1982 07 22 CC Minutes20722 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
July 22, 1982
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, July 22, 1982, 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, after which the following business
was transacted:
Minutes
Councilman Johnson mentioned that the minutes should be
corrected to indicate that he had abstained from voting on the
acceptance of the minutes for the meeting held on June 24, 1982
since he was not present during that meeting. Councilman Philips
moved to approve the minutes for July 8, 1982 with that cor-
rection noted; Councilman Fuller seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons, Wilbanks,
Fuller and Canon
Mayor Hutto
Nays: None
Receive Petitions
There were no petitions presented. Councilman Johnson
presented the City Manager with a copy of the petition that was
presented at the last Council meeting concerning Houston Lighting
and Power Company. The petitioners had borrowed that portion to
run copies to forward to the Public Utilities Commission.
City Manager's Report
Baytown Housing Development - Council had been provided with
a copy of a letter from Brockman Builders, Inc. addressed to the
City of Baytown, Attention: Mayor Hutto, which indicated the
desire of the builders to appeal the decision of the Baytown
Planning Commission regarding disapproval of preliminary approval
for Baytown Housing Development. Council scheduled a work
session with the City Attorney for 5:45 p.m. on July 26, 1982 and
a special meeting on that same date for 6:00 p.m.
20722 -2
Minutes of the Regular Meeting - July 22, 1982
Houston Lighting and Power Company - Council had been
provided with a copy of a letter from Houston Lighting and Power
which provided Council with information regarding the basis for
fuel cost adjustments on the electric bills. Since Council had
not had the opportunity to read through and digest the material,
any questions that Council has may be addressed at the next
Council meeting.
West District Sanitary Sewer Improvements - Council was
provided with a status report involving each of the four con-
tracts now in progress, including the treatment plant which
Council toured at 4 :15 p.m. today.
North Little League - This project is about eighty (80 %)
percent complete. The press box, concession stand, restroom
building, dugouts, field preparation and drainage have been
completed. The electrical work was in process today.
West Little League - The city agreed to a cooperative effort
with the officers of the West Little League. Part of that
agreement was that the West Little League would be responsible
for clearing the area and this is about ninety (90 %) percent
complete. The Administration expects to be in a position to move
ahead with that project and have the field available by next
spring.
Drainage - City crews have completed ninety (90 %) percent of
the work on Pecan Drive and McKinney; ninety -five (95 %) percent,
on Jasmine; sixty -five (65 %) percent on Narcille Drive and work
has begun on the Gulf pipeline right of way. Drainage crews
continue to make good progress.
1982 Street Improvement Program - The contractor has begun
removing curb and gutter on East Wright and Georgia in pre-
paration to reconstruct the streets. Both of these streets are
located near elementary schools was the reason these streets were
selected first.
Sliplining - The sliplining work under Phase I has been com-
pleted, but there is an item on the agenda to add certain areas
to that contract.
Community Development (Magnolia /Cypress) - This project is
about ninety (90 %) percent complete, that is, the pavement, curb,
gutter, and water lines.
Questions and Comments Regarding City Manager's Report
In response to a comment from Councilman Fuller that another
billboard was being erected on Baker Road at Country Club and an
inquiry from the Councilman concerning the status of the research
being performed by the Administration, Larry Patterson, Assistant
City Manager, indicated that he had been collecting data and
would be prepared to make a report at the next Council meeting.
Driveway Problem 705 East Lobit - Councilman Cannon stated that
he had been contacted by Mr.Burroughs who had appeared before the
Council several months ago concerning a problem with his driveway
on East Lobit. Councilman Cannon requested that this matter be
placed on the next Council Agenda for discussion and that the
Administration furnish him with a copy of the policy regarding
driveways.
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Minutes of the Regular Meeting - July 22, 1982
Traffic Hazard - Councilman Cannon mentioned that there is a
traffic hazard at Ponderosa and Baker. At the intersection
coming from Ponderosa, there is an entrance to the subdivision
with a Ponderosa sign which is creating a traffic hazard for
people coming out onto Baker.
Jean Shepherd Will Appear
Mrs. Shepherd appeared as President of the Brownwood Civic
Association to mention problem areas for the citizens who reside
in Brownwood. Mrs. Shepherd mentioned the following problems.
1. Brown Park on Crow Road is being utilized for dumping
purposes and on weekends people utilizing the park cause
traffic congestion on Crow Road by parking on the street.
Across from that area is an area where the city has filled
and the area has grown over with grass and brush.
