1983 01 27 CC Minutes30127 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 27, 1983
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, January 27, 1983, at 6:30 p.m.
in the Council Chambers 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 conducted:
Minutes
Councilman Philips moved for the approval of the minutes
for the regular meeting held January 13, 1983; Councilwoman
Wilbanks 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
Cable Television (Group W) - The Administration had
received a brief report from the manager of Group W, the
cable television company that serves Baytown. He reported
that as of January 18, all existing customers have been
changed to the new plant and the company is in process of
taking the old system out a little at a time. It appears
that the change over will be completed before the March
deadline.
Councilman Philips commented that the company needs to
be contacted regarding the unslightly condition of the
company's lot off Main Street. There is also an unused
spool of cable which has been near the intersection of James
and Danubina Streets for several months. He felt that
perhaps the company had simply lost that spool.
30127 -2
Minutes of the Regular Meeting - January 27, 1983
Houston Lighting and Power Company - Council had received
a copy of the fuel cost increase that will become effective
in February which is an increase from January of $3.24.
Council was also furnished with a copy of a notice filed
by the light company regarding their quarterly filing with
the Public Utility Commission. The company is requesting approval
of the commission for cost of fuel from affiliated interests.
The City Attorney explained that there had been a recent
question or dispute over whether HL&P should be allowed to
pass through under its rate as to fuel purchased from an
affiliated interest, Utility Fuels, Inc. which both companies
HL&P and Utility Fuels, Inc. are owned by Houston Industries.
Therefore, a hearing has been scheduled for March 1, 1983,
before the PUC. At that time, the PUC will be looking at
all the cost factors incurred by Utility Fuels and rate of
return that should be allowed to Utility Fuels for sale of
coal, etc. to HL&P. In a sense this will be like a mini
rate hearing, only the PUC will be looking at Utility Fuels
rather than HL&P. There is some disagreement between the
General Counsel of HL&P and some of the cities as to how
this should be handled. The City of Houston and the City
of Lake Jackson have been working on this. Both have
intervened on March 1 and both cities are planning to have
separate hearings to adopt an ordinance as to what rate of
return should be allowed Utility Fuels. At some point,
Baytown may want to adopt its own ordinance designating
what rate of return should be allowed Utility Fuels. There
is also a rule pending before the PUC which would set up
quarterly hearings on the overall fuel cost adjustments.
That will be a different hearing. The hearing on March 1
only applies to fuel purchased from this affiliated company.
Texas Municipal League - Council had been furnished
information regarding a legislative seminar to be held in
Austin on February 14. Mr. Lanham stated that any Council
member who wished to attend could notify his office and
arrangements would be made accordingly.
Drainage - Glen Meadow Subdivision Outfall System is
about seventy (70 %) percent complete. City crews have
completed a number of projects. Work has been completed
on Milner and Dallas. The Hardin Road and Oakwood projects
are about fifty (50 %) percent complete. Work has begun on
a project on Carriage Lane and on Mapleton. Minor drainage
work has been completed on Airhart, Ash and Riggs.
1982 Street Improvement Program - The contractor on this
project, Skrla, Inc., has completed all but cleanup. The
project is ninety -nine (99 %) percent complete.
Craigmont /Ponderosa Water Line Project - The contractor
on this project is in the process of installing meters to
tie into the new lines. The lines did pass pressure tests,
as well as the bacteriological tests.
Sliplining - The contractor that is working on East
James expects to complete installation on January 28. In
the Roseland Oaks area, the contractor continues to work on
the six -inch lines. Approximately 5440 linear feet in that
area has been sliplined; one 350 foot linear section remains
to be completed.
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Minutes of the Regular Meeting - January 27, 1983
Sanitary Sewer on Garth Road - The contractor on this
project has completed about ninety -five (95 %) percent of
that project.
Questions and Comments of Council
Councilman Fuller commented that the Administration
would need to check to make certain that the sliplining
contractors are cleaning up after completion of the work.
Yards have been left unlevelled.
Councilman Johnson recognized Sergeant Jones of the
Baytown Police Department for being recipient of the 100 Club
Award and asked that his personnel file be updated to include
this information.
In response to an inquiry from Councilman Philips, Mr.
Lanham stated that the City of Baytown does have an emergency
procedures plan in the event of crisis with the water system.
In response to the questions from Councilman Cannon
regarding the reason that East James Street has been in a
state of disrepair for such a long period, Mr. Lanham explained
that after a contract had been let for sliplining along
James, areas were discovered that had completely deteriorated.
Therefore, it became necessary to break the street to replace
the parts of the line which could not be sliplined. All of
that line has been replaced. Now, the concrete can be
replaced.
Care for premature infants - Councilman Cannon stated
that he had checked further into the events which took place
prior to the death of the Lemley baby. He had been informed
that there were five (5) beds at Jefferson Davis Hospital
when the Lemley baby arrived. These beds were held for
infants yet to be born. He felt that this was unfair treatment
at a charitable institution. He felt that at such an institu-
tion, the practice should be first come, first served.
