1982 05 27 CC Minutes20527 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 27, 1982
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, May 27, 1982, at 6:30 p.m. in
the Council Chamber of the Baytown City Hall with the
following attendance:
Fred T. Philips
Perry M. Simmons
Mary E. Wilbanks
Roy L. Fuller
Absent: Allen Cannon
Jimmy Johnson
Absent: Emmett 0. Hutto
Fritz Lanham
Randy Strong
Eileen P. Hall
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor Pro Tempore
? Mayor
City ?:?anager
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:
Receive and Open Bids for $4,800,000 Permanent Improvement
Bonds, Series 1982; Consider and if Deemed Advisable
Adopt Proposed Ordinance, Authorizing Issuance of $4,800,000
Permanent Improvement Bonds, Series 1982, and Containing
Other Provisions Related Thereto
Tom Masterson with the firm of Underwood, Neuhaus &
Co., Inc., financial advisors to the City of Baytown, was
present with two bids.
Councilman Philips moved that Council open the bids;
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Wilbanks
and Fuller
Mayor Pro Tempore Johnson
Nays: None
Mr. Masterson explained that he had in his possession
two Good Faith Checks drawn on two banks in Austin which
could be used by the successful bidder. The bidding conditions
require that the coupon spread between the highest and
lowest coupon must be 1� %. The bids were opened and read as
follows:
Republic National Bank of Dallas
MATURITY RATE
2/1/84 -87
11.200
2/1/88
10.625
2/1/89 -90
9.700
2/1/91 -92
10.000
2/1/93
10.400
2/1/94 -95
10.750
2/1/96
11.00
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20527 -3
CERTIFICATE FOR ORDINANCE
THE STATE OF TEXAS §
COUNTIES OF HARRIS AND CHAMBERS §
CITY OF BAYTOWN §
We, the undersigned officers of the CITY OF BAYTOWN, TEXAS (the
"City "), hereby certify as follows:
1. The City Council of the City convened in regular meeting on
the 27th day of May, 1982, at the regular meeting place thereof, within
the City, and the roll was called of the duly constituted officers and
members of the City Council and the City Clerk, to -wit:
Emmett O. Hutto
Jimmy Johnson
Perry M. Simmons
Allen Cannon
Mary E. Wilbanks
Roy L. Fuller
Fred T. Philips
Eileen P. Hall
Mayor
Mayor Pro Tem
Council Member
Council !Member
Council Member
Council Member
Council Member
City Clerk
and all of said persons were present, except the following absentees:
Unynr Hutto and Councilman Cannon , thus constituting a quorum.
Whereupon, among other business, the following was transacted at said
meeting: a written
ORDINANCE AUTHORIZING ISSUANCE OF $4,800,000
PERMANENT IMPROVEMENT BONDS, SERIES 1982; APPROPRIATING
$4,800,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS
PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO
(the "Ordinance ") was duly introduced for the consideration of the City
Council and read in full. It was then duly moved and seconded that the
Ordinance be adopted; and, after due discussion, said motion, carrying
with it the adoption of the Ordinance, prevailed and carried by the fol-
lowing vote:
AYES: All members of the City Council shown present above
voted "Aye ".
NAYS: None.
2. That a true, full and correct copy of the Ordinance adopted at
the meeting described in the above and foregoing paragraph is attached to
and follows this certificate; that the Ordinance has been duly recorded
in the City Council's minutes of said meeting; that the above and fore-
going paragraph is a true, full and correct excerpt from the City Council's
minutes of said meeting pertaining to the adoption of the Ordinance; that
the persons named in the above and foregoing paragraph are the duly chosen,
qualified and acting officers and members of the City Council as indicated
therein; that each of the officers and members of the City Council was
duly and sufficiently notified officially and personally, in advance, of
the date, hour, place and subject of the aforesaid meeting, and that the
"^ Ordinance would be introduced and considered for adoption at said meeting,
and each of said officers and members consented, in advance, to the
holding of such meeting for such purpose; that said meeting was open to
the public as required by law; and that public notice of the date, hour,
place and subject of said meeting was given as required by Vernon's
Article 6252 -17, as amended.
SIGNED AND SEALED this 27th day of May, 1982.
