and estimate the number of ballots needed. After that
determination is made, that information must be recorded in
the official minutes of the governing body. A memorandum
from the City Clerk was included in the Council packet which
sets forth the proposed ballot distribution for each precinct.
A copy of that memorandum is attached to the minutes as
Attachment "A."
Consider Proposed Ordinance, Amending Chapter 27, "Subdivisions,"
to Allow for Dedication of Drainage Facilities at the
City's Option
Council was furnished with a copy of the proposed
wording for the ordinance in the preface to the Council
agenda. This proposed change was recommended by the Baytown
Planning Commission. When the flood management ordinances
were passed, one of the options that the developer was given
was the option of constructing retention or detention ponds.
This was not an absolute requirement, but one of the things
that could be done to comply with the provisions of the
ordinances. The question has now arisen as to where the
responsibility for maintenance will rest. The Administration
called attention to an article in the Public Works Magazine
dated January, 1982 on this subject which describes the
experience in Atlanta, Georgia. Detention basins in Atlanta
have been required for the last ten years. After ten years
experience, the governmental entities have discovered that
without placing a definite responsibility for the maintenance
of the basins creates problems. The article also indicated
that in recent years, local governments had begun to accept
the responsibility. The Administration expressed the feeling
that for the long term the only way that the community could
be assured that these retention basins are properly maintained
is for the city to take some responsibility. The proposed
ordinance gives the city the responsibility of maintenance,
but at the same time, provides for certain requirements that
the developers must meet in order to make that job easier.
The ordinance is written in such a manner that the city has
the option to accept or disapprove acceptance of these
retention basins. There could be cases where a subdivision
is built with the retention pond being a part of the subdivision
in terms of asthetics. Conceivably there could be a subdivision
with a lake in the center that would be utilized for boating
or fishing. In that instance, the city may want to disapprove
acceptance of the facility. A problem could develop in
future years if the question of maintenance is not resolved.
One subdivision is now being constructed in which the
original plan called for the retention pond to be in the
back of the lots with the ownership of the pond being with
the separate property owners. To expect those people to
maintain a portion of the pond is not realistic. Another
question that has been raised is if this is for the benefit
of the subdivider why should he not take the responsibility?
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Minutes of the Regular Meeting - March 11, 1982
The ordinance is designed to benefit the subdivider, but it
is also designed to benefit others in the city -- persons who
might be flooded if it were not for this requirement.
Secondly, the subdivider sells the lots and he is no longer
involved in the subdivision. Therefore, to expect that the
subdivider would own the retention pond and that he and his
heirs would maintain that pond is not realistic.
Another option that would be available to a subdivider
located near Goose Creek Stream or another stream is to
enlarge the stream so that it becomes the holding pond. In
that case, either the city or flood control is responsible
for it.
The planning commission did recommend approval and
although this would be the city assuming an additional
responsibility, the Administration concurred with that
recommendation.
In response to an inquiry from Council, Bill Cornelius,
Director of Planning, explained that the plans for the
retention area itself would be submitted as part of the
engineering plans. That step is between preliminary and
final approval.
Council expressed concern that the city would be covered
with retention ponds in the next ten years which would
produce safety and health hazards and be an increased tax
burden.
Councilman Cannon stated that while talking about
drainage recently, he had discovered that behind McCoy's on
Ward Road, there is a lake next to the railroad tracks. He
requested that the Administration make a determination as to
whether that problem can be remedied.
Councilman Philips reminded Council that in the not so
distant past, Baytown was suffering from extensive flooding
and that the drainage ordinances were adopted to help alleviate
that problem. The citizens of Baytown must pay what it
costs to deal with heavy rains in Baytown.
Councilman Cannon and Fuller indicated that they were
not suggesting that drainage should not be a prime consideration.
They were simply saying that the problem should be attacked
in the most economical and feasible manner for the long-
term.
Councilman Philips pointed out that no better solution
had been devised, but something had been devised which the
city had been working with for a period of time. The ordinances
which were adopted had not caused problems to date. The
problems that the drainage basins will cause is not insurmountable.
The city is currently taking care of weeds, undergrowth and
problems of drainage ditches.
Mayor Hutto stated that the only problem he had with
the proposed ordinance is that the developer will not know
whether he will be charged with the maintenance of the
facility until final acceptance of the plat.