Based on what he had learned, he felt that this type occurrence
happens on a regular basis. Councilman Cannon stated that
he felt that the city needed to work with local hospitals to
try to turn this situation around. He suggested that perhaps
the local hospitals could work through H -GAC to obtain
funding to establish a neonatal unit for the Baytown area.
He suggested that charity hospital care should be provided
for the Baytown area, but did not really know the mechanism
to accomplish this.
Councilman Fuller suggested two -way communication with
the county to determine if satellite charity care could be
provided in the Baytown area.
Councilman Simmons suggested that Commission Fonteno's
office should be contacted. He stated that he was in atten-
dance at a hospital district board meeting where the hospital
district administrator outlined that there had been an epidemic
of new births with limited neonatal space. Therefore, a
bond issue would be proposed in the fall to address that.
30127 -4
Minutes of the Regular Meeting - January 27, 1983
That would be the City of Baytown's opportunity and chance
to support the bond issue with a provision specifically that
certain funds be allocated toward care in the Baytown area.
Councilman Simmons pointed out that even though this is a
charitable facility, the mothers who were in the hospital to
deliver their children had preregistered to be there and
were therefore, entitled to the bed space.
Councilman Cannon responded that this was an emergency
case and the bed space that was available should have been
provided.
Receive City of Baytown Audit Report for the Period Ending
September 30, 1982
Dave Start, representative of Gerace, Hullum, Start and
Company, Certified Public Accountants, stated that the first
thing he wanted to address was the question raised by Councilman
Simmons when the financial statements were presented last,
dealing with vested benefits that result from accruing sick
leave, vacation and holiday pay. That information could be
found in Footnote 2, Page 9. Last year, Council had been
told that Financial Accounting Standards Board (FASB) had
issued a statement indicating that those type liabilities
should be recorded and charged to earnings by commercial
enterprises, but that they had backed off from municipal
entities and were waiting on the National Council on Governmental
Accounting to issue its position. That position has now
been issued. The National Council has determined that for
fiscal years beginning after December 31, 1982, which will
be the City of Baytown's 1983 -84 fiscal year, those liabilities
should be recognized and recorded in the balance sheet. In
the instance of governmental type funds, one would record as
a liability through a charge to fund balance, the current
portion of that vested benefit that would be expected to be
liquidated in an ensuing year. The balance of that liability
would be recorded in the general long -term debt fund just as
the general obligation bonds are. The portion of that
vested benefit that applies to the enterprise funds should
be recognized in the balance sheet in those funds and charged
to fund equity, just as a commercial enterprise would do.
The National Council has suggested that early implementation
is desirable, but is not requiring that implementation for
cities until the year ending September 30, 1984. The liability
that is disclosed in the footnotes is a good estimate with
the existing payroll system. It should be a relatively easy
programming function to produce a fairly exacting measurement
of what that vested benefit actually is.
Councilman Simmons stated that in looking at the footnotes
under vested employee benefits, the total of the accrued
vested sick, vacation and holiday pay as of September 30,
total $1,874,000. Looking at last year's figures, that
represents an increase of $202,000 in those vested benefits.
He stated that he had no arguments with vacation or holiday
pay, but he had real reservations about the accrual of unused
sick time. Of that $1,874,000, 75% of that total is accrued
sick pay. In this particular year from last year, 68.3% of
that $202,000 was in accrued sick pay. Councilman Simmons
inquired from where was a person paid who terminated employment?
ki
30127 -5
Minutes of the Regular Meeting - January 27, 1983
Mr. Lanham responded that an amount of money is included
in the budget each year for that purpose. If more retirement
or resignations are experienced than anticipated, that
budget account overruns. Presently, there is very little
employee turnover.
Councilman Simmons stated that he did not want all
employees in the room who work for the city to become unduly
alarmed because of what he said, but the City's policy is to
grant 15 days sick leave which is to cover minor illness
like colds, flu, etc. However, two things should be addressed
such as in the event of extended illness or injury, unless
incurred on the job where workmen's compensation would take
over, that after the 15 days of sick leave is used, then the
employee gets hospitalization and everything, but would be
off pay.
Mr. Lanham responded that once an employee uses
all his sick leave, he is off pay.
Councilman Simmons said that he really felt that the
program should be likened unto car insurance, where
one pays a premium with a deductible and is not really
concerned with the small amounts, but if the whole car
is demolished you want to be protected. He continued
that he really didn't have the answer, but when he
looked at sick days, if one is legitimately sick, one
is entitled to that pay, but if that is not used, the
employee should not be paid for it. He mentioned that
the County does not accrue sick days. An employee is
allowed so much sick time for service. He also mentioned
that the point had been made that if the city were to
allow 15 sick days which would not accrue, the employee
would use the sick days which would be a loss of time.
Councilman Simmons stated that this would really be a
small percentage of the dedicated city workers. The
way the county handles its program is that if one is
entitled to 30 days, a review committee will review
your record and if your record indicates no abuse,
then if that 30 days is used up, at the discretion of
Commissioner's Court, another 30 days can be allocated.
Secondly, he stated his concern with this increase.