City Clerk Mayor
(SEAL)
20527 -4
ORDINANCE NO. 3391
ORDINANCE AUTHORIZING ISSUANCE OF $4,800,000
PERMANENT IMPROVEMENT BONDS, SERIES 1982; APPROPRIATING
$4,800,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS
PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO
THE STATE OF TEXAS §
COUNTIES OF HARRIS AND CHAMBERS §
CITY OF BAYTOWN §
WHEREAS, the bonds hereinafter authorized were duly and
favorably voted at an election held in the City of Baytown,
Texas (the "City "), on the 9th day of June, 1981; and
WHEREAS, the City Council now deems it advisable to issue,
sell, and deliver $4,800,000 bonds for the purposes shown in
the following schedule as a portion and the second installment
of $23,290,000 bonds voted at said election:
$23,290,000 $2,000,000
Amount
Amount
Unissued
Amount
Previously
Purpose
Authorized
Issued
Waterwks. Sys.$
3,540,000
$ 200,000
San. Sew. Sys.
6,340,000
1,150,000
Drainage
4,000,000
170,000
Streets
4,940,000
-0-
Fire Station
2,180,000
230,000
Parks
2,290,000
250,000
$23,290,000 $2,000,000
Amount
Being
Unissued
Issued
Balance
$ 400,000
$ 2,940,000
-0-
5,190,000
-0-
3,830,000
3,800,000
1,140,000
-0-
1,950,000
600,000
1,440,000
$4,800,000
$16,490,000
WHEREAS, the City Council has determined that the remaining
$16,490,000 authorized bonds may be issued, sold, and delivered
at a later date; and
WHEREAS, the City Council has caused a notice of sale of
such bonds to be published in the TEXAS BOND REPORTER which
is a publication carrying municipal bond notices and devoted
primarily to financial news and in the BAYTOWN SUN which is
the official newspaper of the City, said notice having been
published in each said publication at least ten days prior to
the date set for the sale of said bonds; and
WHEREAS, bids have been received pursuant to said publi-
cations of said notice and the City Council desires to au,:tio•-
rize the issuance of said bonds and award the sale thereof j-1
the basis of the best bid received;
20527 -5
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF BAYTOi•JN THAT:
Section 1(a). The ordinance heretofore adopted by the
City Council on the 14th day of May, 1981, authorizing the
issuance of the bonds described in the preamble of this ordi-
nance and calling an election therefor is hereby.in all things
ratified and confirmed.
Section 1(b). All the matters and facts recited in the
preamble hereof are hereby officially found to be true and
correct.
Section 2. The City's negotiable, serial, coupon bonds
to be designated CITY OF BAYTOWN, TEXAS, PERMANENT IMPROVEMENT
BONDS, SERIES 1982 (hereinafter called the "Bonds "), are hereby
authorized to be issued and delivered in the aggregate prin-
cipal amount of $4,800,000 for the following purposes:
(1) $400,000 for constructing improvements to
the City's waterworks system;
(2) $3,800,000 for constructing permanent street
improvements for the City; and
(3) $600,000 for purchasing and /or improving
lands for park purposes for the City.
Section 3. The Bonds shall be dated June 1, 1982, shall
be numbered consecutively from 1 through 960, and shall be in
the denomination of $5,000 each, and shall mature serially on
February 1 of each of the years, and in the amounts, respec-
tively, as set forth in the following schedule:
YEAR
AMOUNT
1984
$200,000
1985
225,000
1986
250,000
1987
275,000
1988
300,000
1989
350,000
1990
375,000
YEAR
A14OUNT
1991
$400,000
1992
450,000
1993
475,000
1994
500,000
1995
500,000
1996
500,000
The Bonds may be redeemed prior to their scheduled maturities,
at the option of the City, on the dates stated and in the man-
ner provided in the FORM OF BOND set forth in this ordinance.
-2-
20527 -6
Section 4. The Bonds shall bear interest per annum at
the following rates, respectively, to -wit:
Bonds maturing 1984 through 1988, 11.50 %
Bonds maturing 1989 through 19 10.50 % -
Bonds maturing 1990 through 19_, 10.00 %
Bonds maturing 1992 through 19`, 10.20 %
Bonds maturing 1993 through 19_, 10.25 . $
Bonds maturing 1994 through 19_, 10.50
Bonds maturing 1995 through 19_01 10.75
Bonds maturing 1996 through 19_, 10.00
evidenced by interest coupons which shall appertain to the
Bonds and which shall be payable on the dates indicated in
the FORM OF BOND set forth in this ordinance.
Section 5. The Bonds, and the interest coupons apper-
taining thereto, shall be payable,•shall have the character-
istics, and shall be signed and executed (and the Bonds shall
be sealed), all as provided and in the manner indicated in
the FORM OF BOND set forth in this ordinance.
