1982 09 23 CC Minutes20923 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 23, 1982
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, September 23, 1982, at 6:30 p.m.
in the Council Chamber of the Baytown City Hall with the
following attendance:
Fred T. Philips
Jimmy Johnson
Perry M. Simmons
Mary E. Wilbanks
Roy L. Fuller
Allen Cannon
Emmett 0. Hutto
Fritz Lanham
Larry Patterson
Randy Strong
Eileen P. Hall
Councilman
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
The meeting was called to order with a quorum present
and the invocation was offered, afterwhich the following
business was transacted:
Minutes
Councilman Philips moved to approve the minutes for the
Council meeting held September 9, 1982 with the correction
that Randy Strong, City Attorney, was not present at that
meeting; Councilman Johnson seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Receive Petitions
No petitions were presented.
City Manager's Report
FAA Regulated Aircraft - Council had requested at the
last Council meeting that the Administration check with FAA
on whether there are any regulations on powered or non - powered
hang gliders or similar aircraft. FAA has responded that
effective October 4 ultra -light vehicles will be regulated
by FAA. Ultra -light vehicles are commonly known as powered
or non - powered hang gliders. These ultra -light vehicles will
be prohibited from operating over any congested area of a city,
town or settlement or over any open -air assembly of persons.
20923 -2
Minutes of the Regular Meeting - September 23, 1982
Those vehicles which exceed the criteria for ultra -light vehicles
will be considered aircraft for purposes of air worthiness,
certification and registration. Operators of those vehicles will
be subject to the same certification requirements as are aircraft
operators.
Baytown Housing Authority - Council had been provided with
a copy of a letter requiring either the City Manager or Mayor's
signature concerning the application by the housing authority
for an additional fifty (50) dwelling units of Section 8 Existing
Housing. The request is within the guidelines included in the
City of Baytown's Community Development Plan.
Section 8 Existing Housing operates by the owner and the
renter entering into a one -year contract and if a person or
family is eligible for funding, the Baytown Housing Authority
subsidizes the rent. There are about 340 units under the program
now. There was authorization for about 400 but some of the
funds had to be used when the two public housing units were
converted to Section 8 housing when the city elected to exclude
those units from the conventional public housing program. There-
fore, that removed from this program the authorization for about
60 units.
The Baytown Housing Authority will be competing with housing
authorities in 13 other counties for funds for about 290 units
so Baytown's chances are minimal. However, before signing off
on the letter, Mr. Lanham wanted to notify City Council that
the letter had been received and determine if Council objected to
the signing of the letter.
Under Section 8 housing, the renter must locate the house.
The housing authority does not locate the unit to be rented
and under the Section 8 guidelines, the landlord must be willing
to sign a contract for one -year. If the renter meets guidelines
for subsidy, the housing authority subsidizes the rent payments.
Presently operating within the City limits of Baytown are two
public housing programs - -low rent which is housing projects
where people are provided a_place to live by the authority and
payment to the authority based on certain guidelines and Section
8 housing which is the subsidized rental by the authority of
privately owned accomodations based on meeting the guidelines
for need and the signing of a contract for one -year by the landlord.
Presently, Baytown has been allocated 400 units for Section 8
funding. What this application will do is ask HUD for 50 more
units. However, it is doubtful that out of 13 counties, Baytown
will be allocated 50 units. There are 600 families presently
on a waiting list who are living wherever possible.
Council expressed no objection to Mr. Lanham signing the
letter.
Houston Lighting and Power - Council had been provided
with a copy of a letter from Houston Lighting and Power Company
regarding a change in fuel cost for the month of October. There
is a reduction for the user of 2,000 KWH of about $4.50 from
the month of September.
20923 -3
Minutes of the Regular Meeting - September 23, 1982
Randy Strong, City Attorney, reported concerning the
HL&P rate request that there had been one day of public
comment and 10 days of hearing before the examiner where
various parties were heard and cross - examined. After all
interested parties were presented an opportunity to be
heard, the hearing was closed. The hearing examiner gave
the parties until October 1 to submit written briefs or
arguments. When those are received the examiner will present
the examiner's report which in turn will be reviewed by the
Commissioners and probably approved. The Commission usually
adopts the report given by the examiner, but they have been
known to make changes in the past. The final decision could
be at least six weeks away.
In response to an inquiry from Council, Mr. Strong
stated that the fuel cost pass through was not an issue in
this particular case. That has been adopted by the Commission
as a rule of the Commission and in order to be changed, the
Commission would have to change its own procedural rules.