Assuming that the 500 employees of the city remain
static, which it probably will not, accrue this increase
of $138,000 through 10 years, that would represent
$1,300,000 added to the present $1,409,000, for a total
of $3,000,000 in unfunded liability. That amount would
be decreased by those people who are being terminated
and retired, but he did not feel that Council could
look at those figures grow each year, knowing that there
will never be a time of reckoning. Since the bond rating
companies like Moody and Standard and Poors take a
very jaundice eye at unfunded liabilities which
ultimately will effect the bond rating. He pointed out
if the trend continues, possibly in ten (10) years
there could be $5,000,000 there. If the percentages
would hold, three - fourths of it would be accrued sick
leave. Therefore, Councilman Simmons suggested that
the Administration perform a comparative study over a
ten -year period projecting yearly increases utilizing
the present system of paying 90 days on.termination and
120 on retirement. Mr. Lanham interjected that the
employee could accrue sick leave for use with no limit.
30127 -6
Minutes of the Regular Meeting - January 27, 1983
Councilman Simmons responded that what he was saying is to
show the increases that the Administration would project
as projected under the present system. Secondly, project on
a ten -year basis, if in the event, Council should say that
the plan should be moderated to like 45 days for termination
and 60 days maximum for retirement. Councilman Simmons
stated that he felt that there needed to be a cap on this
program, but he did not feel that it could really be discussed
intelligently until there were statistics or basis to
determine how this ultimately will be held in line.
Mr. Lanham inquired if while making the study, the
Administration should take into account with respect to fire
and police, there is no choice. Councilman Simmons responded
that since this was a part of State law, civil service
employees would have to be excluded. He added that probably
the study should be based on 500 employees like there would
be no increase for ten years. Councilman Simmons continued
that he really did not know how reliable the information
would be, but he felt that when the figures were produced
it would be pretty amazing. He felt that ultimately acquiring
the figures would lead the City to a plan similar to the
county's to protect the City employees because there is a
small percentage that would ever have catastrophic illnesses.
This could result in a tremendous savings to the city and
would help city employees in the event they were sick for
60 -days, they would be paid for it.
Councilman Philips stated that in order to get some
prospective on this, probably it would be good to go back in
time for some period to see what the actual hard dollar pay
outs have been so that Council can look to the past to see
what that looks like to get a better fix on what the projection
actually is.
Councilman Simmons inquired on Page 10 regarding the
retirement plan if when speaking of the city, that included
the city's part alone or combined city and employee contributions.
Mr. Start responded that that figure was an amount received
from TMRS as the city's portion only. Councilman Simmons
stated that the reason he was asking for the clarification
was that there had been an $84,000 increase this year over
last in that contribution. Another question that Councilman
Simmons put forth was what does the Net Assets for Benefits
mean? Mr. Start responded that that represented assets of
Baytown's pension plan and the $7,679,000 of vested benefits,
there is in the fund $4,948,000 of that amount. There is a
$2,500,000 unfunded vested benefit at this point that is being
amortized over a twenty -five year period.
Councilman Simmons pointed out that if in the event this
$7,000,000 were due tomorrow, the City would only have the
$4,900,000 to cover that? Mr. Start stated that basically
what that means is if the plan failed today or as of December
31, 1981, the participants in the plan would receive about
2/3 of what current level of benefits would be.
Councilman Philips inquired if the City has an agreement
with Texas Municipal Retirement System that should something
happen to one group of cities or a city that their reserve
would come into plan.
Mr. Start stated that from what he had reviewed, TMRS
is basically a collection of individual funds and City of
Baytown assets would not be used to fund City of Houston
liabilities. Council had no further questions of Mr. Start.
rid
30127 -7
Minutes of the Regular Meeting - January 27, 1983
Consider Proposed Ordinance, Calling Municipal Election
for April 2, 1983
The proposed ordinance will schedule the Municipal
Election for April 2, 1983, to elect Council representatives
from District Nos. 2, 3 and 6 and the position of Mayor.
The Administration recommended approval of the ordinance.
Councilman Cannon 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
ORDINANCE NO. 3551
AN ORDINANCE ORDERING THE MUNICIPAL ELECTION TO BE HELD ON
THE 2ND DAY OF APRIL, 1983, FOR THE PURPOSE OF ELECTING
THREE (3) COUNCILMEN FROM THE RESPECTIVE DISTRICTS NOS.
TWO (2), THREE (3), AND SIX (6): AND THE ELECTION OF A
MAYOR FROM THE CITY AT LARGE; PROVIDING FOR THE ELECTION
OFFICERS; DESIGNATING THE PLACES AND MANNER OF HOLDING
SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE
CENTRAL COUNTING STATION; PROVIDING FOR A SPECIAL CANVASSING
BOARD FOR ABSENTEE BALLOTS; AND PROVIDING FOR THE POSTING
AND PUBLICATION OF NOTICE.
Council scheduled a tentative date in the event of a
run -off election for April 23, with the results of the April
2 election to be canvassed on April 5.
Consider Proposed Ordinance, Appropriating Funds for Brush
Burner Pit Reinforcement
The Administration requested permission several months
ago to advertise for bids for the purchase of steel sheeting
to be used in connection with the city's brush burning operation.
