1982 12 09 CC Minutes4
21209 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 9, 1982
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, December 9, 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 It. 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 for approval of the minutes
for the meeting held November 22, 1982; Councilman Simmons
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
Houston Lighting and Power - Council had been furnished
with information from Houston Lighting and Power Company
regarding fuel cost adjustment. Included with this information
was information over nine months. The information provided
reflected a decrease for December to $76.54 compared to
$78.01 for November.
Randy Strong, City Attorney, explained that the Public
Utilities Commission has proposed to eliminate the fuel
adjustment provision in the sense that it will no longer be
a separate item on the bill. Effective April 1, 1983, no
automatic adjustment recovery costs used in the generation
of electric power may be allowed in the tariff for electric
21209 -2
Minutes of the Regular Meeting - December 9, 1982
utilities. In that same amendment to the PUC rules, provision
is made for quarterly hearings where the utility will be
required to make a quarterly filing to the PUC with a hearing
type process where the parties will appear to justify fuel
costs. There will continue to be adjustments, but on a
quarterly basis. Tentatively, the PUC has set a hearing for
January to talk about these provisions. The City Attorney
will attend this hearing to determine if the city can lend
any input. However, he felt that in order for the cities to
be effective at these quarterly hearings, the cities would
need to be privy to market information concerning the cost of
fuel and the costs of fuel that may be available to HUP.
Commerce Street - The Administration would like to
restripe Commerce Street from West Gulf to Williams Street
to two lanes plus a continuous turn lane. Council had no
objections.
Insurance Study - Council scheduled a work session for
5:00 p.m. on Tuesday, January 4 and a special meeting for
the same day at 6:30 p.m. to discuss the city's insurance
needs and authorize advertisement for bids.
Sliplining - Three sliplining projects are in progress - -along
Alexander Drive, 275 feet of eight -inch liner remains to be
completed. With respect to the work along East Texas and
Roseland Oaks area, the work is underway on the six -inch
line and 1,290 feet has been sliplined. About fifty -two
(520) percent of the adjusted contract has been completed.
Between Ridgeway and Katherine Streets in Brownwood Subdivision,
154 feet of six -inch sewer has been installed and 668 feet
of eight -inch sewer. About forty -seven (47 %) percent of the
contract has been completed. The contractor expects to have
the entire project completed by December 17.
1982 Street Improvement Program - Asphalt work has been
completed on Harding, West Wright, Cornell, North Jones, and
Layton. On West James, the contractor has completed the
concrete work. The entire contract is more than eighty
(80 %) percent complete.
Councilman Philips commented that the contractor on
East Texas appears to have completed the work for that area,
but there remains guard lights, barricades and a surplus of
materials off in the drainage ditch.
Caldwell Street - The contractor has completed work on
driveways and all curbs have been installed. Cleanup remains
to be completed.
Craigmont /Ponderosa Waterline Replacement - All the
four, six and eight -inch pipe has been laid and the contractor
is very busy with cleanup. The two -inch pipe remains to be
installed, along with all service connections, pressure
testing, water sampling and final cleanup. The engineer has
emphasized in a letter to the contractor that the excess
dirt does need to be removed.
Drainage - Katherine and Houston Streets have been
completed and Austin Street is about fifty (50 %) percent
complete. The city staff has completed plans for the super
ditch and the flood control district will be responsible for
advertisement to receive bids.
21209 -3
Minutes of the Regular Meeting - December 9, 1982
Fire calls in county - As Council had requested, Mr.
Lanham had utilized the operating budget of the City of
Baytown Fire Department for 1981 -82 which was $2,424,000,
but he had not amortized the fire department equipment or
fire stations. In the year 1981, the City made a total of
1,081 calls and of that number, 1,004 were inside the city
limits; 77 were outside with 71 being in Harris County and 6
in Chambers County. By dividing 1,081 into the total budget,
one gets $2,242 as the costs per call. Multiply that times
1,044, the city's share would be about $2,125,000. Harris
County's share would be a little less than $160,000.
Chambers County's share would be a little less than $13,500.
In looking at the Texas Towns and Cities article, none of
the cities appeared to be paid on this basis. Mr. Lanham
mentioned that there is a trend downward in the number of
out of city calls which may be attributed to the fact that
the city has annexed areas in county.
Councilman Simmons mentioned that Fire Marshal Pruett
had appeared before Harris County's Budget Review Committee
last week. At that time, Mr. Pruett did acknowledge that
the cities are unhappy, but there is a formula that is being
utilized which provides a base figure to all entities and
then $50 for structural fires and $25 for non - structural.
rsr. Pruett's budget included $500,000 for fire service
contracts. The committee has acted on this request.