Mr. Strong also responded to a question from Council, that
not only the amount of the award but the method by which
that award is to be allocated will have a big effect on
consumers' bills. For instance, the method advocated by the
PUC staff even at $181,000,000 total revenue will cause a
larger increase to the residential class consumer than the
method the cities had recommended at the public hearing.
Various entities were involved in the hearing: Houston
Lighting and Power, PUC staff, City of Houston, City of
Baytown, Coalition of Cities, City of Lake Jackson, Texas -
New Mexico Power and Light, Dow Chemical, U. S. Steel,
Diamond Shamrock, TIEC (Texas Industrial Energy Cooperative)
which is a large group of industries that have formed a
cooperative and hired a law firm to represent them in matters
such as this, the Greater Houston Hospital Council, the
Committee for Consumer Rate Relief, The Department of Energy
and other intervenors who did not actively participate in
the hearing. The total list of intervenors were from 25 -30
parties. Each group was interested in what happened with
regard to its particular class service. Texas -New Mexico
Power had some interest in the residential rates and were
aligned with the cities on some issues, but basically, only
the cities and to some extent the PUC staff had any interest
as to what the residential rates were.
Wooster Emergency Corps - The Administration had been
advised by two very active members of the Wooster Emergency
Corps that due to non- participation the Corps is being
disbanded and that they are working with the Baytown Emergency
Corps to sell their equipment.
Sliplining - Presently, the City has two sliplining
contractors working. The one that was working in the
Whispering Pines area has completed that work and was scheduled
to begin work on Alexander Drive. An emergency situation
developed on Felton where a large area of the street caved
in. On an emergency basis, the Administration requested
that the contractor make those repairs which will require
some sliplining. The city will do the back filling and
restore the street. The cave -in occurred on Felton near its
intersection with Defee. While the contractor is in this
area, the lines for this area will be televised for fear
that much of this line may have deteriorated. There are
20923 -4
Minutes of the Regular Meeting - September 23, 1982
several places in the area where, near manholes, the street
is beginning to settle which is an indication frequently
that the sewer pipe is deteriorating.
Councilman Philips mentioned that water is standing in
the drainage ditch between Highway 146 and Alexander Drive.
Mr. Lanham stated that probably that would be the city's
responsibility and that area would need to be placed on the
city's program.
For the other sliplining contract, a work order was
issued to Naylor on September 13. The contractor has been
working on the line to remove line obstructions and materials
have been ordered. Installation of the liner should begin
about mid- October.
Craigmont /Ponderosa Water Line Replacement - The contractor
has begun replacing water lines in the Craigmont /Ponderosa
area.
Caldwell Street - Able Services has begun excavation of
Caldwell Street and a temporary roadway has been installed.
The storm sewer work has been done in preparation for paving.
1982 Street Improvement Program - Lime stabilization
has been completed on Gresham Street. The curb and gutter
between North Pruett and North Main has been replaced.
The contractor is going to bring a crew in to perform the
asphalt work on Ohio, Ridgeway, Pond Circle, Abbott and Barnes,
and other streets that will be ready by that time. The crew
will be working October 4. Pecan Manor, Cedar Avenue, Elton
Avenue, Bayou Avenue and Pecan Street have been resurfaced.
In response to a question from Council regarding removal
of excess dirt, Ed Shackelford with the Engineering Department
explained that the contractor had planned to remove all the
excess dirt towards the end of the project; however, if
there is a need to have the dirt removed, the contractor can
have it removed.
Councilman Philips stated that he could understand the
contractor desiring to optimize his profit and efficiency,
but somewhere in this, the City needs to look at what is
best for the city. At some point, the consideration must be
given to having the contractor complete work in one area of
the city and move to another rather than have the entire
town waiting to be cleaned up or waiting to be lime- stabilized.
Councilman Johnson pointed out that with the new paving,
the contractor could cause damage to the street if heavy
equipment is utilized to remove the dirt. Mr. Lanham stated
that the contractor would be contacted concerning removal of the dirt.
Drainage Work - Crow Road is eighty -five (85 %) percent
complete. Storm sewer pipe on East Homan has been installed
and that project is ninety -eight (98 %) percent complete.
The work being performed on Cedar Bayou Road across from the
Cedar Bayou School is sixty (6070) percent complete.