Section 6. The form of the Bonds, including the form of
registration certificate of the Comptroller of Public Accounts
of the State of Texas to be printed and endorsed on each of
the Bonds, and the form of the aforesaid interest coupons
which shall appertain and be attached initially to each of the
Bonds, shall be, respectively, substantially as follows:
FOR14 OF BOND:
NO. $5,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF HARRIS AND CHA39BERS
CITY OF BAYTOWN, TEXAS
PERMANENT I_dPROVEMENT BOND
SERIES 1982
ON FEBRUARY 1, 19 , the CITY OF BAYTOt:rli (the "City ") ,
-3-
20527 -7
in the Counties of Harris and Chambers, in the State of Texas,
promises to pay to bearer the principal amount of
FIVE THOUSAND DOLLARS
and to pay interest thereon, from the date hereof, at the rate
of % per annum, evidenced by interest coupons payable
February 1, 1983, and semiannually thereafter on,each August 1
and February 1 while this Bond is outstanding. The principal
of this Bond and the interest coupons appertaining hereto shall
be payable to bearer, in lawful money of the United States of
America, without exchange or collection charges to the bearer,
upon presentation and surrender of this Bond or proper interest
coupon at the CITIZENS BANK & TRUST CO. OF BAYTOWN, Baytown,
Texas, which shall be the paying agent for this series of Bonds.
THIS BOND is one of a series of negotiable, serial, cou-
pon bonds, dated June 1, 1982, numbered consecutively from
1 through 960, in the denomination of $5,000 each, issued in
the aggregate principal amount of $4,800,000 for the following
purposes:
(1) $400,000 for constructing improvements to
the City's waterworks system;
(2) $3,800,000 for constructing permanent street
improvements for the City; and
(3) $600,000 for purchasing and /or improving
lands for park purposes for the City;
in accordance with Chapters 1 and 7 of Title 22, Revised Civil
Statutes of Texas, as amended, and pursuant to an election held
within the City on the 9th day of June, 1981, and authorized
pursuant to an ordinance duly adopted by the City Council of
the City entitled ORDINANCE AUTHORIZING ISSUANCE OF $4,800,000
PERMANENT IMPROVEMENT BONDS, SERIES 1982; APPROPRIATING
$4,800,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS;
AND CONTAINING OTHER PROVISIONS RELATING THERETO and finally
passed on the 27th day of May, 1982, this Bond being one of a
series of Bonds which constitutes a portion and the second in-
stallment of $23,290,000 bonds voted at the aforesaid election.
-4-
20527 -8
ON FEBRUARY 1, 1991, OR ON ANY INTEREST PAYMENT DATE THERE-
AFTER, the outstanding Bonds of this series may be redeemed
prior to their scheduled maturities, at the option of the City,
IN WHOLE, OR IN PART IN INVERSE NUMERICAL ORDER, for the prin-
cipal amount thereof and accrued interest thereon to the date
fixed for any such redemption. At least thirty days prior to
the date fixed for any such redemption, the City shall cause
a written notice of such redemption to be mailed to the bank
at which the Bonds are payable and published at least once in
a financial publication published in the City of New York,
New York, or in the City of Austin Texas. By the date fixed
for any such redemption, due provision shall be made with the
paying agent for the payment of the required redemption price.
If such written notice of redemption is published and if due
provision for such payment is made, all as provided above, the
Bonds which are to be so redeemed thereby automatically shall
be redeemed prior to their scheduled maturities; and they shall
not be regarded as being outstanding except for the purpose of
being paid by the paying agent with the funds so provided for
such payment.
IT IS HEREBY certified, recited, and covenanted that this
Bond has been duly and validly voted, authorized, issued, and
delivered; that all acts, conditions, and things required or
proper to be performed, exist, and be done precedent to or in
the issuance and delivery of this Bond have been performed,
existed, and been done in accordance with law; and that annual
ad valorem
taxes
sufficient
to provide
for
the payment of the
interest on
and
principal of
this Bond,
as
such interest comes
due and such principal matures, have been levied and ordered to
be levied against all taxable property in the City and have been
pledged for such payment within the limits prescribed by law.
IN WITNESS WHEREOF, this Bond and the interest coupons ap-
pertaining hereto have been signed with the facsimile signature
-5-
20527 -9
of the Mayor of the City and countersigned with the facsimile
signature of the City Clerk of the City, respectively, and the
official seal of the City has been duly impressed, or placed
in facsimile, on this Bond.
COUNTERSIGNED:
xxxxxxxxxx
Mayor
xxxxxxxxxx CITY OF BAYTOWN, TEXAS
City Clerk
CITY OF BAYTOWN, TEXAS
(SEAL)
FORM OF REGISTRATION'CERTIFICATE:
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Bond has been examined, cer-
tified as to validity, and approved by the Attorney General
of the State of Texas, and that this Bond has been registered
by the Comptroller of Public Accounts of the State of Texas.