Councilman Fuller pointed out that probably most fires
in county would be of a non - structural nature rather than
structural fires that would occur in a high density city.
Mr. Lanham responded that in 1981, the county paid for 3
structural fires, 37 non - structural fires, 26 emergencies
and 5 mutual aid.
Councilman Simmons explained that the Fire Marshal did
state that some of the entities receiving the $6,000 base
may be receiving an excessive amount. Nor. Pruett has stated
that next year, the question will be addressed more realistically.
In response to an inquiry from
Councilman Simmons stated that since
been considered by the Budget Review
it would be too late for Council to
change.
Questions and Comments of Council
Councilman Philips,
this budget has already
Committee, he felt that
make a request for
Councilman Cannon inquired if the Administration had
received a petition concerning an on- premise beer license at
the corner of Baker and Main. The Administration had not
received a petition but there had been an inquiry concerning
the application and the party inquiring did state that a
petition would be filed.
21209 -4
Minutes of the Regular Meeting - December 17, 1982
Hold Public Hearing on Appeal by Tracy Gorden, dba Gorden's
Wrecker Service from Decision of Auto Wrecker Committee
(7:00 p.m.)
Mayor Hutto called the hearing to order and requested
that those who signed the register to stand to be sworn.
Bob Walton, Chairman of the Auto Wrecker Committee, and
Denzil Shirley, wrecker owner /operator were sworn. Since
Mr. Gorden had initiated the hearing, he was not required to
sign the register, but the Mayor asked that Mr. Gorden stand
to be sworn. After Mr. Gorden was sworn, Mayor Hutto requested
that Council review the memorandum from the Assistant City
Attorney, Daniel R. Jackson, which is attached to the minutes
as Attachment "A." Council had also been furnished with a
copy of the minutes of the Auto Wrecker Committee dated
November 9, 1982.
After the memorandum was throughly reviewed, Mayor
Hutto called upon Mr. Tracy Gorden, owner of Gorden's Wrecker
Service, who stated that the reason that he had elected to
appear before City Council was because he was trying to open
his own business. He stated that he was born and raised in
Baytown and called Baytown home. Mr. Gorden had been in
Houston for the past six years driving a wrecker, but had
moved back to Baytown. He stated that he had been before
the Auto Wrecker Committee to apply for a wrecker permit
which application was denied. He felt that his Constitutional
right to work had been violated. Also, Mr. Gorden felt that
since the Constitution states that everyone has been created
equal, by denying Mr. Gorden's application, the Committee
said that he was not equal with the other men who have
licenses. Mr. Gorden stated that the Committee had stressed
that he represented the new Buick dealership in Baytown,
Reading Buick. He stipulated that the reason Reading Buick
is painted on the truck is because he would represent the
Buick dealership. In Houston this is a common practice
as a method of advertisement and he felt that this was his
freedom of choice if he elected to have a contract with the
dealership and should not enter into whether a license to
operate should be granted. Mr. Gorden again emphasized that
his reason for appealing to City Council is that he felt
that his Constitutional rights have been denied. The only
thing he is asking is the right to work and support himself.
In response to an inquiry from Councilman Cannon, Mr.
Gorden stated that he did not intend to work only for Reading
Buick. He would be representing the dealership, but the
wrecker service belonged to him and he would be picking up
cars that need servicing by the company. He mentioned that
he needed all the business that he could get and that he
desired to be placed on the City of Baytown's rotation list.
Councilman Johnson mentioned that the Auto Wrecker
Committee had denied another dealership a permit and requested
that when Bob Walton spoke that he would address that.
Mr. Gorden stated that he had a contract with Reading
Buick which stipulated that at any time there is a disagreement
between he and Mr. Reading with fifteen (15) days notice,
the contract will be dissolved. This is another reason that
he needs to be placed on the rotation list. This would be
another means of income.
21209 -5
Minutes of the Regular Meeting - December 9, 1982
Councilman Cannon inquired if Mr. Gorden owns a wrecker.
Mr. Gorden stated that he owns a wrecker which has been
completely rigged out and inspected by the Baytown Police
Department. The wrecker must be inspected prior to filing
the application.
Councilman Fuller pointed out that Mr. Gorden could
operate his wrecker within the city without a permit. The
only permit required is to appear at the scene of an accident.
Councilman Philips explained that the reason that the
city had an ordinance regulating wreckers appearing at the
scene of an accident is because in the past there were too
many wreckers which were unregulated and the public demanded
protection. The ordinance is not to encourage a hardship
or to deny anyone the Constitutional right to work. He
mentioned that Mr. Gorden has many other ways to utilize
his wrecker. The rotation list is only one facet of the
wrecker business.
Mr. Gorden stated that from what he understood, the
rotation list is the main source of income to wreckers in
Baytown. Most of the small mechanic shops own their own
wrecker and are not willing to have an independent wrecker
haul for them.