20923 -5
Minutes of the Regular Meeting - September 23, 1982
Questions /Comments Regarding City Manager's Report
Councilman Cannon mentioned that there was a sizeable
water leak at 101 Honeysuckle and that at 411 West Homan a
board fence had been erected between the water meter and
apartments which made it prohibitive for the owner to get to
the meter. The Administration will work on these problems.
Regarding the property at the corner of Sterling and
North Main, the Administration has written at least two letters
to the County Attorney's Office in an attempt to sell the
property with no response. The County's consent is required
before the property can be sold.
In response to Councilman Cannon's request that Cedar
Bayou Road be placed on the next list for street improvement,
Mr. Lanham mentioned that in order to completely rebuild the
street, a sizeable portion of the $500,000 allocated would
be required, and resurfacing the street has not been successful
in the past. In order to completely rebuild the street,
additional right of way would be required. Mayor Hutto pointed
out that when Spur 201 is completed, much of the traffic will
be diverted from Cedar Bayou Road.
The Administration is working on the billboard ordinance
and possibly a draft will be prepared by the next Council
meeting.
The City Attorney reported that no response had been
received from the Attorney General's office regarding
the Nolan Road Housing Project. However, since that office
did research information concerning the project in Houston,
this may clear the way on the City of Baytown's request for
an Attorney General opinion.
The abandoned vehicles on East Texas Avenue have been
removed, and a sale has been scheduled to clear the storage
area so that more vehicles can be stored there.
Consider Proposed Ordinance, Establishing Tax Rate for
1982 -83 Fiscal Year
The proposed tax rate for 1982 -83 fiscal year is the
same as last year - -$ .57 per $100 valuation. However, there
is a slight change in the way the tax revenue will be distrib-
uted between the General Fund and Debt Service Fund. The
proposed ordinance sets forth a distribution as follows:
1. To the general fund $ .4187 compared to $ .4251
last year;
2. To Debt Service for payment of bonded indebtedness
$ .1513 compared to $ .1449 last year for a total
of $ .5700.
The Administration recommended approval of the ordinance.
Councilman Simmons moved for adoption of the ordinance;
Councilman Philips seconded the motion. The vote follows:
20923 -6
Minutes of the Regular Meeting - September 23, 1982
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3459
AN ORDINANCE FIXING THE RATE AND TAX LEVY FOR THE CITY OF
BAYTOWN FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983, UPON
ALL TAXABLE PROPERTY IN SAID CITY OF BAYTOWN IN ACCORDANCE
WITH THE LAWS OF THE STATE OF TEXAS AND THE CHARTER PROVISIONS
AND ORDINANCES OF SAID CITY; AND REPEALING ALL ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT THEREWITH.
Consider Proposed Ordinance, Adopting City of Baytown Budget
for 1982 -83 Fiscal Year
The proposed ordinance would adopt the 1982 -83 budget for
the City of Baytown with the changes made by City Council during
budget work sessions. With those changes, there is a slight
percentage increase over what had originally been presented.
Council had instructed the Administration to change certain
proposed expenditures for parks equipment replacement from
Revenue Sharing to the City of Baytown Budget and some of the
items relating to contracts for service from the City of Baytown
Budget to Revenue Sharing. The total budget with these changes,
exclusive of Revenue Sharing is $30,521,936 for an increase over
the current year of 12.57 %. Some of the major changes in the
budget include cost of living increase of eight (8 %) percent
for employees, charging of garage costs to user departments,
equipment replacement and increased cost of landfill. The
water fund has increased a little over one million dollars and
one of the major reasons is that the West District Wastewater
Treatment Plant has been placed in service and another is that
the City expects to purchase almost 100% of its water from the
Baytown Area Water Authority. The $405,000 increase in General
Interest and Sinking Fund is a result of bonds that were sold.
The Administration recommended approval of the ordinance.
Mayor Hutto mentioned that the desire of City Council was
that an eight (8 %) percent salary increase bg included in the
budget for the City Manager.
Councilman Fuller moved for adoption of the ordinance;
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3460
AN ORDINANCE ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR,
BEGINNING OCTOBER 1, 1982, AND ENDING SEPTEMBER 30, 1983,
ACCORDANCE WITH THE CHARTER AND ORDINANCES OF THE CITY OF
BAYTOWN AND PROVIDING FOR THE PUBLICATION OF THIS ORDINANCE.
On behalf of all city employees, Mr. Lanham thanked Council
for its support and consideration.