Mr. Lanham mentioned that the ordinance does not require
retention ponds. What is required is that runoff be controlled
and there are other ways to accomplish that. However, in most
cases this solution is the most economical for the developer.
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Minutes of the Regular Meeting - March 11, 1982
Councilman Philips emphasized that bond issue after
bond issue is passed to go back and remedy drainage problems
in subdivisions that were improperly prepared.
Mayor Hutto pointed out that realistically the city is
equipped to better handle maintenance of these facilities.
Neither homeowners associations nor developers are equipped
to handle maintenance of these facilities; therefore the
city should have the responsibility of maintenance.
Councilman Philips moved to adopt the ordinance in the
light that it fits with the needs of the city and puts the
responsibility where it has to be for the future; Councilman
Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller
Mayor Hutto
Nays: Councilman Cannon
ORDINANCE NO. 3342
AN ORDINANCE AMENDING CHAPTER 27, "SUBDIVISIONS" OF THE CODE
OF ORDINANCES OF THE CITY OF BAYTOWN BY ADDING A SUBSECTION
REGARDING THE DEDICATION OF DRAINAGE STRUCTURES; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance, Authorizing Contract with
Harris County to Provide Fire Protection to Unincorporated
Areas
This contract is considered on an annual basis. The
proposed contract covers the year beginning in March, but
payment is based on the number of calls made last year.
Last year, the City of Baytown responded to 71 calls in
county. Utilizing the county formula which has been increased
a small amount each year, the city would receive $7,455.
Baytown responded to 3 structural fires, 37 non - structural
(grass fires), 26 emergency calls and 5 mutual aid calls.
The county utilizes this formula throughout the county. The
Administration feels that the city should continue to urge
the county to appropriate more money toward this service,
but the city is being treated in the same manner as other
cities throughout the county; therefore, the Administration
recommended approval of the proposed contract.
A policy has been established that the city furnishes
one paid person on the fire truck that goes into the county.
The Administration suggested that that policy be changed so
that in addition to the driver, the captain on duty will
also be in attendance. There is some danger to one person
being at a fire; therefore, the Administration recommended
approval of the ordinance and the change in policy that
would permit the captain on duty, in addition to the driver
to respond to fire in county.
Councilman Johnson moved to adopt the ordinance and
authorize the change in policy as recommended by the Administration;
Councilman Philips seconded the motion. The vote follows:
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Minutes of the Regular Meeting - March 11, 1982
Ayes: Council members Philips, Johnson, Fuller and
Cannon
Mayor Hutto
Nays: None
Abstained: Councilman Simmons
ORDINANCE NO. 3343
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A
CONTRACT WITH HARRIS COUNTY WITH REGARD TO PROVIDING FIRE
FIGHTING AND FIRE PROTECTION SERVICES TO UNINCORPORATED
AREAS OF HARRIS COUNTY AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Consider Proposed Ordinance, Authorizing Participation
Before Public Utility Commission Regarding General
Telephone Company of the Southwest Rate Request
This ordinance would authorize the city to participate
with other Texas cities that are served by General Telephone
before the Public Utility Commission regarding the telephone
company's rate request. The cities would join to employ qtr.
Butler who has represented the cities in the past and Touche
Ross to analyze the rate request and present the cities'
case before the PUC. Cities participating are asked to
contribute $ .15 per capita based on most recent population
figures which would be $8,538.45 for Baytown. Council had
been furnished with information regarding the rate request.
Mr. W. E. Wilson, Division Manager for General Telephone
Company of the Southwest, addressed Council regarding improvements
that General Telephone Company is implementing. On March
27, 23,000 GTE customers will begin to be served by the
newest and latest technology that can be obtained in electronic
switching. Along with this implementation, the company has
instituted other steps to improve the service level in
Baytown and the surrounding communities. The people who are
not served directly by the switch will benefit by the switch
because all their out-of-exchange calls and toll calls will
be handled by new electronic equipment in the central office.
The 424 exchange will be on the new system in 1984. The
pressurization program has been completed, as well as restoration
of cables. Mr. Wilson ended his presentation by stating
that the company is in great need of a rate increase. The
company's rates since 1976 have only increased twenty -two
(221,o) percent while gasoline has increased one hundred
fifty -eight (15870) percent, electricity and natural gas have
increased approximately eighty -two (8270) percent.
Mayor Hutto stated that Council is mindful of improvements
in the system and services provided by the company and any
action that Council might take would be no reflection on Mr.
Wilson or the employees of General Telephone.