Councilman Philips stated that the wrecker committee has
indicated that in its opinion there are not an excessive
number of wreckers on the rotation list.
Mr. Gorden mentioned that one of the operators on the
rotation list operates out of Chambers County; therefore,
it would seem that Baytown must need more wreckers if those
out in the county are allowed to operate off the rotation
list.
Mayor Hutto explained that before one can obtain a
permit, a determination is made as to necessity and convenience
to the public that additional permits be issued. That is
the basis on which Mr. Gorden's permit was denied. There
was no evidence that there was a necessity to issue another
permit nor inconvenience to the public.
Mr. Gorden pointed out that Baytown is growing and
mentioned that at the hearing before the wrecker committee,
the fact that the water plant, truck stop and dealership
were to be annexed was mentioned.
Mr. Lanham provided Council with figures for the month
of November which indicated that the Police Department dispatched
155 wreckers from the rotation list which represents 5.7 per
24 -hour period. There are five wrecker companies on the
list.
Councilman Philips stated that that does not indicate
a great need and to put another wrecker on the list would
reduce that average even less.
Mr. Gorden responded that one car a day would mean
seven a week.
21209 -6
Minutes of the Regular Meeting - December 9, 1982
Councilman Simmons stated that it had been pointed out in
the minutes that there are other wrecker operators who would
like to make application.
Bob Walton, Chairman of the Auto Wrecker Committee, stated
that his only intent was to review with Council the points con-
sidered by the Committee in denying the application for permit.
Mr. Walton provided Council with points considered in Tracy Gorden
permit denial. A copy of Auto Wrecker Committee Review Notes is
attached to the minutes as Attachment "B." After having reviewed
the notes with Council, Mr. Walton stated that it was the
opinion of the Auto Wrecker Committee at the hearing held before
the Committee that there was not sufficient need for an additional
permit at this time. He pointed to the fact that although there
are five companies on the list, there are nineteen wreckers which
are available to serve the public and the present wrecker holders
are prepared to permit more if necessary. Mr. Walton ended his
presentation by stating that the items listed are the items on
which the Committee based its unanimous decision to deny the permit.
Councilman Johnson inquired if each wrecker was required to
be permitted. Mr. Walton responded that the first permit to get
on the rotation list costs $125 and each permit for that company
thereafter costs $25. The company is listed on the rotation list
only one time. Mr. Walton stated that the Committee did point
out to the applicant that he could tow in the city without a permit.
However, a permit is required to tow from the scene of an accident.
In response to an inquiry from Council, Mr. Walton explained
that only permitted wreckers are regulated with regard to charges
and that is only from the scene of an accident. If the wrecker
:is called by an individual, the fee is negotiated between the
wrecker owner /operator and the customer.
Mr. Lanham explained that the ordinance, for several years,
placed no limit on the number of permits which could be issued.
At one time, there were more than 30 permits. Some wrecker owners
had a dozen wreckers with a dozen permits and were on the rotation
12 times.
Mr. Walton stated that at one time there was a move to get
39 permits and have all 39 on the rotation list. That was one
reason that the ordinance was modified. Mr. Walton stated that
if for some reason, one of the permit holders was removed from
the list, the Committee would consider putting another wrecker
on the list.
Councilman Simmons mentioned that the fact that Mr. Gorden
does not have a permit with the city would not preclude him from
performing wrecker service for the Buick dealership.
In response to an inquiry from Council, Mr. Walton stated
that there have been rumors that persons are waiting to attempt
to be permitted, but the only applicant in the last year was Taylor's
application to haul for Ron Craft Chevrolet. This would have put
Taylor on the list twice- -once for his own company and once for
Ron Craft. The Committee denied that request and the company did
not appeal to Council. Mr. Walton stated that the Committee
does not have a waiting list at this time, but there are definite
rumors and the Committee feels that once a wrecker is added, there
will be numerous applicants. Mr. Walton pointed out that at no
time has a citizen of the City of Baytown been inconvenienced due
to a wrecker not being available. Those wreckers now on the
rotation list were grandfathered in under the new ordinance.
Pa
21209 -7
Minutes of the Regular Meeting - December 9, 1982
Procedures were simplified to allow renewal without the
Committee having to meet. Councilman Cannon stated that
he felt there should be some guidelines for increasing the
rotation list. Mr. Walton stated that at present there are
no hard fast guidelines. The Committee has been considering
information furnished by the Police Department in determining
whether there is a necessity for additional wreckers.