2. On Mapleton, left off Crow Road, ditches have not been
cleaned for many years and have stagnant water standing
which indicates either blockage or drainage problems. About
100 feet from the corner, there is a leak in the street.
3. Off Bayshore there is a ditch that catches water coming
in from the Bay that is littered with debris. Culverts are
completely stopped up.
4. Many persons are carrying in dirt and other materials to
reclaim the land, but there is one place in particular where
these materials have not been covered or packed. What is
happening is that the area is simply being used for dumping.
The inspection department has been called in this regard.
5. At the "y" on Bayshore, there is a city lift station
that is being utilized for recreational purposes.
6. On Bayshore there is demolition contracted by the City
that has been in progress for some time which is unsightly
and should be completed, if not by the present contractor,
by another contractor.
7. Shreck at Bayshore inside the Perimeter Road there is a
lake of standing water that never gets to the pumps.
8. The berm along Brownwood Drive is not complete. At some
of the critical areas, it is not high enough nor is it
level.
9. Better drainage is needed to provide for even dis-
tribution to pumps.
10. Streets that have been blockaded have become dumping
grounds. The residents feel the city is responsible to have
those areas cleaned.
Mayor Hutto apologized for having to interrupt Mrs.
Shepherd,' but it was necessary due to the scheduled public
hearing.
Hold Public Hearing on Proposed Facility Plan and Environmental
Information Document for East Sewer District (7:00 .m.)
All testimony presented at the public hearing was recorded by
a court reporter to provide a verbatim record of the hearing.
That transcript will be the sole official record of the Public
hearing. Copies of the final transcript, the final Facility Plan,
20722 -4
Minutes of the Regular Meeting - July 22, 1982
and the final Environmental Information Document will be avail-
able for public inspection during normal business hours in the
City Clerk's office at City Hall as soon as the transcript is
furnished and published.
Jean Shepherd Will Appear - Continued
11. All the streets in Brownwood except two are in a state
of deterioration and need repair.
12. There are homes which people are living in that are
unfit for human habitation.
13. Water lines in Brownwood are in a deteriorated state
and persons who live along Milner can't drink the water.
There appears to be an infiltration problem of some sort.
14. Sewer lines in Brownwood are in a deteriorated state
and persons have raw sewage in their yards and backing into
their homes.
15. In both elections regarding Brownwood, people were told
that $7,500,000 would be expended either in relocation or in
repair. Evidently, the voters felt that the $7,000,000 would
be best spent toward repair. Mrs. Shepherd suggested that
the city move ahead on repairs.
Councilwoman Wilbanks asked that the Administration look at the
specific areas mentioned by Mrs. Shepherd and report to Council
concerning work in progress and work scheduled for the future,
stating that the residents of the area need to hear comments from
the city.
Mr. Lanham mentioned that Ridgeway is on the 1982 Street Im-
provement Program which the contractor has begun work on that
contract. With respect to drainage, many of the streets in
Brownwood are on the list approved by Council and the ad-
ministration expects to have crews working on drainage in the
Brownwood area within a couple of weeks.
Al McHugh, Group W. Will Appear
Al McHugh, local manager for Group W was present, along with
Mr. Thompson, construction supervisor. Mr. Thompson posted a map
which depicted the areas of the city that have new cable strung,
areas where new service is available and areas that are to be
completed shortly. Mr. McHugh stated that Lakewood and Brownwood
are scheduled to be completed shortly and upon completion of
Lakewood /Brownwood areas, the crews would move to old Baytown and
complete that area because those were the areas that are ope-
rating under the old plant and the areas that are experiencing
the most difficulties. Mr. McHugh mentioned that there have been
as many as 100 contractors working in the city toward getting
cable strung. The company has also solicited help from E1 Paso
and a new phone system has been installed to provide more lines
at their office. An arrangement has been made with a maintenance
foreman to have a business phone in his home which rings there at
night. Mr. McHugh stated that he was aware of problems which some
of the citizens in the community had been experiencing and that
he was making every effort to correct those problems. For
instance, persons who have experienced outages or extremely poor
quality service, do receive credits if the company is notified.
The company is making every effort to furnish those persons who
had service under the old system with service under the new prior
to servicing the new areas. The company is making every effort to
install a good quality system and avoid some of the past mis -
20722 -5
Minutes of the Regular Meeting - July 22, 1982
takes. Mr. McHugh emphasized that at the present time the
emphasis is on the old system. In fact, he is not allowing sales
personnel into the areas where the old plant is located until the
old customers are satisfied. The entire system should be
installed and operable by the latter part of November.