Randy Strong, City Attorney, explained that GTE has
divided the basic monthly charge into two components: one
representing the cost for local service and the other representing
the cost of extended area service (EAS). Mr. Strong explained
in detail how costs for residential and business phones would be
20311 -13
Minutes of the Regular Meeting - March 11, 1982
derived under the proposed rate request which would ulti-
mately result in a cost of $20.85 for one party residential
and a cost of $51.65 for one party business.
The proposed ordinance will provide for the city's
share of cost to have Touche Ross look at the request made
by General Telephone and make a recommendation back and act
as expert witness in any hearings. The request for rate
increase is a state -wide request. Therefore, there is no way that
Baytown can be removed and studied independently. The city
staff does not possess the expertise necessary to do this.
Therefore, if Baytown is to have a role in studying and
reacting to the proposed rate increase, this is the route
that should be taken.
Councilman Simmons moved to adopt the proposed ordinance;
Councilman Fuller seconded the motion.
Council emphasized that this step was necessary to
assure the taxpayers of Baytown that the requested rate
increase is warranted and this same procedure was followed
when Houston Lighting and Power made its rate request. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3344
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXPEND EIGHT THOUSAND
FIVE HUNDRED THIRTY EIGHT & 45/100 ($8,538.45) DOLLARS AS
THE CITY'S COST OF INTERVENTION BEFORE THE TEXAS PUBLIC
UTILITIES COMMISSION REGARDING GENERAL TELEPHONE COMPANY'S
REQUEST FOR RATE INCREASE AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.
Consider Proposed Ordinance, Amending Wrecker Ordinance to
Provide Maximum Fee for Dolly and Motorcycle Tows
The Auto Wrecker Committee has recommended changing the
present wrecker ordinance to provide for a charge not to
exceed $65.00 when dolly wheels are required in a tow and a
maximum charge for any and all tows from the scene of accident
within the city limits of $85, not including transfer fees.
Presently, the ordinance provides that when a dolly pull is
required the $65 charge is the only charge that may be
assessed, but in the event of other tows, the ordinance
provides for a maximum of $85. Therefore, this amendment
would provide for a charge not to exceed $65 for a dolly tow
and the wrecker owner /operator would be allowed an additional
labor charge which charge is provided for in the ordinance.
The other change will provide a charge not to exceed $65 to
tow a motorcycle when it is necessary that it be suspended.
Chief Henscey explained that the wrecker owner /operators
are requesting an increase from $45 to $65 for towing motor-
cycles due to the fact that in a couple instances when painting
on motorcycles was ruined, the wrecker owner /operator had to
20311 -14
Minutes of the Regular Meeting - March 11, 1982
have the vehicle repainted. Therefore, the wrecker owner /operators
have devised a harness -type device to use when towing motorcycles
in order to avoid damage to the paint.
Mr. Lanham stated that the reason for the recommended
change is that there is a $65 limitation if a dolly tow
is required, while there is not the same type limitation if
no dolly is required.
Council expressed concern with the requested increase
in that approximately one year ago an increase was granted.
This request represents a fifty (50 %) percent increase on
motorcycle tows and a thirty (30 %) percent increase on the
other item. Therefore, Council requested that the Administration
ask someone on the Auto Wrecker Committee to be present at
the next regular Council meeting to discuss this item.
Consent Agenda
The Administration requested that the Item No. j,
awarding annual oil and grease contract, be removed from the
consent agenda and consideration. Due to an error in computation,
the Administration was not prepared to discuss the item.
The Consent Agenda was then considered as forwarded to
Council with the packet information as follows with the
exception of Item No. j:
a. Proposed Resolution No. 803, will authorize
application to the Texas Criminal Justice Council
for the continuous operation of the Harris County
Organized Crime Control Unit. This unit has been
in existence since January of 1972. she Unit
addresses the organized crime element involving
fences, bookmaking, auto theft rings, burglary and
theft rings, narcotics, prostitution and white
collar crime.
We recommend approval of Proposed Resolution No.
803.
b. Proposed Ordinance No. 20311 -7, will award the
contract for the rehabilitation of the residence
at 714 Willow Street. Five (5) bids were received.
Harris County Constructors submitted the low bid
of $6,107.
We recommend the low bidder, Harris County Constructors,
be awarded this contract.
C. Proposed Ordinance No. 20311 -8, will award the
contract for lot mowing. Six (6) bids were received.