Denzil Shirley, owner of Shirley's Wrecker Service, stated
that he did not feel that this was a matter of Constitutional
right. It appeared to him that the wrecker companies were
acting as a public utility. In fact, the city is at liberty
to put its own wreckers into service. It is not a matter of
the city being in a position that it must allow wreckers to
be permitted. The reason that there are only five wrecker
operators is that back when the wrecker companies were con-
tracting with the various dealers, other companies were
eliminated due to the intense competition. If this practice
is reinstituted, Mr. Shirley felt that there would be at least
forty permits on the list.
Mayor Hutto inquired if in Mr. Shirley's opinion, the
wreckers currently permitted could take care of the needs of
the citizens of Baytown. Mr. Shirley responded that he
personally had enough drivers and enough wreckers to take
care of the entire city. Mr. Shirley emphasized that work
from the rotation list was minimal in comparison with other
wrecker duties and that if Mr. Gorden operated one wrecker,
he would be unable to make calls one -third of the time.
Again, Mr. Shirley emphasized that it was not a Constitutional
right to be on the rotation list. He mentioned that the city
has the right to operate its own wrecker service. The
wrecker owner /operators are acting as a public utility.
Dickey Dunman, operator of Dickey's Wrecker Service,
was sworn by Mayor Hutto and testified that the present
rotation system has been in operation for two years and that
he had never been called out by the Police Department without
having unloaded before being called out again. He verified
that with one wrecker, one could not wait for a police
department call and stated that the police department could
verify that he had missed calls for that reason. Mr. Dunman
ended his presentation by stating that rotation just does
not move fast enough to depend on that as a sole means of
income.
Councilman Johnson inquired if Mr. Dunman was saying
that a man with one truck would miss a number of calls if
he's working other jobs. Mr. Dunman responded in the
affirmative.
Mayor Hutto stated that it appeared that everyone present
who desired had had an opportunity to speak and unless there
was someone else present who desired to speak, the hearing
would be closed. No one else indicated a desire to speak.
Councilman Philips moved to uphold the decision of the
Auto Wrecker Committee in this instance, realizing that the
Committee has looked into the application in depth and it
appeared that there is not really enough business at this
time to warrant another permittee; Councilman Fuller seconded
the motion. The vote follows:
21209 -8
Minutes of the Regular Meeting - December 9, 1982
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consider Proposed Ordinance, Establishing Regulations for
House Leveling
Mr. Lanham explained that this ordinance was placed on the
agenda and had been recommended by the Administration to deal
with problems created as a result of unregulated house leveling.
Presently, there is no permit issued, nor does the city inspect
the work. The procedure utilized for leveling is to raise
portions of the foundations that have settled with jacks and
pump grout under the house to fill the void. What has happened
in one particular instance is that the grout was pumped into the
city's sewer system and also the sewer line going to the house.
The grout hardens to the consistency of brick or rock; therefore,
the Administration felt that there is a definite need to regulate
house leveling. An ordinance was developed which is based on
ordinances of other cities in the area to help guard against
this type problem. The ordinance will regulate the activities
of slab leveling only.
In response to an inquiry from Council, Jack Cramer, Chief
Inspector, explained that for those homeowners who desire to
level their own homes, a homeowner's permit would be issued.
The ordinance will provide for issuance of permits, inspection
and the placement of a $10,000 bond to protect the homeowner
and a $20,000 bond to protect the city.
Councilman Cannon moved for adoption of the ordinance;
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Piayor Hutto
Nays: None
ORDINANCE NO. 3527
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN PROVIDING FOR THE REGULATION OF HOUSE LEVELING;
REQUIRING BOND OR INSURANCE OF HOUSE LEVELERS; PROVIDING A
PERMITTING PROCEDURE; CONTAINING A SAVINGS CLAUSE; REPEALING
CONFLICTING ORDINANCES; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED & N01100 ($200.00) DOLLARS; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Approving Ambulance Contract
Larry Patterson, Assistant City Manager, mentioned that the
proposed contract is an extension of the present contract for
another twenty -four month period. There have been a few wording
changes to bring the contract into conformance with what present
practices are and the contract has been modified to eliminate
regulation by the city of all services except emergency services.
The proposed contract provides for modification of fee schedule
in three instances:
21209 -9
Minutes of the Regular Meeting - December 9, 1982
(1) Emergency Ambulance Service base fee for transporting
one person to the hospital is $50. The reference
to $ .75 per mile charge is no longer in effect
and will be deleted.
(2) The charge for waiting in excess of fifteen minutes
increases from $20 per hour to $40 per hour. Mr.
Navarre emphasized that this charge would never
be assessed in the case of an emergency situation.
(3) The charge, if any, for unfounded request for
service is to be increased from $21 to $25. Mr.
Navarre indicated as a matter of practice this
charge is not extended if the call is legitimate
by a person who incorrectly assessed the situation.