20923 -7
Minutes of the Regular Meeting - September 23, 1982
Consider Proposed Ordinance, Adopting City of Baytown Revenue
Sharing Budget for 1982 -83 Fiscal Year
The changes requested by City Council have been made in
the proposed Revenue Sharing budget. During the budget process,
the Administration was notified that the expected amount would
be increased from approximately $620,000 to $665,558. The
Administration recommended approval of the proposed ordinance.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3461
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO APPROPRIATE SIX HUNDRED SIXTY FIVE THOUSAND
FIVE HUNDRED FIFTY EIGHT & N01100 ($665.558.00) DOLLARS
FROM THE UNAPPROPRIATED XIV ENTITLEMENT PERIOD FUNDS OF
GENERAL REVENUE SHARING, 1982 TO DESIGNATED BUDGET ACCOUNTS;
DIRECTING THE CITY CLERK TO FILE AND GIVE NOTICE OF THE
AVAILABILITY OF THE ADOPTED BUDGET; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
Consider Approval of Baytown Area Water Authority Budget
for 1982 -83 Fiscal Year
The Baytown Area Water Authority 1982 -83 Budget totals
$3,304,405. The proposed budget has been reviewed by the
BAWA Board and approval has been recommended by the BAWA
Board.
Councilwoman Wilbanks moved for approval of the Baytown
Area Water Authority Budget for 1982 -83 Fiscal Year; Council-
man Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consider Proposed Ordinance, Amending the Garbage, Trash and
Brush Ordinance to Increase Charge for Collection
The proposed increase in charge for collection was
recommended by the Administration as part of the budget
document given to Council at the end of July. The Administration
had recommended the increase in order to offset some of the
increase for solid waste collection and disposal. Even with
the proposed increase, it will be necessary during the year
to transfer from the General Fund a total of $422,534 in
order to balance the budget for solid waste. The Administration
felt that the City does provide an unusually good service
20923 -8
Minutes of the Regular Meeting - September 23, 1982
in this area and citizens have indicated that they desire to
have brush and garbage picked up on a scheduled basis. It is
necessary to increase costs to provide this service either
here or elsewhere.
Mayor Hutto stated that he felt that the City could not
charge citizens the amount of money that would be required to
put that operation on a paying basis. At the current level
of service the costs would be $10 -$11 monthly.
Mr. Lanham stated that he had heard from an individual
who previously lived outside the city limits and that person
paid $20 per month for this service.
Councilman Cannon mentioned that Council had just adopted
an ordinance setting a tax rate for 1982 -83 with no increase shown.
He stated that he recognized that overall this is part of that
consideration. For instance, a person with a $70,000 home based
on the tax rate and the increased cost for collection will realize
an increase of 5% percent over last year. To do anything else
would mean a cut in service. Councilman Cannon continued that
he felt that the city had a good budget and that he did not have
a problem with the overall net increase.
Mr. Lanham pointed out that there is a homestead exemption
which some of the citizens are receiving. Councilman Cannon
stated that he had not taken that into account.
Councilman Johnson moved for adoption of the ordinance;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3462
AN ORDINANCE AMENDING CHAPTER 14, "GARBAGE, TRASH, AND BRUSH",
OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN SETTING THE
CHARGE FOR COLLECTION; PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Authorizing Renewal for Group
Health and Life Insurance with Texas Municipal League
During budget work sessions, the Administration had
discussed with Council the fact that 250 increase in funding
had been included for insurance purposes. At that time no
notification of increase had been received from the carrier,
but the notification was received during the budget process of
an increase that was considerably more, but the staff has
worked with the carrier to bring the increase down close to
the 25 %.
Mr. Lanham mentioned that just today on the news the
information was given out that health care costs for the Houston
area had increased by 3.7% which is considerably more than the
costs nationwide.
20923 -9
Minutes of the Regular Meeting - September 23, 1982
Larry Patterson, Assistant City Manager, explained that
the original proposal that the City had received for Group
Health and Life Insurance indicated an increase of 49.60.
When Bill Martin from Texas Municipal League presented that
proposal, he stated that the City could probably drop that
increase considerably with some plan modifications. The
rating period at that time ran from June to June. Before
the staff got into discussions of plan modifications with
Prudential, another month's experience was obtained which
indicated that the City had had the worst month through
the course of the whole year. In July, approximately $97,899
was paid in claims which was more than what was previously
paid on a monthly basis. Previously, the average pay out on
a monthly basis was about $40,000. At the time rated the
City was given a 90% loss ratio, but if July had been
utilized the loss ratio would have been 107 %. With those
facts in mind, the staff began to discuss plan modifications.