The low bid calculated on minimum charge per lot
is B & B Services. The low bid calculated on
mower and driver per hour is Stan Edmonson. Based
upon last years activity (78% expended through
hourly charges and 2276 in lot charges) calculated
at current bid prices we would pay Stan Edmonson
$8,720 and B & B Services $8,750.
We recommend Stan Edmonson be awarded this contract.
20311 -15
Minutes of the Regular Meeting - March 11, 1982
d. Proposed Ordinance No. 2031.1 -9, will authorize the
final payment to Bo -Hac Contractors for the 1981
Street Improvement Program. The original contract
was for the sum of $314,674.25. Three change
orders were issued totaling $75,373.50 ($390,047.75
value of adjusted contract). The total work
performed to date is in the amount of $364,588.48
representing an underrun of $25,459.32. The
contractor, Bo -Mac Contractors, Inc. of Beaumont,
has been paid $326,959.59. The final payment is
$37,628.34.
The City's Engineering Department has inspected
the 1981 Street Improvement Program and has found
that it was constructed in accordance with the
plans and specifications.
We recommend final payment to Bo -Mac Cotractors,
Inc.
e. Proposed Ordinance No. 20311 -10, will award the
bid for a hi- pressure hot water washer. Seven (7)
bids were received. Baytown's Oil Sales submitted
the low bid of $2,899.95. Council budgeted $4,000
for this item.
We recommend the low bidder, Baytown Oil Sales, be
awarded this bid.
f.. Proposed Ordinance No. 20311 -11, will award the
bid for carpeting of the Municipal Courtroom and
office. Four (4) bids were received. Lynchburg
Carpets and Interiors submitted the low bid of
$1,947.52. Council has budgeted $2,441 for this
project.
We recommend the low bidder, Lynchburg Carpets and
Interiors, be awarded this bid.
g. Proposed Ordinance No. 20311 -12, will award the
bid for annual ready mix concrete contract -
delivered. Three (3) bids were received. Texas G
& B Concrete submitted the low bid of 49.95 per
yard. Council budgeted this item at $50 per yard.
We estimate we will use 300 yards of this concrete.
We recommend the low bidder, Texas G & B Concrete,
be awarded this bid.
h. Proposed Ordinance No. 20311 -13, will award the
bid for the annual asbetos cement pipe contract.
Three (3) bids were received. Western Pipe &
Supply submitted the low bid of $11,356.32.
Council budgeted $12,000 for this item.
We recommend the low bidder, Western Pipe & Supply
be awarded this contract.
i. Proposed Ordinance No. 20311 -14, will award the
bid for the purchase of signal heads. Two (2)
bids were received. Signal Engineering Company
submitted the low bid of $2,080. Council budgeted
$2,200 for this product.
We recommend the low bidder, Signal Engineering be
awarded this contract.
20311 -16
Minutes of the Regular Meeting - March 11, 1982
Councilman Johnson moved for adoption of the Consent
Agenda Item No. a through i; Councilman Simmons seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 803
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE ^'
COUNCIL FOR THE CONTINUED OPERATION OF THE HARRIS COUNTY
ORGANIZED CRIME CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF. (Proposed Resolution No. 803.)
ORDINANCE NO. 3345
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT NO. 80 -03 -15 TO HARRIS COUNTY CONSTRUCTION
FOR THE SUM OF SIX THOUSAND ONE HUNDRED SEVEN & N01100
($6,107.00) DOLLARS. (Proposed Ordinance No. 20311 -7.)
ORDINANCE NO. 3346
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A
CONTRACT FOR MOWING SERVICES; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF. (Proposed Ordinance No. 20311 -8.)
ORDINANCE NO. 3347
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO BO -MAC CONTRACTORS
FOR THE 1981 STREET IMPROVEMENT PROGRAM; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 20311 -9.)
ORDINANCE NO. 3348
AN ORDINANCE ACCEPTING THE BID OF BAYTOWN OIL SALES FOR THE
PURCHASE OF A HI- PRESSURE HOT WATER WASHER AND AUTHORIZING
THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND
EIGHT HUNDRED NINETY NINE & 95/100 ($2,899.95) DOLLARS.
(Proposed Ordinance No. 20311 -10.)