Mr. Navarre indicated a base rate increase would not be
necessary at this time, but is probable at some point in
the future. The Administration recommended approval of the
contract.
Councilman Simmons 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. 3528
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
AND CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST
TO A CONTRACT BETWEEN BAYTOWN AMBULANCE COMPANY, INC. AND
THE CITY OF BAYTOWN PROVIDING FOR EMERGENCY AMBULANCE
SERVICE AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Establishing a School Speed
Zone for Baytown Junior High
Temporary school zone signs are in effect for Baytown
Junior School. Council did consider this matter at a meeting
4 -6 weeks ago and at that time there were people at the
Council meeting, including a member of the school board who
requested that the school speed zone be restored on a
temporary basis to allow the school board time to consider
this matter and make a recommendation. Council had been
furnished with a copy of a letter from Superintendent Clark
in which a recommendation is made that a school speed zone
be established for Baytown Junior School. Since receipt of
the letter, Mr. Lanham had telephone contact with Mr. Clark
at which time Mr. Clark requested that consideration be
given to some type of flashing signal at this location.
21209 -10
Minutes of the Regular Meeting - December 9, 1982
Bill Cornelius, Director of Planning and Traffic, reported
that students of the Middleton Road area do have bus service
available. Junior High students would be picked up first
in the morning and dropped off last in the evening. Elementary
students would be picked up last in the morning. If the
elementary students catch a 2:30 p.m. bus, they are dropped
off first in the afternoon and if they catch a 3:30 p.m.
bus, they would be dropped off last. Observations of
students crossing Bayway indicated seven crossings with
four of the seven crossings being performed by one person.
Estimated cost for two interconnected roadside mounted
flashers would be $9,850. Maintenance cost per year would
run approximately $1,500. These type devices are placed on
the road shoulder fairly close to the traffic which means
that the devices are hit by traffic. Council will need to
take formal action sometime within the next few weeks since
temporary signs are only authorized for 90 days.
Councilman Philips stated that perhaps the school could
be contacted with regard to rerouting of the school bus for
this area; Councilman Fuller pointed out that the letter also
referred to traffic problems.
Councilman Philips suggested that perhaps no action should
be taken at this time, other than to suggest that the school
install and maintain the flashing lights.
Mayor Hutto stated that the first thing that Council
needed to determine was if a school zone is needed for this
location. If Council determines that a school zone should
be established, then signs, as well as flashing devices should
be installed.
Council considered if signs were erected what should be
the time to establish the school zone. Councilman Johnson
stated that in his work, he has an opportunity to drive through
four school districts and each have different times established.
Councilman Fuller pointed out that school hours are not always
consistent. There are days that school is not in session
for one reason or another. Mr. Lanham pointed out that the
signs specify "on school days." Also, in Baytown the attempt
has been made to be uniform. All school zone signs are
from 7:15 a.m. to 9:15 a.m. and 2:00 p.m. to 4:00 p.m.
Mayor Hutto stated that he didn't know if that was
necessary since Baytown is surrounded by other districts that
have varying times for school zones. In Pasadena, on Richey
with four lanes of traffic, there was such a problem that a
flashing light was installed and a crossing guard provided.
Mayor Hutto emphasized that the city would be expending a
large amount for this installation.
Mr. Lanham informed Council that the temporary signs could
remain for another 45 days under provisions of State statute.
Councilman Philips inquired if Council would want to ask
the school board to consider paying for this or sharing in
the costs.
Mr. Lanham pointed out that there may be other places where
the need is greater.
21209 -11
Minutes of the Regular Meeting - December 9, 1982
Mayor Hutto pointed out that buses are available for
the children and if those children would be going to the old
Baytown Junior School site, the riding time would be even
greater.
Mr. Lanham inquired if Council would like to take no
action and have the Administration bring the matter back to
Council.
Mayor Hutto encouraged Council to act on the matter.
Councilman Johnson moved to establish a school zone for
Baytown Junior School with flashing lights from 7:00 a.m. to
8:00 a.m, and 3:00 p.m. to 4:00 p.m.; Councilman Cannon
seconded the motion.
Councilman Philips stated that he still felt that the
school board should be contacted with regard to sharing in
this cost.
Mayor Hutto stated that Council would be expending
$10,000 at this location and there may be other locations
where the need is just as great. Council would then have to
consider those requests.
Council discussed establishing school zone signs with
the different times indicated. Mr. Lanham pointed out at
that particular location, there are two schools -- Baytown
Junior School and Travis Elementary. He was not aware of
whether the times indicated would be in conflict.
Councilman Philips pointed out that the children could
cross at any point on Bayway and there would be no way to
control all access. Councilman Johnson withdrew the motion.