WITNESS my signature and seal this
xxxxxxxxxx
(SEAL) Comptroller of Public Accounts of
the State of Texas
FORM OF INTEREST COUPON:
NO. $
ON 1, 19—,
the CITY OF BAYTOWN, in the Counties of Harris and Chambers,
State of Texas, promises to pay to bearer the amount shown on
this interest coupon, in lawful money of the United States of
America, without exchange or collection charges to the bearer,
unless due provision has been made for the redemption prior
to maturity of the Bond to which this coupon appertains, upon
presentation and surrender of this interest coupon, at the
CITIZENS BANK & TRUST CO. OF BAYTOWN, Baytown, Texas, said
amount being interest due that day on the Bond bearing the
number - hereinafter designated of that issue of CITY OF
BAYTOWN, TEXAS, PERMANENT IMPROVEMENT BONDS, SERIES 1982,
20527 -10
dated June 1, 1982. Bond No.
xxxxxxxxxx xxxxxxxxxx
City Clerk Mayor
Section 7. A special fund or account, to be designated
the "City of Baytown, Texas, Permanent Improvement Bonds,
Series 1982, Interest and Sinking Fund" (hereinafter called the
"Interest and Sinking Fund "), is hereby created and shall be
established and maintained by the City at an official deposi-
tory bank of the City. The Interest and Sinking Fund shall
be kept separate and apart from all other funds and accounts
of the City and shall be used only for paying the interest on
and principal of the Bonds. All ad valorem taxes levied and
collected for and on account of the Bonds shall be deposited,
as collected, to the credit of the Interest and Sinking Fund.
During each year while any of the Bonds or interest coupons
appertaining thereto are outstanding and unpaid, the City
Council of the City shall compute and ascertain a rate and
amount of ad valorem tax which will be sufficient to raise
and produce the money required to pay the interest on the
Bonds as such interest comes due and to provide and maintain
a sinking fund adequate to pay the principal of the Bonds as
such principal matures but never less than 2% of the original
principal amount of the Bonds as a sinking fund each year;
and said tax shall be based on the latest approved tax rolls
of the City, with full allowance being made for tax delinquen-
cies and the cost of tax collection. Said rate and amount of
ad valorem tax are hereby levied, and are hereby ordered to be
levied, against all taxable property in the City for each year
while any of the Bonds or interest coupons appertaining thereto
are outstanding and unpaid; and said tax shall be assessed and
collected each such year and deposited to the credit of the
Interest and Sinking Fund. Said ad valorem taxes sufficient
to provide for the payment of the interest on and principal
-7-
20527 -11
of the Bonds, as such interest comes due and such principal
matures, are hereby pledged for such payment within the limits
prescribed by law.
Section 8. Immediately following delivery of the Bonds
to the purchaser thereof, the accrued interest and premium, if
any, shall be deposited in the Interest and Sinking Fund.
Section 9. There is hereby appropriated out of the proceeds
of sale of the Bonds authorized by this ordinance the following
sums for the following indicated purposes, respectively:
(1) $400,000 for constructing improvements to
the City's waterworks system;
(2) $3,800,000 for constructing permanent street
improvements for the City; and
(3) $600,000 for purchasing and /or improving
lands for park purposes for the City.
It is hereby estimated that the maximum cost, respectively,
for each of the aforesaid projects will not exceed the amount
named above for each such project, respectively; and there is
no necessity for any down payment on these projects; and no
such down payment is hereby ordered to be made. It is hereby
officially found and determined (1) that the probable period
of usefulness of each of the aforesaid projects is forty years,
and (2) that all of said projects are related projects within
the meaning of Section 61 of the Home Rule Charter of the City.
Section 10. Out of the proceeds of sale of the Bonds
authorized by this ordinance the following sums are hereby
ordered to be used and expended for the following indicated
purposes, respectively:
(1) $400,000 for - constructing improvements to
the City's waterworks system;
(2) $3,800,000 for constructing permanent street
improvements for the City; and
(3) $600,000 for purchasing and /or improving
lands for park purposes for the City;
as provided in the ordinance adopted on the 14th day of May,
1981, calling the bond election which was held in the City on
the 9th day of June, 1981.
-8-
20527 -12
Section 11. The City certifies that based upon all facts
and estimates now known or reasonably expected to be in exis-
tence on the date the Bonds are delivered and paid for, the
City reasonably expects that the proceeds of the Bonds will not
be used in a manner that would cause the Bonds or any portion
of the Bonds to be an "arbitrage bond" under Section 103(c)(2)
of the Internal Revenue Code of 1954, as amended, and the
regulations prescribed thereunder. Furthermore, all officers,
employees and agents of the City are authorized and directed to
provide certifications of facts and estimates that are material
to the reasonable expectations of the City as of the date the
Bonds are delivered and paid for. In particular, all or any
officers of the City are authorized to certify for the City the
facts and circumstances and reasonable expectations of the City
on the date the Bonds are delivered and paid for regarding the
amount and use of the proceeds of the Bonds. Moreover, the
City covenants that it shall make such use of the proceeds of
the Bonds, regulate investments of proceeds of the Bonds and
take such other and further actions as may be required so that
the Bonds shall not be "arbitrage bonds" under Section 103(c)(2)
of the Internal Revenue Code of 1954, as amended, and the regu-
lations prescribed from time to time thereunder.