The sheeting has been purchased and installed. Dirt work
around the area has been completed. Therefore, it is
necessary to transfer from Unappropriated Revenue Sharing
Funds, which is derived from the interest earned on investing
revenue sharing funds, $34,777.86. During the first ten
months of operation of the brush burner, the City would have
paid $77,000 in fees and if this figure were to be annualized,
it reflects a savings of $91,000 annually in fees. The city
has more than paid for the cost of this equipment.
Councilman Philips commended the Administration and those
staff members from Public Works for a job well done.
Councilwoman Wilbanks moved for adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Cannon and Fuller
Mayor Hutto
Nays: None
31027 -8
Minutes of the Regular Meeting - January 27, 1983
ORDINANCE NO. 3552
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO APPROPRIATE $34,777.86, FROM UNAPPROPRIATED SURPLUS
TO ENVIRONMENTAL PROTECTION -BRUSH WITHIN REVENUE SHARING
FUNDS, ENTITLEMENT 13; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Mr. Lanham explained that there are funds remaining in
unappropriated revenue sharing surplus. The Administration
would like to advertise for bids on several items some of
which would save money, others are items that are needed.
One of the items would be to take bids to replace the
speaker system in the Council Chamber which the estimated
cost to do this is $6,000. There are two other things that
the Administration would like to do. One involves the fact
that City Hall was burglarized recently; therefore, the
Administration would like to advertise for bids to build
security doors at the two hallways, and for energy savings
an additional set of doors at the entrances to the building.
The total estimate to accomplish these projects is $16,000.
Council had no objections.
Consider Proposed Ordinance, Authorizing an Inter - Governmental
Agreement with H -GAC for Small Area Transit Study
A copy of the proposed contract had been furnished to
Council. The proposal is to conduct a small area transit
study through an inter - governmental agreement with H -GAC.
This study will be unlike the study made in 1977 in the
this study will include data on non - residents who work or
shop in Baytown.
Mike Weaver, Planner with H -GAC, explained that the
study is two -fold (1) to look at an internal type shuttle
system for the City of Baytown and (2) some type linkage
to the MTA along the I -10 corridor. If the study indicates
that something would be feasible for Baytown, H -GAC would
probably be before Council next year with another contract
to fund a service plan for what it would take to implement
some type service for the residents of Baytown and East
Harris County. The study will involve Baytown, Crosby,
Channelview, North Shore - -the whole East Harris County area.
Numerous options will be considered. One could be to take
the plan to the voters of the City of Baytown to opt into
the MTA or the City could consider contracting with MTA for
a service or a City of Baytown service could be considered.
There is a bill pending before the State Senate which would
allow citizens with over 50,000 population to call a tax
referendum election within those municipalities to have a
transit authority within those cities. From the manner in
which the bill is written, Council would be in charge of
the transit authority.
Councilman Philips commented that Clear Lake has found
this to be a very attractive service. MTA is providing a
small mini bus that transports people to their mall. Council-
man Philips continued that he felt there to be a growing need
for this kind of activity as evidenced by the success of the
senior citizens taxicab service. The Administration recommended
approval of the ordinance.
30127 -9
Minutes of the Regular Meeting - January 27, 1983
Councilman Philips moved for adoption of the ordinance;
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Wilbanks,
Fuller and Cannon
Mayor Hutto
Nays: Councilman Johnson
ORDINANCE NO. 3553
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR OF THE CITY
OF BAYTOWN TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN
INTERGOVERNMENTAL AGREEMENT WITH THE HOUSTON- GALVESTON AREA
COUNCIL FOR A SMALL AREA TRANSIT STUDY AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 828, Endorsing 9 -1 -1 Concept
for Harris County
The proposed resolution would put the Baytown City Council
on record as endorsing the 9 -1 -1 Concept. This proposal is
intended to speed up the handling of emergency calls and
reduce citizen confusion. The cost for this service is to
be 3% of basic service on the telephone bill.
Councilman Philips stated that that was the only part
of the proposal that caused him difficulty. Council has been
working with the telephone company to get the rates decreased.
He felt that the concept was good, but felt that the county
should fund it. Everyone that owns a telephone will have to
pay for this service, while anyone traveling through the
county could utilize the service. The funding of the program
should come from sales tax or some funding that is more wide
spread than having the telephone user pay for the service.
Mr. Lanham pointed out that the legislation would enable
the county to issue bonds.
Mayor Hutto pointed out that the service will be county-
wide; therefore, those citizens of Baytown traveling in
Harris County could utilize the service anywhere within the
county.
Councilman Fuller moved to adopt the resolution; Council-
man Simmons seconded the motion. The vote follows:
Ayes: Council members Johnson, Simmons, Wilbanks,
Fuller and Cannon
Mayor Hutto
Nays: Councilman Philips
RESOLUTION NO. 828
A RESOLUTION OF THE CITY OF BAYTOWN SUPPORTING THE PROPOSED
LEGISLATION CREATING A 9 -1 -1 EMERGENCY NUMBER SYSTEM AND
URGING LOCAL LEGISLATORS TO VOTE FOR SUCH LEGISLATION.