Mayor Hutto mentioned to Mr. McHugh that it appeared that
the biggest problem the company is facing at this point is a
public relations problem. Customers feel that the company is
being unresponsive to their needs. Councilman Philips suggested
that perhaps Mr. McHugh needs to hold schools to train his people
how to deal effectively with the public. Mr. McHugh agreed that
public relations needed to be addressed but he noted that a year
ago, the company had four employees in Baytown and now there are
31 employees in Baytown; therefore, the employees can't be tied
up in school for too long a period.
In response to an inquiry by Mayor Hutto regarding cable
rated television sets, Mr. McHugh stated that there is no real
advantage to having a cable rated television set because the
cable companies scramble the waves so that the only way one can
receive transmission is if that service has been purchased.
Gloria Bashrum, 2100 Alabama, presented a petition with 32
signatures of persons residing in the old Baytown area with the
exception of one. The petition stated that on numerous occasions
Group W Cable TV service had been out for several weeks at time
and that the company was slow to respond.
Mrs. Bashrum suggested that the company print a notice on
its bills notifying its customers that in the event unacceptable
or no service is provided, their bills would be credited ac-
cordingly.
Mr. McHugh responded that this was being done.
Mayor Hutto stated that with the new system the residents of
the old Baytown area should not have these same difficulties.
Councilman Fuller moved to accept the petition; Councilman
Simmons seconded the motion. The vote follows;
Ayes: Council members
Wilbanks, Fuller
Mayor Hutto
Nays: None
Philips, Johnson, Simmons,
and Cannon
Consider Proposed Ordinance, Setting Public Hearing on Proposed -
Annexation of Goose Creek Shopping Center
In accordance with State law, the proposed ordinance
provides for two hearings on August 12, 1982 - -one at 5:30 p.m. at
the northwest corner of the last entryway into Goose Creek
Shopping Center from Sharon Road in the parking lot and one at
7:00 p.m. in the Council Chamber on the proposed annexation of
Goose Creek Shopping Center. The Administration recommended
approval of the ordinance.
Councilman Simmons moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
20722 -6
Minutes of the Regular Meeting - July 22, 1982
ORDINANCE NO. 3427
AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR THE PUBLIC
HEARINGS ON THE PROPOSED ANNEXATION OF GOOSE CREEK SHOPPING
CENTER; DIRECTING THE PREPARATION OF A SERVICE PLAN; AUTHORIZING
AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE FOR SUCH PUBLIC
HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Resolution No. 809, Authorizing Participation
in Coalition of Cities with Original Jurisdiction in Houston
Lighting and Power Pending Rate Case
At the last Council meeting, the City Attorney, Randy Strong
had described somewhat the reason for formation of the Coalition
of Cities with Original Jurisdiction. Of the 59 cities that
retained original jurisdiction within the Houston Lighting and
Power Service area, 57 have joined the coalition in order to
present a united and organized effort before the Public Utilities
Commission in the rural rate hearing which is scheduled to begin
August 30. The City of Baytown is listed as one of those cities
and what the City Attorney requested was that City Council adopt
Proposed Resolution No. 809 so that the City of Baytown could
have some formal documentation of the city's desire to par-
ticipate as part of this coalition and share information with
other cities. The City of Baytown is a party to the hearing
before the PUC separate from the coalition because the City of
Baytown has been granted intervenor status. Therefore, the city
will be participating on its own, but the Attorney recommended
that the city participate as part of the coalition as well.
Councilman Philips moved to adopt Proposed Resolution No.
809; Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 809
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUT-
HORIZING PARTICIPATION IN THE COALITION OF CITIES WITH ORIGINAL
JURISDICTION.
Consider Proposed Resolution No.810, Urging the Passage of Legis-
lation Affording "Municipal Immunity" from Federal Antitrust
Laws.