Mayor Hutto suggested that the Administration contact
the school and provide the information gathered concerning
students crossing Bayway and inquire if the school would be
interested in sharing the expense; Council concurred.
Councilman Cannon stated that as long as Council was
discussing signs he would ask the Administration to look at
one problem area, coming in from Houston on Decker Drive,
the other side of the Exxon Station at Bayway, there is
nothing to keep those exiting that station from traveling
the wrong way down Decker Drive. Mr. Lanham stated that the
Administration would be in contact with the State in this
regard.
Councilwoman Wilbanks pointed out that the emphasis of
the letter from the school board seemed to be toward vehicular
traffic and perhaps the school district could help by giving
figures in that regard.
Mayor Hutto stated that he had been under the impression
that buses would be using Caldwell Street. Mr. Lanham
responded that the street has not been opened for public use
yet. Council took no formal action.
21209 -12
Minutes of the Regular Meeting - December 9, 1982
Consider Proposed Ordinance, Awarding Bid for Purchase of
Two -Door Sedans
The Administration recommended rejection of the bids.
Nine bids were received, but only one met specifications and
that bid amount was $55,197.48. For bid tabulation, see
Attachment "C." Therefore, the Administration requested
that Council consider authorization of an Interlocal Agreement
with Houston - Galveston Area Council for the purchase of six
police package cars. The cars are available in seven colors
and are to be used by the Detective Division. The purchase
price per car would be $8,058 versus $9,200 bid by Baytown
Motors. The total cost would be $49,799.37. Council scheduled
a special meeting for Tuesday, December 14 at 5:30 p.m. to
act on an Interlocal Agreement between the City of Baytown
and Houston - Galveston Area Council for the purchase of six
police package cars.
Consider Authorization to Proceed with Preparation of Detailed
Engineering Drawings and Specifications for East Sewer
District - Collection and Transmission Facility Improvements
The Administration has received approval of the Step 1
plan for the East Sewer District from the Texas Department
of Water Resources and the Environmental Protection Agency.
Step 2 is the preparation of plans and specifications. This
project includes several thousand feet of sliplining in the
East Sewer District. A map was posted in the Council Chamber
which depicted the lines to be sliplined. There is a total
of about 50,000 linear feet of line which would require
sliplining. There would be modifications to the lift stations
at Woodlawn, Roseland and East James, along with construction
of a 16 -inch force main from Woodlawn lift station in the
direction of the East District plant and a 15 -inch relief
sewer to the Woodlawn station. The staff has been assured
by Texas Department of Water Resources and Environmental
Protection Agency that the city is eligible for seventy -five
(750) percent funding and the city will be reimbursed for
the Step 2 expenses when Step 3 has been approved. The
estimated cost of engineering is $116,500 which seventy -five
(75 %) percent would be paid by EPA. Estimated cost of
construction is about $1,500,000 which seventy -five (75%)
percent would be paid by EPA. There are bond funds available
to pay for the city's share of the engineering phase, but
bonds have not been sold to proceed with construction.
Therefore, when that step is reached, a decision will need
to be made concerning the sale of bonds. The Administration
recommended that Langford Engineering be authorized to
proceed with plans and specifications.
Councilman Johnson moved that Langford Engineering be
authorized to proceed with plans and specifications for East
Sewer District Collection and Transmission Facility Improvements.
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
21209 -13
Minutes of the Regular Meeting - December 9, 1982
In response to an inquiry from Council, Mr. Lanham
explained that the new policy of EPA is no reimbursement
for Step 1 or 2 (in this case Step 2 since the city has
already been reimbursed for Step 1) expenditures until Step
3 is approved. That assures EPA that cities are not just
preparing plans without any intent of construction.
Consent Agenda
Council considered the Consent Agenda as follows:
a. Proposed Ordinance No. 21209 -5, will award the bid
for the purchase of a 15- Minute Pressure Demand
Air Pack. These air packs will be used by the
Parks and Recreation Dept. in the changing of
their chlorine bottles. We received three (3)
bids. Vallen Corporation submitted the low bid of
$2,805. Council has budgeted $4,000 for this
purchase.
We recommend the low bidder, Vallen Corp., be
awarded this contract.
b. Proposed Ordinance No. 21209 -6, will award the bid
for the annual mud flaps contract. Ted's Supply,
Inc. submitted the only bid we received in the sum
of $2,685. This bid is a decrease over last years
price.
We recommend the low bidder Ted's Supply, Inc. be
awarded this contract.
C. Proposed Ordinance No. 21209 -7, will award the bid
for the Roseland Pool Electrical Specifications.
We received three (3) bids. Whitley Electric
submitted the low bid of $3,700. Council had
budgeted $4,000 for the preparation of these
specifications.