Section 12. The Mayor of the City is hereby authorized
to have control of the Bonds and all necessary records and
proceedings pertaining to the Bonds pending their delivery and
their investigation, examination, and approval by the Attorney
General of the State of Texas and their registration by the
Comptroller of Public Accounts of the State of Texas. Upon
registration of the Bonds, the Comptroller of Public Accounts
(or a deputy designated in writing to act for the Comptroller)
shall fianually sign the Comptroller's Registration Certificate
prescribed herein to be printed and endorsed on each Bond; and
the seal of the Comptroller shall be impressed, or placed in
facsimile, on each of the Bonds.
20527 -13
Section 13. The Bonds are hereby sold and shall be de-
livered to UNDERWOOD, NEUHAUS & CO., INC.
for the par value thereof and accrued interest thereon to date -
of delivery, plus a premium of $ 0 subject to the un-
qualified approving opinions, as to the legality of the Bonds,
of the Attorney General of the State of Texas and of Vinson &
Elkins, Houston, Texas, market attorneys; and it is hereby
officially found, determined, and de--lazed that the Bonds are
sold on the best terms and for the best price possible.
Section 14. The approving opinion of Vinson & Elkins,
Houston,'Texas, and Cusip numbers may be printed on the back
of each of the Bonds, but errors or omissions in such opinion,
or errors in or omissions of such numbers, shall have no effect
on the validity of the Bonds.
Section 15.
The Mayor and all other appropriate officers
of the City are hereby authorized and directed to do any and
all things necessary or convenient to carry out the provisions
of this ordinance.
Section 16. This ordinance was read once by the City
Council and shall take effect immediately.
Section 17. The Official Notice of Sale, Official State-
ment and Official Bid Form submitted to the Citv Council are
hereby approved for use in connection with the solicitation
of bids for and sale and distribution of the Bonds.
Section 18. It is hereby officially found and determined
that the need of the City for such financing creates an emer-
gency and an urgent public necessity for the holding, at the
scheduled time, of the meeting of the City Council at which
this ordinance is adopted and for the adoption of this ordi-
nance; and the NOTICE OF MEETING relating to said meeting and
heretofore posted by the City Clerk, and the posting thereof,
is hereby authorized, approved, adopted and ratified.
-10-
20527 -14
PASSED, AUTHENTICATED, AND APPROVED this 27th day of
May, 1982.
ATTEST:
/s/ Eileen P. Hall
City Clerk
CITY OF BAYTOWN, TEXAS
APPROVED:
/s/ Randall B. Strong
City Attorney
CITY OF BAYTOWN, TEXAS
(SEAL)
/s/ Emmett 0. Hutto
Mayor
CITY OF BAYTOWN, TEXAS
-11-
20527 -15
Minutes of the Regular Meeting - May 27, 1982
Minutes
Councilman Simmons moved for approval of the minutes
for the regular Council meeting held ?lay 13, 1982; Councilman
Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Wilbanks
and Fuller
Mayor Pro Tempore Johnson
Nays: None
Receive Petitions
Mr. Lanham mentioned that the Administration had received
a letter which stated that 165 residents of the Lantern Park
area had signed a petition concerning the need for drainage
in the cul -de -sacs on Carriage Lane, Lantern Lane, Coachlight
Lane and Surrey Lane.
Citv Manager's Report
1982 Street Improvement Program - Council approved
plans and specifications for 1982 Street Improvement Program.
The Administration has advertised for bids and those bids
are due on June 14. Therefore, the award of this contract
should be on the agenda for the second Council meeting in
June.
Mayor's Summer Job Program - The city has received just
over $10,000 to employ young people during the summer through
the Mayor's Job Program. In addition, the Administration
has been advised that the City will have 12 CETA workers
to employ. The Mayor's Summer Job Program and the CETA
Program will be operated jointly to employ approximately 14
people to clear litter and perform work in parks.
Striping of East Texas - The Administration inquired if
Council would have any objections to the striping of East
Texas between North Main and Highway 146 for two traffic
lanes with continuous left turn. Council had no objection.
Council called attention to the fact that on Deanne
Street at the "S" curve, striping is needed. Also, on
Sterling at the "S" curve striping is needed.