Texas Municipal League has requested that member cities
consider adopting a resolution regarding the cities' liability as
a result of a recent Supreme Court decision. The City Attorney
explained that cities for years were considered exempt from the
Anti -Trust Laws of the United States until recently when the
Supreme Court in a case involving the city of Boulder Colorado
changed that and said that cities are liable for Anti -Trust
violations absent a specific grant of authority from the State
that cities are allowed in this area that would otherwise be
considered anti -trust violation. In Texas, home rule cities are
given broad general powers to conduct their affairs, but this is
not sufficient to exempt Texas cities from this possible anti-
trust liability. While cities are given broad powers, there is
20722 -7
Minutes of the Regular Meeting - July 22, 1982
not a specific authority given by the State for doing these
things. Therefore, one way to protect cities against this
possible anti -trust liability in the future would be for the
State of Texas to go through and legislatively list all the
powers that cities are to carry out. That may, in fact, be done
in some areas. However, it would be more beneficial to the
cities if the United States Congress would statutorily re -enact
the exempt status of municipalities that would do that very
thing. There will be hearings before Congress. By this re-
solution, the City of Baytown would be supporting the passage of
such legislation and urging adoption where the cities would again
be exempt from anti -trust liabilities for carrying out common
governmental function.
Councilman Johnson moved for adoption of Proposed Resolution
No. 810; Councilman Simmons seconded the motion. The vote
follows:
Ayes: Council member Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 810
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN SUP-
PORTING LEGISLATION TO EXEMPT MUNICIPALITIES FROM FEDERAL
ANTI -TRUST LAWS.
Consider Proposed Resolution No. 811, Opposing Passage of Public
Employee Pension Plan Reporting and Accountability Act of 1982.
The Committee on Labor of the United States Congress has
favorably reported out a bill that would require public pension
funds such as the Texas Municipal Retirement System to comply
with federal regulations including reporting to federal agencies
on their activities and keeping records in accordance with
federal requirements. The Texas Municipal Retirement System was
established by the State legislature. Many Texas cities are
members of the system which is operated in accordance with State
law. The system is governed by a board of directors made up of
city representatives. The Administration felt that this would be
an unnecessary burden on the system, if approved. This burden
would be placed on the State system by the federal government.
Frankly, the system has been operating as well if not better than
many federally operated systems. The Administration could find
no advantage to the proposed act. The Administration recommended
approval of the proposed resolution.
In response to an inquiry from Council, Mr. Lanham pointed
out that the federal government would not be underwriting the
system.
Councilman Philips stated that he would hope that President
Reagan would veto such a proposal.
Councilman Fuller moved for adoption of the resolution;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips,Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
20722 -8
Minutes of the Regular Meeting - July 22, 1982
RESOLUTION NO. 811
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, EX-
PRESSING ITS OPPOSITION TO PASSAGE OF THE PUBLIC EMPLOYEE PENSION
PLAN REPORTING AND ACCOUNTABILITY ACT OF 1982.
Consider Proposed Ordinance, Awarding Contract for Craigmont/
Ponderosa Water Line Replacement.
The 1981 Bond Program included funds to replace all the
water lines in the Craigmont /Ponderosa area where we have had
numerous water breaks in recent years. Wayne Smith, consulting
engineer on the project, stated that bids were received from six
contractors on July 1. Bids were taken on the base bid which was
the project with a finished earthen top and an alternate bid that
would require grass replacement. The low bidder was CAT Con-
tracting, Inc.. The second low bidder was R. T. Bishop of
Baytown and the third low bidder was Sabine Consolidated of Port
Arthur. R. T. Bishop and Sabine Consolidated have performed work
for the City of Baytown in the past and have also been con-
tractors on projects where Mr. Smith was consulting engineer in
other locations. CAT Contracting is new to the area. The company
has performed a project in Deer Park and one in Pasadena. The
Company has recently been low bidder on a project in Alvin and a
project for the City of Houston. The contractor's principal is
from Michigan. The consulting engineer performed an extensive
study of the low bidder and feels that the contractor should be
able to perform the work. Taking into account the $40,000
difference between the low bidder and the second low bidder, the
consulting engineer recommended that the bid be awarded to CAT
Contracting, Inc.
In response to an inquiry from Council, Mr. Smith stated
that there is a great amount of cash in the corporation with a
note to the officer. Other companies handle business in this
fashion. The corporate officer has money to provide to the
corporation. He starts the company and that money is written in
the books as a note to the officer. The company has a bonding
agent who is willing to bond the company for the performance and
payment bond. The bonding agent is not concerned that the
company is twelve (128) percent lower than the second bidder. The
consulting engineer, as on other projects of this type, would
provide a full time inspector to monitor performance. Mr. Smith
stated that he had spoken to the contractor on several occasions
to let him know what was expected. The project will be installed
correctly. The Administration recommended that the base bid be
awarded to the low bidder.