ORDINANCE NO. 3349
AN ORDINANCE ACCEPTING THE BID OF LYNCHBURG CARPETS & INTERIORS
FOR THE PURCHASE OF CARPETING FOR THE MUNICIPAL COURT AND
AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF
ONE THOUSAND NINE HUNDRED FORTY SEVEN & 52/100 ($1,947.52)
DOLLARS. (Proposed Ordinance No. 20311 -11.)
ORDINANCE NO. 3350
AN ORDINANCE ACCEPTING THE BID OF TEXAS G & B CONCRETE FOR
THE ANNUAL READY MIX CONCRETE CONTRACT AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FOURTEEN THOUSAND
NINE HU14DRED EIGHT FIVE & N01100 ($14,985.00) DOLLARS.
(Proposed Ordinance No. 20311 -12.)
20311 -17
Minutes of the Regular Meeting - March 11, 1982
ORDINANCE NO. 3351
AN ORDINANCE ACCEPTING THE BID OF WESTERN PIPE & SUPPLY FOR
THE ANNUAL ASBESTOS CEMENT PIPE CONTRACT AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ELEVEN THOUSAND
THREE HUNDRED FIFTY SIX & 32/100 ($11,356.32) DOLLARS.
(Proposed Ordinance No. 20311 -13.)
ORDINANCE NO. 3352
AN ORDINANCE ACCEPTING THE BID OF SIGNAL ENGINEERING CO. FOR
THE PURCHASE OF SIGNAL HEADS AND AUTHORIZING THE PAYMENT BY
THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND EIGHT &
N01100 ($2,080.00) DOLLARS. (Proposed Ordinance No. 20311 -14.)
For bid tabulations, see Attachment "B" through "H"
respectively.
Consider Appointment Oy Auditor for 1981 -82 Fiscal Year
The audit committee which consisted of Council members
Johnson, Cannon and Simmons recommended the appointment of
Gerace, Hullum and Start as auditors for the 1981 -82 fiscal
year. The committee will meet with Mr. Start at a future
date to set forth guidelines for implementation or deletion
of recommendations made in the annual audit report. Councilman
Johnson moved that the recommendation of the committee be
accepted; Councilman Simmons seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
Consider Designation of Employee or Officer to Calculate
"Effective Tax Rate" for Truth in Taxation Purpose's
The Administration recommended that the Director of
Finance be designated to calculate the "Effective Tax Rate"
for Truth in Taxation purposes.
Councilman Philips moved that Pat Tobin, Director of
Finance, be designed to calculate the "Effective Tax Rate"
for Truth in Taxation purposes; Councilman Fuller seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Cannon
Mayor Hutto
Nays: None
Councilman Cannon requested that the Administration
contact highway department representatives to request that
some resurfacing work be performed on Highway 146 near Fayle
Street. The center lane is in a deteriorated state.
20311 -18
Minutes of the Regular Meeting - March 11, 1982
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
-2 0 - P. 0-�L'�
Eileen P. Hall, City Clerk
Attachment "A"
Total ballots ordered equal 3,900. For the last
three municipal elections, the following votes were cast. .
1979 996
1980 2,6 .34
1981 1,397
Eileen Hall, City Clery
MEMORANDUM
TO:
Honorable Mayor and City Council
FROM:
Eileen Hall, City Clerk
SUBJECT:
Distribution of ballots
DATE:
March 9, 1982
Ballots for April 3, 1982 Municipal Election
Election
have been ordered for distribution as follows:
a. Precinct No. 12 & 533 -
250
b. 13
- 200
C. 28
- 350
d. 99
- 250
e. 100
- 250
f. 101
- 150
g. 102
- 150
h. 149
- 300
i. 165
- 350
J. 248
- 100
k. 249 & 532
- 350
1. 336
- 250
M. 414
- 250
n. 456
- 250
o. Absentee
- 200 Personal appearance
P. Absentee
- 50 Mail
q. Reserve
- 200
Total ballots ordered equal 3,900. For the last
three municipal elections, the following votes were cast. .
1979 996
1980 2,6 .34
1981 1,397
Eileen Hall, City Clery
- PAGE 2 of 2 -
-L �.����; .....r �n� -.�nrT -- - -- - E31D TA BULATI DN
/� N822 -53
i' 1 � .�VaLO • -
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T'L; February 17, 1982 930 a.m.
� PARRINO
i DESCRIPTION .UNIT
LAWN
EXTENDED
Unrl �
IXTENDEO
UN1
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h10TOR � DRIVER PER HOUR
$15.00
1 MINIMUM CHARGE PER LOT
$25.00
r
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TOTAL:
!