Through those discussions, the staff was able to reduce the
increase to 28.9 %. The plan modifications include raising
of deductible from $100 to $150. The stop loss would be
changed from $2,500 to 80% of the first $5,000; 90% of the
next $5,000 and 100% after $10,000. There would be a family
aggregate of three per family which would be $150 for each
member and an SOS clause would be added which would mean
that if one went to a doctor and needed to have a surgical
procedure performed, if this procedure were performed in
a doctor's office or clinic, 100% of the costs would be
paid as opposed to a hospital visit where only 80% would
be paid.
Included in the packet which was prepared for Council
concerning health insurance, was a proposal to extend $50
payment on health insurance for retirees. For the fiscal
year 1982 -83, that would cost the City of Baytown approximately
$4,200. Council was presented with what the Administration
felt could happen in the next five years and in the worst
case if everyone who reached retirement age, retired at that
time, and elected to remain in the health insurance program,
the cost would be $22,800. However, most employees do not
retire when they reach retirement age; therefore, the staff
felt that a more reasonable estimate would be $10,800.
The City pays 100% premium on employees and 80% premium
for dependent coverage. The Administration recommended
approval of the proposed plan.
Council inquired concerning the Texas Municipal League
payment of 10 %. Mr. Patterson explained that included in
the proposed increase was 12% for margin in the event the
city was worse than trend. The staff felt that this was
not correct and bargained with the carrier to bring the
amount down to 10 %. What that means is that an additional
premium clause has been added. Of the 28.9% increase,
18.9 is paid directly to Prudential and 10% is paid to TML
that will be used to offset losses. The staff felt that if
the money were paid to TML, the league can get a higher
interest rate; therefore, the city would have more money
to offset future losses. If the city paid all the money to
Prudential, there would be no possibility of the city getting
any back. If the city has a good record during the year,
the city can get 10% back. The city's contract is with TML.
20923 -10
Minutes of the Regular Meeting - September 23, 1982
Many cities are participating in this system. TML took bids to
obtain a group rate and the best bid was that of Prudential.
Councilman Philips commented that the bottom line was
that the City had a package which was the lowest that could be
obtained. Mr. Lanham responded that he believed this was correct
based on the city's experience and projections for medical cost
increases in the Houston area.
Councilman Philips moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Mayor Hutto inquired if the Administration had investigated
the possibility of going out for bids for casualty for public
officials. Mr. Lanham responded that he had visited with
representatives of the Insurance Committee in this regard on
three occasions recently and they were aware of the Attorney
General's opinion that requires that bids be taken. The
Administration has also visited with a consultant who will be
giving the city a proposal to study the city's needs and to
develop a set of specifications to take bids. Possibly at the
next meeting the Administration will have a recommendation.
Mayor Hutto inquired if it would be possible to join with
TML to obtain bids for this type insurance. Mr. Lanham responded
that probably TML will bid. TML does have a package that they
have put together. Money was included in the budget to pay for
this type coverage.
ORDINANCE NO. 3463
AN ORDINANCE EXPRESSING THE DESIRE OF THE CITY COUNCIL TO
CONSIDER ITS PRESENT GROUP POLICY WITH TEXAS MUNICIPAL LEAGUE
INSURANCE TRUST FUND FOR LIFE INSURANCE, MAJOR MEDICAL BENEFITS,
AND BASIC MEDICAL BENEFITS FOR THE CITY OF BAYTOWN EXPLOYEES;
DIRECTING PAYMENT OF PREMIUMS; AND PROVIDING FOR THE EFFECTIVE
DATE.
Consider Proposed Ordinance, First Reading on General Telephone
Company of the Southwest Franchise
The first reading of General Telephone Company of the
Southwest Franchise was considered at the last Council meeting,
but Council felt that prior to considering the ordinance on
first reading, the proposed ordinance should be adjusted to
include a five -year reopener clause and provide for 2% franchise
fee. Those two changes have been made and those changes are
acceptable to the company. The Administration recommended approval
of the ordinance.