Councilman Philips requested that Council seriously consider
that for just $38 per home or three (3 %) percent of the bid,
Council could have the grass restored. The residents maintain
their yards and this is very disruptive to have an entire
neigh- borhood torn up. The contractor will not be able to stay
strictly on the easement to accomplish the work. He felt that
this was the least the city could do.
In the discussion which followed, these points were made:
(1) after the grass was replaced, whose responsibility would it
be to be certain that it grows, (2) the city does replace
driveway and fences, but these are permanent structures. Council
20722 -9
Minutes of the Regular Meeting - July 22, 1982
expressed the feelings that the job should be properly
finished with the work area left properly contoured, but to
expend the $12,000 to replace grass, could be considered un-
necessary.
Aside from the issue of replacement of the grass, Councilman
Johnson expressed concern that the bid would be going to a
relatively inexperienced contractor and inquired if perhaps
enough money could be saved by the use of an experienced con-
tractor to warrant awarding the bid to the second low bidder. Mr.
Lanham responded that a full time inspector is utilized on all
bond programs.
Councilman Philips moved that the bid of CAT Contracting,
Inc., be accepted, utilizing a full time field supervisor's
service, for the alternate bid in the amount of $351,173 which is
within the budget. The motion died for lack of second.
Councilman Johnson moved that the proposed ordinance be
adopted awarding the contract to CAT Contracting, Inc., for the
base bid; Councilman Fuller seconded the motion. The City
Attorney mentioned that the construction timetable would be 80
days. The vote follows:
Ayes: Council members Johnson, Simmons, Fuller
Wilbanks and Cannon
Mayor Hutto
Nays: Councilman Philips
ORDINANCE NO. 3428
AN ORDINANCE ACCEPTING THE BID OF CAT CONTRACTING, INC., FOR
THE CRAIGMONT- PONDEROSA WATER LINE REPLACEMENT, AUTHORIZING
THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR THE SUM OF
THREE HUNDRED THIRTY EIGHT THOUSAND THREE HUNDRED SEVENTY
THREE & N01100 ($338,373.00) DOLLARS.
Consent Agenda
Norman Dykes, Director of Public Works /City Engineer, in
response to an inquiry from Council, stated that the reason that
lines in Whispering Pines must be sliplined is that in Section 1
and 2 concrete pipe was utilized. This pipe has deteriorated to
the point that pipe is missing in some areas. This is the first
time that pipe has been sliplined in this area. At the time that
Sections 1 and 2 were constructed, the developers were allowed to
utilize concrete pipes.
The Consent Agenda was considered as follows:
a. Proposed Resolution No. 812 will confirm the declaration
by the Civil Defense Director with approval of the City
Manager of the existence of an emergency on July 18, 1982.
This declaration is in regards to the explosion and fire at
the Baytown Chemical Exchange Plant.
We recommend approval of Proposed Resolution No. 812.
b. Proposed Ordinance No. 20722 -3, will transfer $3,600
from Community Development Grant Account No. 7110 -12 -0100
- Contingencies to No. 7210 -06 -0401 - Special Services
- Audit. The purpose of this transfer is to cover cost of
CDBG Audit. This is an authorized expense under this grant.
We recommend approval of Proposed Ordinance No. 20722 -3.
20722 -10
Minutes of the Regular Meeting - July 22, 1982
c. Proposed Ordinance No. 20722 -4, will authorize Change
Order No. 5 to the 1981 Sanitary Sewer Sliplining project.
Change Order No. 5 will provide the following additions:
1. 688 L.F. of 5" polyethlene liner in 6" existing
sanitary sewer lines in Whispering Pines Subdivision
(Savell Drive and Autumn Lane between Gulfway and Summer
Lane.
2. 2700 L.F. 6" polyethlene liner in 8" existing sanitary
sewer line along west side of Alexander Drive from Peggy
Street south to James Street.
3. 15 service connections, Whispering Pines Subdivision.
4. Additional work for Alexander Drive to compensate for
hazardous conditions due to traffic, line under concrete,
and greater depth.
The total cost of Change Order No. 5 is $48,130.
We recommend approval of Proposed Ordinance No. 20722 -4.
d. Proposed Ordinance No. 20722 -5, will award the bid for
purchase of carpeting for Municipal Courtroom and Office.
Four (4) bids were received. Sherwin Williams submitted
the low base bid of $3,144.33. Council budgeted $2,441.00
for this purchase.
We recommend the low bidder, Sherwin Williams be awarded
this bid.
e. Mr. H. V. Parker, 1216 Cedar Bayou Lynchburg Road, has
requested water service from the City of Baytown. Mr.