30127 -10
Minutes of the Regular Meeting - January 27, 1983
Consider Proposed Resolution No. 829, Supporting Texas
Municipal League Task Force Reform Act Concerning
Amendments to Article 1269M
The Committee of the Texas Municipal League has been
working for several months on possible amendments to 1269M
which is the State law relating to Fire and Police Civil
Service. The Committee's recommended changes or something
similar to what they have proposed will be introduced before
the Legislature. A summary of the proposals had been provided
to Council as follows:
1. To clarify the definitions of "firemen" to insure
that civilian employees not hired in compliance
with article 1269m and who perform non - firefighting
duties within the department shall continue to
remain outside the provisions of article 1269m.
2. To eliminate the three -year residency requirement
for appointment of civil service director.
3. If authorized by the City Council or the legislative
body, to allow the police and fire chief to appoint
qualified officers to the top two positions immediately
below the chief. This amendment would not affect
those individuals currently holding such positions
in a department.
4. Allow City Council to voluntarily establish assignment
pay for employees who are required to perform highly
specialized fire and police functions.
5. To more clearly define the conditions under which a
firefighter or police officer may be considered to
be either temporarily or permanently disabled
and to further establish a time period in which
the position may be declared vacant and again
filled.
6. To remove the Texas residency requirement for fire
chief candidates and to require that any appointee
to that position be eligible to obtain intermediate
certification within two years from the date of
appointment.
7. To allow the Civil Service Commission, on a local
option basis, to establish an alternate promotional
testing procedure which allows that a part of the
overall score be determined by a three person oral
evaluation board selected by the Commission (police
only).
8. To allow the fire and police chiefs to take dis-
ciplinary action against an officer who is charged
with a criminal felony, class (A) or (B) misdemeanor,
or acts involving moral turpitude even though the
alleged act was not discovered for more than six
months from the date of occurrence. The present
law prohibits such action after six months.
30127 -11
Minutes of the Regular Meeting - January 27, 1983
9. To allow the chiefs of the fire and police departments
the authority to assign "uncompensated duty" on
normal days off to temporarily suspended employees
who request such assignment in lieu of suspension
time.
10. To provide repeal of the provisions of article
1269m in a city by the same method which allows
enactment.
Mr. Lanham stated that these were only proposed changes
and there could very well be other changes made before the
legislative committees. The Administration felt that the
proposed changes would give management in the police and
fire departments some of the tools needed to perform their
jobs as chief administrators of those departments and in
addition, clarifies some provisions that have needed clarification.
The Administration recommended approval of the resolution.
Councilman Philips moved for adoption of the resolution;
Councilman Simmons seconded the motion.
In response to questions of Council, Mr. Lanham stated
that the proposed change with regard to Civil Service Director
would not affect Baytown since the Personnel Director is
also the Director of Civil Service. The difference is that
the present article requires that the director be a resident
of the city for three years and there is no reason for that.
Councilman Cannon pointed out that the amendment which
would allow the police or fire chief to appoint the two positions
immediately below the chief should be one level.
Councilman Cannon also took exception to the amendment
which provided that a firefighter or police officer may be
considered to be either temporarily or permanently disabled
and to further establish a time period in which the position
may be declared vacant and again filled. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, and Fuller
Mayor Hutto
Nays: Councilman Cannon
No one in the audience had indicated a desire to speak,
but after Council had acted on the resolution, Mayor Hutto
discovered that Sergeant Shaffer desired to address Council.
Sergeant Shaffer, representing the Police Association, stated
that the police officers could see no advantage whatsoever
to proposed amendment five and felt that there would be no
benefit to any police officer within the State of Texas.
Councilman Cannon pointed out that if the resolution
remained as presently written, the State representatives
would feel that the Baytown City Council was in complete
concurrence with the proposed amendments. Again, he
stipulated his disagreement with the proposed change which
would allow fire and police chiefs to appoint the top two
positions immediately below chief. He felt that the chief
should appoint only one level below chief.
30127 -12
Minutes of the Regular Meeting - January 27, 1983
Council requested guidance from the City Attorney as to
what action could be taken. The City Attorney advised that
Council could vote to withdraw earlier action or to reject
the proposed resolution and make an entirely different
motion, or Council could vote to attach a letter to be
forwarded with the resolution.
Councilman Fuller moved that the resolution be accom-
panied with a letter identifying the two specific points as
discussed by Council -- that chiefs of the fire and police
departments be allowed to appoint one level below chief
and all reference to the disability provisions be deleted.
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 829
A RESOLUTION OF THE CITY OF BAYTOWN SUPPORTING THE TEXAS
MUNICIPAL LEAGUE'S PROPOSED AMENDMENT TO THE CIVIL SERVICE
LAWS; URGING THE TEXAS LEGISLATURE AND CITIZENS OF TEXAS
TO SUPPORT SUCH AMENDMENTS AND PROVIDING FOR THE EFFECTIVE
DATE.
Consider Proposed Ordinance, Approving Change Order No.