Councilman Cannon moved for adoption of the ordinance on
first reading; Councilman Fuller seconded the motion. The vote
follows:
20923 -11
Minutes of the Regular Meeting - September 23, 1982
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3464
AN ORDINANCE GRANTING THE RIGHT, PRIVILEGE AND FRANCHISE
TO GENERAL TELEPHONE COMPANY OF THE SOUTHWEST, GRANTEE,
AND ITS SUCCESSORS AND ASSIGNS, TO CONSTRUCT, ERECT, BUILD,
EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND
ACROSS THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS AND
PUBLIC GROUNDS OF THE CITY OF BAYTOWN, TEXAS, SUCH POSTS,
POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES,
STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION
OF TELEPHONE AND OTHER COMMUNICATION SERVICE AND FOR CONDUCTING
A GENERAL LOCAL AND LONG DISTANCE TELEPHONE BUSINESS;
PROVIDING FOR CONSIDERATION; FOR PERIODS OF GRANT; FOR
ASSIGNMENT; FOR METHOD OF ACCEPTANCE; FOR REPEAL OF CONFLICTING
ORDINANCES AND FOR PARTIAL INVALIDITY.
In response to discussion
Area Service, Floyd Myers with
the Southwest suggested that a
that the company can make a pr
of Council in this regard. Ha
for the Baytown area, stated t
with the City Administration a
several Council members had ma
provide data to Council on whi
recommended that rather than a
Council have a questionaire fo
several questions are asked of
because there are many areas t
company staff would work with
of Council concerning Extended
General Telephone Company of
work session be held in order
?sentation and answer questions
7dy White, Division Manager
iat the company needs to work
id perform the survey that
le reference to in order to
;h to base a decision. He
"yes or no" type inquiry that
.warded to the citizens where
the citizens of Baytown
iat are confusing. The telephone
:he city administration to
develop a questionaire that people could understand. Council
requested that the Administration arrange a work session in
November with representatives of General Telephone Company
of the Southwest.
Consider Proposed Ordinance, Setting Time and Place for
Public Hearings on Proposed Annexation of U. S. Steel
Properties
The proposed ordinance schedules public hearings on the
proposed annexation of U. S. Steel properties for October 14
at 7 :00 p.m. at City Hall in the Council Chamber and 5:30
p.m. at the Administration Building of U. S. Steel plant
site. A map was posted in the Council Chamber which depicted
the area being proposed for annexation. The Administration
recommended that Council only consider annexation of the
land between the City of Baytown's existing city limits and
the plant itself, not the entire 15,000 acres. The proposed
annexation would include the plant, plate and pipe mills.
The City Attorney pointed out that the ordinance included
in the Council packets contained an abbreviated set of field
notes, but since that time a detailed set of field notes has
been prepared and is attached to the proposed ordinance. The
Administration recommended approval of the ordinance.
20923 -12
Minutes of the Regular Meeting - September 23, 1982
Councilman Cannon moved for adoption of the ordinance;
Councilman Johnson seconded the motion.
The City Attorney inquired if U. S. Steel Corporation decided
to sign the Industrial District Agreement between now and the
time of the hearing, would Council be in agreement to cancel
these hearings. Council concurred that that was the understanding
of Council in the beginning. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3465
AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR THE PUBLIC
HEARINGS ON THE PROPOSED ANNEXATION OF THE UNITED STATES
STEEL PLANTSITE; DIRECTING THE PREPARATION OF A SERVICE
PLAN; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH
NOTICE OF SUCH PUBLIC HEARINGS; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Consider Authorizing Bernard Johnson Inc. to Prepare Design
of Phase I - Radio Communication System
Council has indicated a desire to move ahead as quickly as
possible on improvements to the city radio system and in
particular the Police Radio System. Council approved the study
performed by Bernard Johnson Inc. The fact that the work
proposed could be divided into phases was discussed and during
the budget work sessions, $530,000 was included in the budget
for Phase I -- radios for the police department, foundation work,
upgrading of the microwave system and additional microwave system,
additional remote receiver site and remote receiver site improve-
ments. The Administration would like to have the engineers begin
work on preparation of the plans and specifications for Phase I.
The contract with Bernard Johnson provides that the cost for
Phase I is $16,000 which is to be paid in a lump sum amount.
The engineers are prepared to start the work and the money is
now appropriated; therefore, the Administration recommended that
Bernard Johnson be authorized to proceed with Phase I.
Councilman Philips moved that Bernard Johnson Inc. be
authorized to proceed with Phase I of the Radio Communication
System; Councilwoman Wilbanks seconded the motion.