Parker will be able to tap into our line in front of his
residence.
Councilman Simmons moved for adoption of the Consent Agenda
Items a through e. Councilman Johnson seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 812
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CONFIRMING THE DECLARATION BY THE EMERGENCY MANAGEMENT AND PRE-
PAREDNESS DIRECTOR OF THE EXISTENCE OF AN EMERGENCY ON
THE 18TH DAY OF JULY.
ORDINANCE NO. 3429
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN
TO APPROPRIATE THREE THOUSAND SIX HUNDRED ($3,600.00) DOLLARS
FROM "COMMUNITY DEVELOPMENT GRANT ACCOUNT" NO. 7110 -12 -0100
- CONTINGENCIES TO ACCOUNT NO. 7210 -06 -0401 "SPECIAL SERVICES
- AUDIT ", AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed
Ordinance No. 20722 -3)
20722 -11
Minutes of the Regular Meeting - July 22, 1982
ORDINANCE NO. 3430
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 TO THE CONTRACT
WITH CHANNEL CONSTRUCTION COMPANY, INC., FOR THE 1981 SANITARY
SEWER SLIPLINING - PHASE III; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF.(Proposed Ordinance No. 20722 -4)
ORDINANCE NO. 3431
AN ORDINANCE ACCEPTING THE BID OF SHERWIN WILLIAMS FOR THE
PURCHASE OF CARPETING FOR MUNICIPAL COURT ROOM AND AUTHORIZING
THE PAYMENT BY THE CITY OF BAYTOWN FOR THE SUM OF THREE THOUSAND
ONE HUNDRED FORTY FOUR AND 33/100 ($3,144.33) DOLLARS. (Proposed
Ordinance No. 20722 -5)
FOR TABULATIONS SEE ATTACHMENTS "A & B"
Consider Providing Sewer Service to Fisher Hill
Fisher Hill is located off Ferry Road near Cedar Bayou
Methodist Church. This is one of the few areas inside the city
limits which does not have sewer service. There is city water
service to the area. The need for this service has been there for
a number of years. There is a question whether an easement is
available for this purpose, but one would need to be obtained in
order to perform the project. The estimated cost to construct
the sewer line is $15,750; $4,250 would be recovered as con-
nections are made. Some of the residents of Fisher Hill have
relatively new septic systems; therefore, it probably would not
be necessary to have those residents tie to the new system
immediately.
Councilman Philips moved to authorize the Administration to
perform the necessary steps to provide sanitary sewer service to
Fisher Hill; Councilman Johnson seconded the motion. The vote
follows:
Council inquired if all the residents of Fisher Hill are in-
terested in this service. Tom Hall as resident of the hill
stated that he could not speak for the other residents, but this
was not the first time that he had appeared before Council to
request sewer service. He explained that those persons who are
on septic tanks are in violation of the law, because the tanks
overflow and the raw sewage flows into Cedar Bayou.
In respon
that the total
$425. Council
tie in as soon
Ayes:
Nays:
se to an inquiry from Council, Mr. Lanham stated
cost to tie into the system per residence would be
felt that the city should require the residents to
as the service is available. The vote follows:
Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
None
20722 -12
Minutes of the Regular Meeting - July 22, 1982
Consider Plans for 1982 Sanitary Sewer Sliplining Phase II
Program and Authorize Advertisement for Bids
Change orders were made to the 1982 Sanitary Sewer Slip -
lining Phase II which were emergency -type situations and the
change orders could be made because the contract provided for
those units prices. However, another phase is necessary for the
sliplining program because there are some locations which are not
of an emergency nature and the present contract does not provide
unit prices for 10 -inch and 15 -inch line. Under the proposed
1982 Sanitary Sewer Sliplining Phase II Program, the remainder of
Roseland Oaks sewer lines will be sliplined. There have been
problems in recent months and repairs have been made on East
Texas Avenue. Problems have been experienced on East James
between Danubina and Highway 146. The estimated cost for the
sliplining and necessary connections is $185,000. Funds are
available in the current fiscal year's budget and in revenue
sharing for this project. The Administration requested per-
mission to advertise for bids for sliplining of these lines.
Councilman Fuller moved to authorize the Administration to
advertise for bids for the 1982 Sanitary Sewer Sliplining, Phase
II; Councilman Philips seonded the motion. The vote follows:
Ayes: Council members Philips, Johnson,
Simmons, Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consider Appointment to Clean City Commission
This item was deferred to the next Council meeting.