15 to Contract for West District Wastewater Treatment
Plant and Lakewood Lift Station
Change Order No. 15 to the contract for West District
Wastewater Treatment Plant and Lakewood Lift Station is a
reduction due to an underrun for the amount of $6,736.25,
but it is necessary for Council to act on the Change Order
to comply with Environmental Protection Agency requirements.
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
ORDINANCE NO. 3554
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING CHANGE ORDER NO. 15 TO THE CONTRACT WITH NUNN
& SHUMWAY CONSTRUCTION COMPANY FOR THE WEST DISTRICT WASTE-
WATER TREATMENT PLANT & LAKEWOOD LIFT STATION.
30127 -13
Minutes of the Regular Meeting - January 27, 1983
Consider Proposed Ordinance, Authorizing Acceptance of West
District Wastewater Treatment Plant and Lakewood Station
Contract and Approval of Final Payment
The proposed ordinance will authorize final payment and
acceptance of the work. Final payment represents less than
$1,000 difference from the initial contract price which is
very unusual for a contract of this size. The Administration
recommended approval of the ordinance.
Councilman Johnson moved for adoption of the ordinance;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3555
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO NUNN & SHUMWAY
CONSTRUCTION COMPANY FOR WEST DISTRICT WASTEWATER TREATMENT
PLANT & LAKEWOOD LIFT STATION - JOB NO. 044 -15, CONTRACT 1,
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Change in Pavement Thickness for Rollingbrook Drive
Extension from Decker Drive to Garth Road
Busch, Hutchison has been working on plans for Rolling -
brook Drive and asked McClelland Engineers, Inc. to make
soil studies in that area. McClelland Engineers have
recommended that rather than have the seven (711) inch concrete
pavement as is the City of Baytown's standard that the thickness
be changed to nine (9 ") inches. That would result in a cost
increase based on estimates from $2,784,000 to $2,930,000.
The Administration recommended approval of the change.
Norman Dykes, City Engineer, explained that the Engineering
Department had given McClelland Engineers traffic volumes
as projected by the City of Baytown's Planning Department
and this is the design that that company recommended; the
Engineering Department concurred. In talking with highway
department engineers and others, on major thoroughfares
many entities are going to the thicker pavement.
In response to questions from Council, Mr. Dykes
explained that drainage is included as a necessary part of
the project.
Councilman Philips moved to authorize the additional
pavement thickness for Rollingbrook Drive Extension. Council-
man Fuller seconded the motion.
Mr. Lanham responded to a question from Council that the
project would be constructed under the assessment procedure,
but assessment is charged based on enhancement to the property.
Councilman Cannon pointed out that the County had gone
in and put asphalt on Shelton Road which has worked quite well.
Eighteen wheelers use the road extensively without problem.
30127 -14
Minutes of the Regular Meeting - January 27, 1983
Mr. Dykes explained that the recommendation was based
on "AASHTO Interim Guide for Design of Pavement Structures,
1972," The seven (711) inch pavement is a standard which is
not really based on actual traffic counts. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consider Master Thorouahf are Plan Revision
The Planning Commission had worked on this for several
weeks and recommended the proposed changes. Council had been
furnished with a copy of the proposed Thoroughfare Plan.
The streets to be designated as major thoroughfares were
shown in black. Major thoroughfares are expected to carry
20,000 vehicles per day or more. Those streets shown in
brown are primary arterials and are expected to carry from
14,001 to just under 20,000 vehicles per day. No collector
roads are being proposed for the revised plan.
Councilman Cannon stated that for long range planning,
the City needed to look toward a through street from Spur
201 to Barkuloo.
Mr. Lanham explained that the master thoroughfare plan
is used by the'Planning Commission in considering plats and
is used by the city in developing capital improvement programs,
and it can be used to talk to the county concerning bond
funds to build projects. The Administration recommended
approval.
Councilman Johnson moved for approval of the master
thoroughfare plan revision; Councilman Simmons seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consider Plans and Specifications for Quail Hollow Lift
Station and Authorization to Advertise for Bids
Norman Dykes, City Engineer /Director of Public Works,
explained that the Quail Hollow or Baker Road Lift Station
is located just east of Goose Creek on the north side of
Baker Road. It was originally designed as part of the
Quail Hollow Subdivision. It has been added to as that
area has grown. At the same time that this area has expanded
greatly, the lift station on the west side of Goose Creek
which is Craigmont Lift Station and that service area has
also grown causing that lift station to become overloaded.
The Coady Fresh Water District and Decker Terrace pump into
the Craigmont station. The engineers feel that a good plan
would be to take all the flow east of Goose Creek and put
it into the Quail Hollow Station and not let any of that go
into Craigmont. That will relieve some of the load at Craigmont.
30127 -15
Minutes of the Regular Meeting - January 27, 1983
As development occurs in the area east of Goose Creek, lift
station enlargement fees are being collected as that
growth causes the necessity to enlarge lift stations.
There is budget money, as well as developers money available
to perform this project. The project will provide for
excess capacity for future use.