Community Development (Cypress and Magnolia Streets) -
One block of the concrete pavement was poured yesterday;
approximately thirty -five (3570) percent of the project is
complete.
Sliplining in Eva Maud - The contractor pulled another
450 feet of five -inch liner. That project is about sixty
(60%) percent complete.
20527 -16
Minutes of the Regular Meeting - May 27, 1982
West District Sanitary Sewer System Improvements -
Council was furnished with a report on West District sanitary
Sewer System Improvements which furnished Council with names
of contractors, EPA grant amount, and the city's projected
share and percentage of work completed. Contract No. 1 is
eighty -four (84%) percent complete with fifty -eight (580)
percent of the time expended. Contract No. 2 is twenty -nine
(295;;) percent complete. Contract No. 3 (12) is the contract
recently awarded by Council. The contractor will begin work
upon clearance from EPA. Contract No. 4 is thirty -two (32 %)
percent complete with twenty -three (23 %) percent of the time
expended. All contracts are currently ahead of schedule and
the plant is expected to be in service before the scheduled
date in December. Council will receive this same information
monthly.
Drainage - Lantern Park project is approximately eighty
(80%) percent complete; Fortner Street project has been
completed; Bayou and Cedar Avenues are thirty (307o) percent
complete; Pecan Drive and McKinney Road are about five (5`0)
percent complete.
Bench Mark Project - This project is ninety -five (950)
percent complete.
Work Session - Mayor Hutto requested that tor. Lanham
inquire to determine if Council would be receptive to a work
session with Mr. Bill Eiland prior to the regular Council
meeting scheduled for June 10. Mr. Eiland would like to
report to Council concerning the Baytown Housing Authority
and the housing finance corporations. Council scheduled a
work session for 5:30 p.m. on June 10.
questions and Comments Regarding City *.'tanager's Report
Council requested that the street sweeper be utilized
in the Graywood area and that the vacant lot across from
Dukes on Park Street be cleared. Council also requested
that the pavement at 11.1emorial and Lindenwood be repaired to
prevent water from standing and that the Director of Planning
and Traffic check visibility at the intersection of Danubina
with Ward Road. The Administration was requested to check
into conditions on Kilgore Road where the city,is performing
drainage work since the area has become an attractive nuisance
for children.
Councilman Simmons commended the Public Works Department
in recognition of American Public Works Week. Councilman
Philips stated that the city has done a good job in getting
the structure at Thibodeaux and Bolster cleaned up. Councilman
Johnson commended Chief Henscey on selection of Robert
Merchant as Assistant Chief.
Mr. C G Swick Will Appear
11r. C. G. Swick appeared on behalf of Magnolia Cemetery
Preservation Committee to inform Council that the district
court had ruled that Gladys Holland is the owner of the
cemetery, but Mrs. Holland must provide access to the cemetery
and restore the property to cemetery status. Mr. Swick
requested that Council consider the opening of Third Street
20527 -17
Minutes of the Regular Meeting - May 27, 1982
from Fayle Street to the end of city property. Mr. Swick
also inquired if the City could help with enforcement of the
Court Order. Randy Strong, City Attorney, explained that if
Mrs. Holland does not comply with the court order, the
Magnolia Cemetery Preservation Committee would need to go
back to court for issuance of a Contempt Citation. The City
of Baytown has no authority to enforce a Court Order.
Council directed the Administration to determine if access
to the property could be provided off Third Street.
Consider Proposed Ordinance, Amending the Code of Ordinances
Section 12 -47(o) to Provide for Issuance of Foundation
Permits
The proposed ordinance amends the existing ordinances
to permit the issuance of a foundation permit prior to the
completion of required water lines and fire hydrants necessary
for fire protection. The present ordinance prohibits the
issuance of any building permit, including the foundation
permit until the required water lines and fire hydrants in a
development such as a shopping center or apartment project
have been completed. This unnecessarily delays the beginning
of foundation construction. This ordinance further provides
that flammable materials may not be stockpiled on the building
site until the water lines and fire hydrants have been
constructed.
Councilman Fuller moved for adoption of the ordinance;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Wilbanks
and Fuller
Mayor Pro Tempore Johnson
Nays: None
ORDINANCE NO. 3392
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 12, "FIRE PREVENTION AND PROTECTION ",
OF THE CODE OF ORDINANCES TO ALLOW THE ISSUANCE OF FOUNDATION
PERMITS PRIOR TO THE INSTALLATION OF WATER LINES AND FIRE
HYDRANTS; REPEALING CONFLICTING ORDINANCES; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
Consider Plans and Specifications for Craigmont /Ponderosa
Water Line Replacement Project and Authorize Advertisement
for Bids
This project is one that had been included as part of
the 1981 Capital Improvements Program. There have been
numerous water line breaks and leaks in that area over the
last several years. The project will replace existing
eight -inch lines within the subdivision. Under this project
4,950 linear feet of eight -inch line is to be constructed,
along with 10,455 feet of six -inch line. Specifications
call for the contractor to reconnect the existing services
at the meter on the short side of the street and connect
to the existing service lines that currently go under the street.