Adjourn
There being no further business to be transacted, the
meeting adjourned.
- z
EILEEN P. HALL, City Clerk
Brockman Builders, Inc. Attachment "A"
1912 LAMY LANE, SUITE B • P. O. BOX 7886 • MONROE, LA. 71203 • (318) 322.1472
July 20, 1982 -
City of Baytown
2401 Market'Street
Baytown, Texas 77520
Attn: Mr. Emmett Hutto, Mayor
Subject: Planning Commission Decision Appeal
Re: Baytown Housing Development
130 Unit Apartment Project
Nolan Road
Baytown, Texas
Dear Sir:
On July 19, 1982, the.Planning Commission of the City of Baytown
refused to issue preliminary approval for a building permit on the above
referenced project. It was noted by the Director of Planning, Mr. Cornelius,
that we, the developers, had met all the-legal requirements and ordinances
of the City of Baytown for preliminary approval. We were denied -that pre-
liminary approval. The reason given was that we had only one entrance /exit
and,*in.their opinion, this condition is unsafe in the event of an emergency.
In the previous meeting of the Baytown-Planning Commission the permit
application was rejected because of one reason only, the number of parking
spaces did not-meet the Baytown.ordiance requirement. Never was there any
mention of the number of entrances or-exits required. Never-was it mentioned
that one entrance /exit was unsafe. We.were apprised at 10:00 A.M. on the
morning of July 19th,.the day of the Planning Commission meeting, that this
had become a problem. Nowhere in the ordinances of.the City of Baytown can
we.find anything regarding the number of entrances required on an apartment
project.
On the basis that the Planning. Commission.had previously rejected our
application for the reason of inadequate number of parking spaces, only,
and this problem was' alleviated three days later by a plan revision adding
the required number of parking spaces, we assumed that preliminary approval
would be forthcoming.. On this assumption over $4,000,000 of Bonds and over
$4,000,000 of Notes were sold to finance the project.
Page 2
July 20, 1982
City of Baytown
This project must be clos.ed by August 1, 1982. If closing is delayed
past this date due to the commission's'action, the amount of damages which
we will suffer will be considerable, but have not as yet been determined.
In view of the above circumstances, we urgently regest the following:
1. In light of the extremely tighttime constraints,
a special meeting of the City Council be called
Monday, July 26th to hear this matter.
2. An appeal be made to the City Council tooverturn
the Planning Commission's decision as per Section
27 -5 of the Baytown City'Code.
In..conclusion I.again would like to reiterate the following facts:
1. Per Mr. Cornelius, we have met all the legal
requirements and ordinances of the City of
Baytown for preliminary approval.
2. Per Mr. Cornelius, there is no ordinance
°regarding the number of entrances required
into.an apartment complex.
3. Per Mr. Shackleford,.the plans-as-shown have
been reviewed and approved by the Baytown
Fire Chief.
4. The..plans.and specifications have been reviewed
and verbally.approved by Mr. Ed Shackleford of
the Baytown Engineering Department.
5. We will suffer economic damage if lack of
preliminary approval delays closing of the
project within the time constraints.
In view of the above, we respectfully request that our appeal before
the City of .Baytown be heard Monday, July 26, 1982.
I will be available at your convenience to answer any questions, or
meet with your people regarding this matter. Any assistance you may give
us is greatly appreciated.
WB /lpb
cc: Mr. Fritz Lanham
Mr. Bill Eiland
Mr, Ted Lee
DIr. Ralph W. Brockman
Very % truly yours,
Walker Glenn <G-)
Executive Vice President
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CJ\. (14lCttynz =�rncfn CONSULTING ENGINEER. INC. Page 3
project with a full time field representative. If you have any questions
please call. - .
Truly yours,
- R. ldayne Sriuth, P.E.
President
cc: Fritz Lanham
Norman Dykes
C RWS %'Cr
3
13:26 Ir:DiRh%PDL�S / F10U5TON. TEXAS 1:015 � (� 131 X57.2 ?61
C_
Honorable Mayor
City of Baytown
P. 0. Box 424
Baytown, Texas
Attachment "A"
lei /cit�.* �rnif4 CONSULTING ENGINEER. INC.
and City Council
77521
July 14, 1982
RE: Bid Tabulation for Craigmont- Ponderosa Water Line Replacement, Baytown,
Texas
Gentlemen:
Bids for construction of the referenced project were received at 10:30
A.M., Thursday July 1, 1982 at the,City Hall and subsequently read in public.