' $40.00
•,
EQUIPMENT -TRACTOR FORD 78
Diesel
60 HP
INTERNATI
NAL
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i
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I Diesel 12 NP
K S S TRI ALL -PUSH
MOWERS � •
i Baytown, exas
MAILED 13 BID PACKETS TO VENDORS
- - - - -_
GROSS TOTAL •
LESS DISC.
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'j"L�.O�HI- PRESSURE HOT WATF�.R WASH_ -__ PAGE 2 OF 2 �!D TA�UL.ATION
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,�� �. February 26, 1982 9:30 a.m.
"°'� blALTOtv-TRtANG E � _
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1 Ht- PPESSURE HOT WATER WASHER $2,899.95 $3,770.00 $3,220.00 � 1
. � {
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MODEL: Whltco 4615 FFP 1500 Whitco�4615 S
r' i
t ° DELIVERY: 3�DAYS 6-8 WEI KS 14 DAYS
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DATE `'�'
i � � V � v.� ! � V • r
B1D TABULATION
ITEM
QTY
DESC R 1 PT10N
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uNlr ExrEivo�o
Ed Shook
_ Pros_per Broth.
UNIT fX�`EN�j�
Barris County
Staff Rstimate
Urr17 E'X��NOEO
UNIT
EXrFN0E0
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Reha.Uilitation Project
SO -03 -1�
7,388.00
6,300.00
?,600.00
6,10 ?.00
6,300.00
1
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GROSS TOTAL
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•� NET TOTAL
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11�...�:
LOT MOWING CONTRACT PAGE 1 of TWO
ilo: '; �1-
�l�T�; � February 17;198,30 a:m._ __
�Ma ��.�,�.� a� �as�amroa+ir+� • utrsa w..eaa ac..a��a+rs+•��
CHARLES A. PUTMAN 1 1 I SMITH TRACTOR .SERVICE B 6 B SERV I CES _ .. _ STAN _F,.pM .NS9N __ __ .,ACI:_ C� fAU: L�1,S..._,. ,
' Ur�t7 EXTENDED UNIT F.XTEPIpE'�D UNi7' j�EX�i'E "NU�O iitllT E;C;c��r�c0 U��:7 � �x'c���UEL
� rr r-r � f a �^ a rc ^a�r•� pper�"
$25.00 -
525.00 S1S.40 f $15.00 ' $22.50
$35.00 575.00 $15.90 � 517.00 530.00
�-
1
560.00
� $100.00 � $31.30 532.00 $52.50
l � ! 1 �
1975 FORD 3400 FORD 410 1977 JOIN DEERE 820 1976 ClSE 1973 JO N DEERE
Diesel 34 HP Diesel 5 HP Diesel 6 HP Diesel 43 HP 2030
'��lndustria Model Diesel 0 HP
1980 FO D 3600 1972 I TERNATIONAL 1H HYDR 84 1981
Diesel 0 HP .Diesel 38 HP Diesel 8 HP
i � 1973 IN ERNATIONAL i 6' BRUSH HOG
t Diesel 5 HP � 1
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803 Jones�Rd. Baytown, Texas Rpute 2 Baytown, Texas Baytown, Texas
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1 MINIMUM CHARGE PER LOT
1
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TOTAL:
MAILED 13 B1D PACKETS TO VENDORS
GROSS TOTAL
LESS DISC.
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T�� C
�. N822 -54
��- �'. February 25, 1982 930 a.m.
GI7'� C�� t3���-0� �d
f31D TA BJLATI DN
LYNCH8URG CARPETS E A_} HOME IMPROVEMENTS CART 0 CARPET TOWN INC.
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F MUNICIPAL COURT ROOM 510.86 $673.32 $992.00 53,59}.00 I{ 5961.85 i
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�, 118 yds. i CARPETING OF COURT SUPERVISOR'S $}0.86 $1274.20 � $2,222.00 '$2,01.87
AND CLERICAL STAFF OFFICES # ;
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w� TOTAL BID: 1$1,947•5� � 53,214.00 i53,591.ao ',S3,o13.72
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SIGNAL NEAOS '
L�� 822 -56
�� �� Feb. 23, 1982 9:30 a.m.
Tr= .
"�i QTY D�SCR1PT14N
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IO Signal Neads
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{31D TABULATION .
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Traffic & Transpor Signal Engineer. _
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