Mr. Lanham explained to Council why that area went to
the Craigmont plant. At one time there was a sewer treatment
plant that had been constructed by the water district prior
to that area being annexed into the city. This plant served
Craigmont, Country Club and Ponderosa. The treatment plant
was taken out of service a few years ago and a lift station
constructed. The suggested plan will help alleviate some
of the problems at Craigmont. Both lift stations flow to
a large gravity flow line along Goose Creek up to Baker Road.
Ken Streeter, Consultant Engineer with Langford Engineering,
explained that two new raw sewerage pumps would be installed
and that the four inch pumps would be removed. The Adminis-
tration recommended approval of the plan and requested
authorization to advertise for bids.
Councilwoman Wilbanks moved to approve the plans and
to authorize the Administration to advertise for bids;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consent Agenda
Mr. Lanham explained that on Consent Agenda Item a,
the Administration was not recommending the low bid be
accepted because the difference was only $10 and the
Administration had received conflicting reports concerning
the low bidder. Atlas Enterprises has provided the fourth
of July fireworks since 1977 with excellent performance;
therefore, the Administration recommended that the bid of
Atlas Enterprises be accepted.
Council considered the Consent Agenda as follows:
a. Proposed Ordinance No. 30127 -6, will award the bid
for the purchase of Fourth of July fireworks.
Three (3) bids were received. The low bid was
that of Zambelli Internationale in the amount of
$2,490. The second low bid was that of Atlas
Enterprises which was $2,500. Atlas Enterprises
has provided our fourth of July fireworks since
1977. Due to our past satisfaction with Atlas,
and the minimal difference between these two bids,
and because of the nature of the product and the
unfamiliarity with Zambelli Internationale, we
feel the lowest and best bid for the City of
Baytown for this product is that of Atlas Enterprises.
We recommend Atlas Enterprises be awarded this
contract.
30127 -16
Minutes of the Regular Meeting - January 27, 1983
b. Proposed Ordinance No. 30127 -7, will award the bid
for the purchase of a mini tape recorder. Only
one bid was received. That was the bid of Nagra
Magnetic Recorders for the sum of $3,512.48.
Council has budgeted $3,773 for this purchase.
We recommend the low bidder, Nagra Magnetic Recorder
be awarded this contract.
C. Proposed Ordinance No. 30127 -8, will award the
Annual Polyethylene Pipe Contract. Two (2) bids
were received. The Rohan Company submitted the
low bid of $2,075.
We recommend the low bidder, the Rohan Company be
awarded this contract.
d. Proposed Ordinance No. 30127 -9, will authorize the
final payment on the 1981 Sliplining - Phase III.
The total final project costs is $206,038.98.
Payments of $176,037.30 have already been made.
The final payment is in the amount of $30,001.68.
The total final project costs represents an overrun
of 6.63% or $12,817.98. This overrun was due to
the number of service connections and linear feet
of sliplining on Alexander Drive exceeding our
estimate.
We recommend approval of Proposed Ordinance No.
30127 -9.
e. Proposed Ordinance No. 30127 -10, will authorize
final payment on the 1982 -83 Sliplining - Phase I.
The final costs of the project was $19,423.39. A
payment of $17,586.32 has already been made.
Final payment is in the amount of $1,837.07. All
work provided by the contractor has been performed
satisfactorily and in accordance with plans and
specifications. The total cost of the project
represents a 1.9% underrun of $376.61.
We recommend approval of Proposed Ordinance No.
30127 -10.
Councilman Johnson moved to adopt the Consent Agenda
Items a through e; Councilman Philips seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
For bid tabulations, see Attachments "A" through "C."
30127 -17
Minutes of the Regular Meeting - January 27, 1983
ORDINANCE NO. 3556
AN ORDINANCE ACCEPTING THE BID OF ATLAS ENTERPRISES FOR THE
ANNUAL 4TH OF JULY FIREWORKS DISPLAY AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND
FIVE HUNDRED & N01100 ($2,500.00) DOLLARS. (Proposed
Ordinance No. 30127 -6)
ORDINANCE NO. 3557
AN ORDINANCE ACCEPTING THE BID OF NAGRA MAGNETIC RECORDERS
FOR A MINI TAPE RECORDER AND AUTHORIZING THE PAYMENT BY THE
CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND FIVE HUNDRED
TWELVE & 48/100 ( #3,512.48) DOLLARS. (Proposed Ordinance
No. 30127 -7)
ORDINANCE NO. 3558
AN ORDINANCE ACCEPTING THE BID OF THE ROHAN COMPANY FOR THE
ANNUAL POLYETHYLENE PIPE CONTRACT AND AUTHORIZING THE PAYMENT
BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND SEVENTY
FIVE & N01100 ($2,075.00) DOLLARS. (Proposed Ordinance
No. 30127 -8)
ORDINANCE NO. 3559
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO CHANNEL CONSTRUCTION
FOR 1981 SANITARY SEWER SLIPLINING, PHASE III, JOB NO.
8109 -21; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed
Ordinance No. 30127 -9)
ORDINANCE NO. 3560
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO CHANNEL CONSTRUCTION
COMPANY FOR 1982 -1983 SANITARY SEWER SLIPLINING, PHASE I -
JOB NO. 8210 -05, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
(Proposed Ordinance No. 30127 -10)
Consider Appointments to Electrical Board
Councilman Philips moved to reappoint George S. Saphos
to the position of Master Sign Electrician and H. L. Bridges
as Citizen not in building industry to the Electrical Board.