20527 -18
Minutes of the Regular Meeting - IMay 27, 1982
The contractor is to reconnect lines at the same time the
old system is being phased out. The contractor will also be
required to repair any water lines damaged while construction
is on- going. The contractor will be allowed eighty (80)
working days to complete the project which works out to
approximately four (4) months. Cost estimate to perform the
project is $377,000 which estimate was determined by consultation
with contractors involved in this type work and review of
past bids received by the City of Baytown on this type work.
Plans and specifications have been submitted to the city
staff and have been reviewed and approved by the Director of
Public Works. Council was provided with a copy of the
plans. Sheet No. 1 is a layout sheet and index; Sheet Nos.
2 through 12 are design drawings reflecting the particulars
of the project and Sheet Nos. 13, 14 and 15 represent standards
for the project. The streets will not be disturbed because
a hole will be drilled under the street and pipe will be
slipped in under the street. Driveways will be soft -cut,
the line constructed and driveways replaced. There are bid
items for those two procedures. The lines will be constructed
of PVC pipe which consists of a cast iron wall thickness
which has been approved by the State Board of Insurance.
Councilman Philips suggested that perhaps Council would
want to consider in the bidding process an alternate to
resod the area upon completion of the job.
During the discussion which followed, Mr. Lanham mentioned
that if Council decided to have the area resodded, this
could establish a precedent whereby on all city projects,
resodding would be necessary. The present policy is to
apply necessary top soil and smooth the site.
Wayne Smith, Engineering Consultant on the project,
stated that the resodding could be bid as a supplement item
so that Council could make a decision at the time of the
award. The Administration recommended approval of the plans
and specifications and indicated that resodding of the area
would be bid as an alternate or supplementary item.
Councilman Philips moved that the plans and specifications
be approved and that advertisement for bids be authorized;
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Wilbanks and
Fuller
Mayor Pro Tempore Johnson
Nays: None
Consent Agenda
In response to an inquiry from Council, Mr. Lanham
explained that the radios which will be purchased through
the Houston - Galveston Area Council meet city requirements.
The city is under no obligation to purchase the radios. At
present the need is for two radios; however, the Inter -Local
Agreement is effective for one year.
Council considered the Consent Agenda as follows:
20527 -19
Minutes of the Regular Meeting - 'lay 27, 1982
a. Proposed Ordinance No. 20527 -3, will award the
annual contract for PVC pipe and fittings. Three
bids were received and Utility Supply submitted
the low bid of $31,768.14.
We recommend approval of Proposed Ordinance No.
20527 -3.
b. Proposed Ordinance No. 20527 -4, approves a contract
authorizing the Houston- Galveston Area Council to
act as the City of Baytown's purchasing agent for
radio equipment. Radio equipment authorized by
the budget would be purchased through this source.
We have had similar contracts in past years.
We recommend approval of Proposed Ordinance No.
20527 -4.
C. Proposed Ordinance No. 20527 -5, authorizes the
award of the bid for a long reach boom mounted
hydraulic slope mower to the low bidder, Hyco
Equipment Company for a bid of $13,970. Two bids
were received for this equipment. This mower will
be used primarily for mowing roadside ditches and
is a replacement for existing equipment.
We recommend approval of Proposed Ordinance No.
20527 -5.
d. Proposed Ordinance No. 20527 -6, authorizes the
appropriation of $13,970 from Revenue Sharing
Funds for the purchase of the slope mower authorized
in the previous item.
We recommend approval of this ordinance.
e. Proposed Ordinance No. 20527 -7, authorizes final
payment for repair and painting of the Park Street
water tower. Final payment is in the amount of
$29,850.
We recommend approval of Proposed Ordinance No.
20527 -7.
f. Proposed Ordinance No. 20527 -8, accepts the dedication
of the street easement that has been given to the
city for the construction of a bus turnabout in
the Woodhollow Apartment Complex.
We recommend approval of this ordinance.