We recommend the low bid of Whitley Electric be
awarded this contract.
d. Proposed Ordinance No. 21209 -8, will award the bid
for the annual Frozen Food Contract. O'Brien's
Food submitted the only bid in the amount of
$9,875.40. This represents a 16% increase over
last years price. O'Brien's was the vendor who
had last years contract.
We recommend the low bid of O'Brien's Food be
awarded this contract.
Councilman Philips moved for adoption of the Consent
Agenda, Items a through d; Councilman Johnson seconded the
motion. The vote follows:
21209 -14
Minutes of the Regular Meeting - December 9, 1982
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3529
AN ORDINANCE ACCEPTING THE BID OF VALLEN CORPORATION FOR 15
MINUTE PRESSURE DEMAND AIR PACKS AND AUTHORIZING THE PAYMENT
BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND EIGHT
HUNDRED FIVE & N01100 ($2,805.00) DOLLARS. (Proposed Ordinance
No. 21209 -5)
ORDINANCE NO. 3530
AN ORDINANCE ACCEPTING THE BID OF TED'S SUPPLY FOR THE
ANNUAL MUD FLAP CONTRACT AND AUTHORIZING THE PAYMENT BY THE
CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND SIX HUNDRED
EIGHTY FIVE & N01100 ($2,685.00) DOLLARS. (Proposed Ordinance
No. 21209 -6)
ORDINANCE NO. 3531
AN ORDINANCE ACCEPTING THE BID OF WHITLEY ELECTRIC FOR THE
REPAIR AND REPLACEMENT OF ELECTRICAL EQUIPMENT AT ROSELAND
POOL AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF
THE SUM OF THREE THOUSAND SEVEN HUNDRED & N01100 ($3,700.00)
DOLLARS. (Proposed Ordinance No. 21209 -7)
ORDINANCE NO. 3532
AN ORDINANCE ACCEPTING THE BID OF O'BRIENS FOODS FOR ANNUAL
FROZEN FOOD CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY
OF BAYTOWN OF THE SUM OF NINE THOUSAND EIGHT HUNDRED SEVENTY
FIVE & 40/100 ($9,875.40) DOLLARS. (Proposed Ordinance No.
21209 -8)
For tabulations, see Attachments "D" through "G."
Consider Appointments to Sesquicentennial Commission
These appointments will be made at a later meeting.
Appointment to Transportation and Planning Committee
Mayor Hutto announced that Councilman Philips had been
reappointed to serve on the Transporation and Planning
Committee for H -GAC.
Adj ourn
There being no further business to be transacted, the
meeting was adjourned.
Eileen P. Hall, City Clerk
Attachment "A"
M E M O R A N D U M
December 3, 1982
TO: City Council
FROM: Daniel R. Jackson
RE: Appeal of Refusal of Wrecker Permit to Tracy Gordon,
dba Gordon's Wrecker Service
On November 9, 1982, the Wrecker Committee met to consider
Mr. Gordon's application for a wrecker permit with the City of
Baytown. Under the present ordinance concerning the grant of a
wrecker permit, there must be a determination made of whether
public convenience and necessity requires the issuance of
additional permits. A reading of the minutes of that meeting
illustrates that the committee used this standard in determining
Mr. Gordon's request.
The burden of proof lies with the applicant to establish by
clear, cogent and convincing evidence that public convenience and
necessity exists. In determining whether the applicant has met
his burden, the committee is empowered to take into consideration
the following:
(1) Information on permit application;
(2) Number of wrecker companies already permitted;
(3) Whether public convenience and necessity can
be met and complied with only by issuance of
additional permits; and
(4) The resulting effect upon the business of holders
of existing permits.
Therefore, it is the task of the council as an appellate
forum to consider the minutes of that meeting, the evidence
presented by Mr. Gordon and any other relevant materials which
would bear on the issue of public necessity and convenience.
DRJ
Attachment "B"
AUTO WRECKER COMMITTEE REVIEW NOTES
Points Considered in Tracey Gorden Permit Denial:
• Five companies on rotation list.
a Nineteen wreckers available for service.
• Existing permit holders are handling city requirements satisfactorily.
• Would reduce business of present permit holders.
9 Would encourage a flood of new permit requests.
Present Wrecker Committee Permit Holders
Shirley - Five wreckers.
Dickey - One wrecker.
Pease - Three wreckers (12 more available).
Taylor - Four wreckers (six on order for 1983).
Graham - Six wreckers.
Total of 19.
Permit Consideration Summary
Section Abridged Summary
6- 12 -10 -C1 Burden of proof on applicant to establish need.
6- 12- 10 -C3b Number of existing'permit holders and wreckers.
6- 12- 10 -C3c Are public convenience and necessity being met?