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consider Appointments to Community Development Advisory
Committee
Council will make those appointments at a later meeting.
30127 -18
Minutes of the Regular Meeting - January 27, 1983
Consider Confirmation of Appointments to Baytown Library Board
Mr. Lanham requested Council confirmation of the reappoint-
ment of David Kadjar, Mrs. Mary Keating, Mrs. Fred Hartman
and Lawrence Reilly to the Baytown Library Advisory Board.
Councilman Johnson moved to confirm the reappointments
to the Baytown Library Advisory Board; Councilman Fuller
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consider Confirmation of Appointment to Civil Service Commission
Mr. Lanham requested Council confirmation of the reappoint-
ment of Craig Wooten to the Baytown Civil Service Commission.
Councilman Cannon moved to confirm the reappointment to the
Baytown Civil Service Commission; Councilman Johnson seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Audit Committee
Mayor Hutto appointed Council members Johnson, Cannon
and Simmons to serve as the Audit Committee for 1983; Councilman
Johnson to serve as Chairman.
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
reconvened, Mayor Hutto announced that no action had been taken.
Request to nedicate Street
Mr. Lanham mentioned to Council that the Administration
had received a letter from Mrs. Shearer and her daughter,
who are the holders of mortgages on properties located along
Shearer Drive. Shearer Drive is just east of North Main
across from Dent Addition. This is a small area that was
developed without being subdivided. Shearer Drive is not
built to standard, nor is it an improved street. The Shearers
have been asked by the mortgagees to dedicate the street to
the City of Baytown in order that it might be maintained in
an adequate manner. The policy is that Council will consider
accepting designations of this type if streets are brought up
to standard. Standards involve a curb and gutter street.
Mr. Lanham stated that the letter had been addressed to Council,
but if Council so desired, the Administration would notify the
Shearers of what the policy is. Council had no objections.
31027 -19
Minutes of the Regular Meeting - January 27, 1983
Adj ourn
There being no further business to be transacted,
the meeting was adjourned.
a�:2� 10
Eileen P. Hall, City Clerk
l
�, Mini Tape Recorder
1[): #831 -29
ITE. .January 13, 1983
CITY OF BAYTOW N
E31 D TABULATION
Attachment "B"
EA4
- 0 T
DESCRIPTION
IN1 EXTENDED
UNIT Ex NDED
UNIT X K D
UNIT XTEN0':E)
U:41'T— rX %L��
1 1
Nagra SNS Mono Mini Tape Recorder
3,512.48
3,512.48
'
with 2 Microphones and 1 Power
Supply Charger
I
I
Total
i
3,512.48
i
1
'
t
•
,
1{ Delivery
10 Days
ARO
I
j
j
GROSS TOIAL I
LESS DISC.
NET TOTAL
(TL t: 4TH OF JULY FIREWORKS DISPLAY
ID: 31 -31
ATE JANUARY 18, 1982 2:00 P.M.
CITY Or BAYTOW N
131D TABULATION
'Attachment "A"
'EM
QTY
DESCRIPTION
B INTER.
S S
ERC FIRE
.UNIT
EXTENDED
UNIT
EXTENDED
UNIT
a0
UN!
ExTE: + ✓tJ
Uf!!T �z
R c
i
r
c
i s
1.
4th OF JULY FIREWORKS DISPLAY,
'
per specifications.
2,490.00
2,500.00
2,785.00
lI
•
PUBLIC LIABILITY
*$5,000,000.
"1$1,000,000.0
$1,000,000.0
i
•
Property Damage
$5,000,000.(0.
$1,000,000.0
$1,000,000.0
I
DELIVERY:
10 DAYS ARO
July 4th
July 4th
t
LESS ISC
NET
� 1'r'L`: Annual Polyethylene Pipe Contract
'310: a31 -130
��,�i -�� .lanuary 17, 983
7�Eti1 QTY DESCRlPTlQN
1 10,000 ft. Polyethylene Pipe 3/4 inch
2 2,500 ft. Polyethylene Pipe 1 inch
i ; Total
1
� I Manufacturer
IDelivery
.,
1
i
�_, GROSS TOTAL
_�_� �___� L ~S DlSG.
���- N" TOT,�1L
� . .�.� • .�. rs � •
GIrY n� �AY-row N
e�� Ta ev�AT1 o�v
Attachment "C"
unrrr - ExTE:��,�E:7 u:.; r � �a
� rte._._ ^�,rc J
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,
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.unrr7
xrENDEO
ur�rrT
DC ENOEO
uNr
.
R �
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�
+
.1450
1,450.00
.2S
2,Soo.00
.25
625.00
.38
950,00.
i2,o75.00
� 3,450.00
Phillips
Drisco
OB
SP
4 iys.ARO
14 Da
s ARO
I
';
1� '
Attachment "C"
unrrr - ExTE:��,�E:7 u:.; r � �a
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I I!
1 I
,
i
i
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I �
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