In response to questions from Council, Mr. Lanham stated
that site location is part of the study. The engineers have
tentative sites in mind. Council would make the final site
selection. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
20923 -13
Minutes of the Regular Meeting - September 23, 1982
Consent Agenda
Councilman Simmons pointed out that the ordinance which
had been forwarded to Council concerning Consent Agenda Item
13a provided an incorrect amount. The City Attorney stated
that that amount would be corrected to $9,991.
In response to questions from Council, Jerry Fletcher,
Community Development Director, stated that the maximum
amount that may be expended toward the rehabilitation of a
residence is $10,000 exclusive of change orders. Owners
must meet income requirements and ownership requirements.
Previously HUD had established location requirements, but
has since removed those restrictions so that rehab money can
be expended throughout the city. An applicant must have
resided in and owned the home for two years before qualifying
for assistance under this program. The Community Development
Division of the city obtains a copy of the deed and scrutinizes
the application facts very carefully before recommending
approval of an application to the Community Development
Board. With the three projects before City Council, 48
houses will have been rehabilitated through this program.
The staff does do follow -up work on the homes to be assured
that the work performed was of good quality. In most
cases, the persons whose homes have been refurbished have
resided in the homes for 15 years or more and in many cases
the persons are elderly one - person households. Income
restrictions are not liberal. A one - person household income
is restricted to approximately $5,500 and the maximum is
$16,500 for a seven - person household. There is a ten (10 %)
percent change order provision on the contracts so that
there is a possibility of up to $1,000 in change orders.
Mr. Lanham pointed out that on most of these there are
change orders.
In order for the program to perform any rehab work in
Brownwood, the homeowner would need to carry flood insurance.
HUD would allow Community Development to purchase the flood
insurance, but since Community Development would be making a
considerable investment, Mr. Fletcher felt that the homeowner
should purchase flood insurance. Mr. Lanham mentioned that
this particular program is very difficult to administer, but
it is necessary to have a housing element in order to obtain
community development funding. He concluded that Mr. Fletcher,
the Community Development staff and the Community Development
Advisory Board have done a good job administering this
program. Baytown has had minimal problems with this program
in comparision to other cities.
Council considered the Consent Agenda as follows:
a. Proposed Ordinance No. 20923 -8, will award the
contract for the rehabilitation at 3117 Ohio
Street. Five (5) bids were received. Harris
County Construction submitted the low bid of
$9,991.
The Community Development Advisory Committee
recommends the low bidder, Harris County Construction,
be awarded this contract.
20923 -14
Minutes of the Regular Meeting - September 23, 1982
b. Proposed Ordinance No. 20923 -9, will award the
contract for the rehabilitation at 1010 N. First
Street. Five (5) bids were received. Ed Shook
submitted the low bid of $6,434.
The Community Development Advisory Committee
recommends the low bidder, Ed Shook, Inc. be
awarded this contract.
C. Proposed Ordinance No. 20923 -10, will award the
bid for the rehabilitation at 704 Yupon Street.
Five (5) bids were received. Ed Shook, submitted
the low bid of $4,960.12.
The Community Development Advisory Committee
recommends the low bidder, Ed Shook, Inc. be
awarded this contract.
d. Proposed Ordinance No. 20923 -11, will authorize
Change Order No. 5 to Contract No. 4 - the West
District Sewer Improvement. This Change Order
represents an underrun of $26,888.07. The underrun
is due to extra quantities of various materials
provided for in the contract which were not used.
The City's final cost for this project was $1,042,430.93.
We recommend approval of Proposed Ordinance No.
20923 -11.
e. Proposed Ordinance No. 20923 -12, will establish a
mid -block crosswalk on Park Street near Ashby
Street. The location of this crosswalk is approximately
1,500 feet east of the Park Street intersection
with Bayway Drive. Enclosed in the agenda packet
is a map of the proposed crosswalk. The Exxon
Chemical Company will install all signing and
pavement markings necessary. The crosswalk will
connect any existing parking area with a job site
on the south side of the park.
This is a recommendation of the Traffic Commission.
f. Proposed Ordinance No. 20923 -13, will award the
contract for the sanitary sewer construction at
Thompson Road and IH -10. Four (4) bids were
received on the 6 ".sewer and the alternate 10"
sewer. Steed Holland submitted the low bid on
each item (6" - $31,350 and 10" - $34,450).
The developer for Love's Truck Stop is responsible
for funding, prior to construction, the amount
necessary to construct the 6" sanitary sewer. The
City would fund the difference between the cost of
the 6" and the 10" sanitary sewer ($3,100).
We recommend the low bidder, Steed Holland Co., Inc.
of Baytown, be awarded this contract for the alternate
bid for the 10" sanitary sewer.