Councilman Fuller moved for adoption of the Consent
Agenda, Item Nos. a through f; Councilwoman Wilbanks seconded
the motion. The vote follows:
Ayes: Council members Philips, Simmons, Wilbanks
and Fuller
Mayor Pro Tempore Johnson
Nays: None
20527 -20
Minutes of the Regular fleeting - May 27, 1981
ORDINANCE NO. 3393
AN ORDINANCE ACCEPTING THE BID OF UTILITY SUPPLY FOR THE
ANNUAL PVC PIPE & FITTINGS CONTRACT AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THIRTY ONE
THOUSAND SEVEN HUNDRED SIXTY EIGHT & 14/100 ($31,768.14).
(Proposed Ordinance No. 20527 -3).
ORDINANCE NO. 3394
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH
HOUSTON - GALVESTON AREA COUNCIL APPOINTING HOUSTON - GALVESTON
AREA COUNCIL AS THE CITY'S PURCHASING AGENT FOR RADIO EQUIPMENT
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed
Ordinance No. 20527 -4).
ORDINANCE NO. 3395
AN ORDINANCE ACCEPTING THE BID OF HYCO EQUIPMENT, INC., FOR
THE PURCHASE OF A LONG REACH BOOM MOUNTED HYDRAULIC SLOPE
MOWER AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN, OF
THE SUM OF THIRTEEN THOUSAND NINE HUNDRED SEVENTY & N01100
($13,970.00) DOLLARS. (Proposed Ordinance No. 20527 -5).
ORDINANCE NO. 3396
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO APPROPRIATE $4,234.00 FROM "UNAPPROPRIATED SURPLUS"
AND $9,736.00 FROM "RECREATION- COMMUNITY CENTER IMPROVMENTS"
OF GENERAL REVENUE SHARING FUNDS TO "RECREATION -PARK EQUIPMENT"
OF GENERAL REVENUE SHARING FUNDS, AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 20527 -6).
ORDINANCE NO. 3397
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO WATER TANK SERVICE
COMPANY FOR THE PAINTING OF THE PARK STREET WATER TOWER AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance
No. 20527 -7).
ORDINANCE NO. 3398
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE DEDICATION OF A STREET EASEMENT BY
HANIVEST CORPORATION, DIRECTING THE CITY CLERK TO FILE SAID
DEDICATION WITH THE COUNTY CLERK OF HARRIS COUNTY, TEXAS;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance
No. 20527 -8).
For bid tabulations, see Attachments "A" and "B ".
Consider Appointments to Baytown Cultural Arts Council
Councilman Fuller moved to reappoint Glena Pfennig and
Jean Bitterly to the Baytown Cultural Arts Council for
three -year terms; Councilwoman Wilbanks seconded the motion.
The vote follows:
Ayes: Council members Philips, Simmons, Wilbanks
and Fuller
Mayor Pro Tempore Johnson
Nays: None
20527 -21
Minutes of the Regular Meeting - May 27, 1982
Recess into Executive Session to Discuss Contemplated
Litigation
Council recessed into executive session to discuss
contemplated litigation. When the open meeting reconvened,
the following business was transacted:
Consider Proposed Ordinance, Authorizing Acquisition of
Property for Park Purposes
The Administration recommended approval of the proposed
ordinance.
Councilman Fuller moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Wilbanks
and Fuller
Mayor Pro Tempore Johnson
Nays: None
ORDINANCE NO. 3399
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE OFFERS
FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE OWNERS OR
OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN
TRACTS DESCRIBED HEREIN REQUIRED FOR PARK PURPOSES; REQUIRING
THAT SUCH OFFERS BE ACCEPTED WITHIN FIFTEEN (15) DAYS;
DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS
IN THE EVENT SUCH OFFERS ARE REFUSED; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Agenda Item Nos. 12 and 13 were removed from consideration.
Adjournment
There being no further business to be transacted, the
meeting was adjourned.
Eileen P. Hall, City Clerk
V) 0 f /v/ V) im�,
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TLS:_ LONG REACH BOOM�MOUNTED HYDRAULIC SLOPE MOWER E31D TABULATION
D: #825 -75 U 1
May 14, 1982 9:30 a.m.
IT E.
E LANSDOWNE -MOODY CO. TRINITY VALLEY TRACTO EM R JIM BALL INTERNATION L MYCO E UIP. INC.
QTY DESCRIPTION .uK#r • xrEnroEO unrIr 1
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1 LONG REACH BOOM MOUNTED SLOPE MOWER $14,971.0 $14,971.0
NO BID NO BID $13,970.00 $13,970.00
per specifications:
s
MAKE /MODEL:
LTRIM 76A
j TERRAIN KING I
SM395
I
I TOTAL:
! $14,971.00
I $13,970.00
DELIVERY:
10 -15 DAYS
! 10 -15 DAYS
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Alternat 1:$9,180.00
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specifi tions.)
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Alternate 2:$7,175.00
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BID PACKETS MAILED TO FOUR VENDORS.
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