Base Bids and Alternate Bids were received. The Base Bid was for the project
to be finished with a smooth earth surface and -the Alternate Bid required
grass replacement. Six contracting firms submitted bids for the project.
Errors were found in the bids of CAT Contracting, Reliance Construction and
Blacksher and Son, Inc. Blacksher and Son, Inc. submitted a bid for the Al-
ternate Bid only. The errors did not change the order of the three low.bid-
ders.
The bidders from low to high and the correct total amounts bid are as
follows:
CONTRACTOR CITY BASE BID
$338373.00
ALTERNATE BID
351,113.00
CAT Contracting, Inc. Seabrook
R.T. Bishop Construction Co. Baytown $379,027.50
$390,547.50
Sabine Consolidated, Inc. Port Arthur $388,119.00
$418,460.50
$399,319.00
$440,745.00
Reliance Construction, Inc. Houston
Beaumont $439,745.00
$449,345.00
Mar -Len, Inc.
Blacksher and Son, Inc. Orange NO BID
$407,762.50
The low bidder, CAT Contracting, Inc. is a new construction company with
have completed a project for the City of Deer Park
limited experience. They
for Harris County. They are currently constructing
lift station re-
and one
novations for the City of Pasadena and have been awarded a
Contracting, Inc.
contract by the
has resulted in the
City of Alvin. Our investigation of CAT
following:
1. The Surety has been verified as authorized to conduct
business in the
State of Texas.
2. The Contractors Bonding Agent for The Continental Insurance Companies is
Hills, Michigan. Air. Bud Roch of Lyle ,
Lyle and McNicols of Bloomfield
and McNicols expressed confidence in CAT Contracting,
Inc. and is not
concerned that their bid was 12% below the second bidder. References
13426 INDIANAPOLIS / HOUSTON. TEXAS 77015 1 (7131451-2961
C
of . 'ovary. ne ZMA CONSULTING ENGINEER. INC. Page 2
from seven local suppliers have been sent by the Agent. Two of these
suppliers-have been contacted and have indicated that CAT Contracting,
Inc. is a good credit risk.
3. The Principal (Guilio Catallo) has experience in Michigan and Tanzania.
Cat Contracting, Inc. was a sub - contractor for, or Mr. Catallo was an
employee of, Polsinelli Construction, Inc. for water line replacements
of Mesick Water Supply in Michigan. Mr. Tom Bellmyre of Granger Engi-
neering indicated that Mr. Catallo's experience and ability was ade-
quate, the project was completed on time and Granger Engineering would
recommend awarding future contracts to Mr. Catallo. A dispute between
Mr. Catallo and Mr. Polsinelli occured on the project, but Mr. Bellmyre
did not know the full nature of the dispute or the final resolution.
4. The financial statement of CAT Contracting, Inc. dated December 31, 1981
was reviewed. The financial statement is unaudited. Although the state-
ment has not been reviewed by a C.P.A. for the City of Baytown but has
been discussed with a C.P.A. and-the following is presented:
a. Current ration (Current Assets divided by Current Liabilities) is
favorable. The ratio of 2.49 is higher.-than would be expected for
most Contractors.
b. The majority of the current assets is in cash ($134,314.16) and a
long term debt of a note to officer is $81,960.43. If the Corpora-
tion repaid its debt to-officer, the current ratio and financial
position-of the Corporation would have a significant unfavorable
change.
S. The bid of CAT Contracting, Inc. was reviewed and found to have an error
in the extension of unit prices. The amount read publically was
$338, 317.00 and the correct amount is $338,373.00. Their bid was not
signed by the secretary of the Corporation although the corporate seal
was affixed.
6. We have visited the project sites in Deer Park and Pasadena. In our
opinion the project in Deer Park had adequate clean-up, but the project
in Pasadena should have additional attention.
The second and third bidders (R.T. Bishop Construction Co. and Sabine
Consolidated), have performed work in Baytown. Both of these Contractors
have constructed projects designed and administered by us and we feel they
are reputable Contractors.
Our review of CAT Contracting, Inc. indicated the Contractor should be --
capable of performing on the project and we recommend awarding the project
to the low bidder, CAT Contracting, Inc. However, as CAT Contracting has
limited experience in this area, we also recommend close monitoring of the
1142A INDIANAPOLIS I HOUSTON. TEXAS 77,05 1 17131451-2961