20923 -15
Minutes of the Regular Meeting - September 23, 1982
g. At the past Council Meeting, Council considered a
request of Mr. Paul C. Govro at 412 South Road for
sewer service. Mr. Govro also asked in the enclosed
letter that he be allowed to tap into the City's
water line. Water service is available at his
residence on South Road.
We recommend approval of Mr. Govro's request for
water service.
h. R. L. Baker, 4123 Crosby Cedar Bayou has requested
water service from the City of Baytown. Mr. Baker
will be required to lay approximately 1,000 -
1,300 feet of pipe to tie into the City's water
line on Hardin Road. Mr. Baker is in agreement
with this requirement.
We recommend approval of Mr. R. L. Baker's request
for water service.
Councilman Philips moved for approval of the Consent
Agenda Items a through h; Councilman Simmons seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3466
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT #82 -04 -03 TO HARRIS COUNTY CONSTRUCTION
FOR THE SUM OF NINE THOUSAND NINE HUNDRED NINETY ONE & N01100
($9,991.00) DOLLARS. (Proposed Ordinance No. 20923 -8)
ORDINANCE NO. 3467
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT #82 -04 -01 TO ED SHOOK BUILDING CONTRACTOR,
INC. FOR THE SUM OF SIX THOUSAND FOUR HUNDRED THIRTY FOUR &
N01100 ($6,434.00) DOLLARS. (Proposed Ordinance No. 20923 -9)
ORDINANCE NO. 3468
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT #82 -04 -02 TO ED SHOOK BUILDING CONTRACTOR,
INC. FOR THE SUM OF FOUR THOUSAND NINE HUNDRED SIXTY & N01100
($4,960.12) DOLLARS. (Proposed Ordinance No. 20923 -10)
ORDINANCE NO. 3469
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 5 WITH McKEY
CONSTRUCTION & EQUIPMENT, INC., FOR THE CONSTRUCTION OF
WEST DISTRICT SEWAGE CONVEYANCE SYSTEM AND EFFLUENT FORCE MAIN
PROJECT, CONTRACT NO. 4; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF. (Proposed Ordinance No. 20923 -11)
20923 -16
Minutes of the Regular Meeting - September 23, 1982
ORDINANCE NO. 3470
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE DESIGNATION OF A CROSSWALK ON PARK STREET;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
(Proposed Ordinance No. 20923 -12)
ORDINANCE NO. 3471
AN ORDINANCE ACCEPTING THE BID OF STEED - HOLLAND CO., INC.,
FOR THE SANITARY SEWER PROJECT AT THOMPSON ROAD & I -10, AND
AUTHORIZING THE CONTRACTING OF INDEBTEDNESS BY THE CITY FOR
THE SUM OF THIRTY FOUR THOUSAND FOUR HUNDRED FIFTY & N01100
($34,450.00) DOLLARS WITH REGARD TO SUCH AGREEMENT; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance
No. 20923 -13)
For tabulations, see Attachments "A" and "B."
Consider Appointments to Clean City Commission
These appointments will be made at a later meeting.
Consider Appointment to Local Board of Trustees - Volunteer
Firemen
Councilman Simmons moved to reappoint Mr. Leonard Derden to
the Local Board of Trustees - Volunteer Firemen; Councilman
Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Recess into Executive Session to Discuss Contemplated Litigation
Mayor Hutto recessed the open meeting into executive session
to discuss contemplated litigation. When the open meeting recon-
vened, Mayor Hutto announced that no business had been transacted.
Adjourn
There being no further business to be transacted, the meeting
was adjourned.
yza�
— " -, �'a 10, Eileen P. Hall, City Clerk
TlTL E: Housing Rehabilitation Projects
�.. ��
B1D� _.�24 _
DATE August 31 , 1981
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BrD TABULATI DN Attachment "A"
Prosper
Bros. Const. Carter's Floors
IBA Const. "Harris Cpunty Const. Ed Shook, Inc.
ITEM
QTY
DESCRIPTl�N
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1
Project 1182 -04 -01
$320.00
6r58,�.00
] 000.00
6;4,�
,052.25
1010 N. First
2
Project 1{82 -03 -02
No Bid
5,385.00
5,000.00
4,860.12
7,070.00
704 Yupon
��
3.
Project /l82 -04 -03
No Bid
9 991.00
1Of000.00
10000.00
34,500.®
3117 Ohio
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