6- 12- 10 -C3d Effect upon business of existing permit holders.
6- 12 -10 -C4 Determine if public necessity requires additional permit based
on evidence submitted at hearing.
For the Auto Wrecker Committee
R. H. Walton, Chairman
Gary Walker, Vice- Chairman
Bill Blake, Member .
E. C. Kimmons, Member
James Owens, Member
i
f
GROSS TOTAL
LESS DISC.
NET TOTAL
i
r
. I
CITY 01 3A YTO W N
�TL WDO R WO DOOR
SEDANS
131D TAaULATION
31D: #8211
,•
)ATE- • NOVEMBER
18, 1982 2:00 P.M. PAGE TWO
FEMI
QTY
V
0 ROBE
RT 0 CHEV
BA S OR MOTORS
BAYSHORE
DODGE.
BAYTOWN DATSUN
.UNIT
EXTENDED
UNIT
1 EXTENDED
UNIT
X ND-D
UNIT
EXTEU _J
T'-X.
U:,*t T c;Y..
R r
i
P �'
11 '
.I r
i t
p r^
^a��r
6
TWO
DOOR SEDANS,.per specifications
8,649,39
51,896.34
8,425.27
50,551.62
7,813-83
46,882.98
7,641.65 45,849.90
Does not
eet rear
Does notimeet
minimum
Does no
meet minimufl
Does notlmeet minimum
bumper guprds.specs.
wheelbasl
specs.
wheetba
a specs.
wheelbase specs.
i
f
GROSS TOTAL
LESS DISC.
NET TOTAL
i
r
i
. I
i
ITL�: TWO DOOR SEDANS
31D- #8211-12 .
)ATE: NOVEMBER 18, 1982 2:00 P. M.
CITY OF SAYTOW N
131D TABULATION
Attachment "C"
�E1�/1
QTY
DESCRIPTION..
MIKE HALL DODGE
RIVER OAKS CHRYSLER
JOE CAMP FORD
JAY MARKS CHEVROLET
BAYTOWN MOTORS
.UNIT
EXTENDED
UNIT
EXTENDED
UNIT
EX N09 D
UNIT
EXTEuC.i:0
U:.: T r-
`x v-.., .
-PRICE,
P t
'�
I"
-I
F
p I';
^alrc I
6
TWO DOOR SEDANS, per specifications
8,658.
51,948.00
7,356.50
44,139.00
NO
BID
8,656.5 51,939.18
9,199.58;55,197.4
Does not
meet engine
Does not
neet minimum
Does not;meet side
j
specific
tions.
wheelbase
spec.
moulding specs.
+
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GROSS TOTAL
LESs DISC
NET OTAL
WE
W
C
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U
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I N
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!TL 15 MINUTE PRESSURE DEMAND AIR PACK
31D: #8211 -11
)A NOVEMBER 17, 1982 2:00 P.M.
CITY OF 13AYTOW tv
BID TABULATION
Attachment "D"
GROSS TOIAL
LES•° DISC
NET OTAL
w
VALLEN CORPORATION
MINE SAFETY APPLI.
THE TACKABERRY CO.
FEM
QTY
DESCRIPTION
.UNIT
EXTENDED
UNIT
EXTENDED
UNIT
ENDED
UNIT
EXTET1 0 EJ
U!'.. T
1. 4 ea.
15 MINUTE PRESSURE DEMAND AIR PACK
701.25
2f805.00
708.00
2,832.00
j
per specifications.
j
!
MODEL:
SCOTT N9
001500
MSA 502
IR CUB
j
1 DELIVERY:
STOCK -
43 DAYS ARO
STOCK !
TOTAL:
1
2,805.00
21832.00
'
ALTERNATES:
709.65 2,838.60
i
MODEL:
SURVIVAIR 9848 -20
DELIVERY:
2 -3 DAYI ARO
TOTAL:
2,838.60
l
,
768.80 3,075.20
I
MODEL;
ISI RAN ER
DELIVERY:
2 -3 DAYS ARO
i
1
TOTAL:
3,075.20
GROSS TOIAL
LES•° DISC
NET OTAL
w
j I TL is FROZEN FOOD
3ID: __ 48212 -14
,)ATE. " 12 -1 -82 2:00 P.M•
TEM QTY
DESCRIPTION
1 280 cases Frozen. Breakfast
Delivery
i =
2 475 cases (I Frozen Dinners
1
Delivery
TOTAL:
GROSS TOTAL
LESS DISC
NET TOTA L
CITY Or 13AYTOW N
81D TABULATION
O'BRIANS
-UNIT FXTEMo£1
R c p r
13.08 3,662.40
5 DAYS RO
I
13.08 6,213.00
5 DAYS WO
9,875.40
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Attachment "G"
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