1983 04 14 CC Minutes30414 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 14, 1983
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, April 14, 1983, 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.
After the invocation was offered, the following business
was conducted:
Minutes
Councilman Philips moved for approval of the minutes for
special and regular meetings held on March 24, 1983, as well
as the special meeting held on April 5, 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
Mr. Paul E. Jones of 1100 Johnston Street presented a
petition on behalf of 232 signers which petition indicated
that the signers desired to have the name Martin Luther King
changed back to Oak Street. The petitioners also indicated
that it was not that they would not want a street named for
Mr. King, but they would want a street more deserving to be
named Martin Luther King. Mr. Jones indicated that the first
petition had not been presented to the neighborhood council,
but this petition had been presented to the council and
accepted.
Councilman Johnson moved for acceptance of the petition;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
30414 -2
Minutes of the Regular Meeting - April 14, 1983
City Manager's Report
Civics Day - A large group of Sterling High School
students visited with their counterparts at City Hall today.
It was a very productive day because the students viewed
first hand how local government works and the staff members
were able to answer questions and better show what they do
and why. A mock council meeting was performed where the
participants reacted much as the elected Council members.
All in all the day was enjoyable and informative.
Houston Lighting and Power - Council was furnished
with a copy of a letter from Houston Lighting and Power
regarding the fuel adjustment cost which reflects that for
April, the user of 1,000 KWH will be charged $77.06 versus
$73.83 which was charged for the month of March. Attached
to that letter is a nine month summary for comparison.
Councilman Philips suggested that the Administration
forward a letter to the Public Utilities Commission in
Council's name over Mayor Hutto's signature which would
reflect that Council reviewed these costs this date and
viewed them with considerable alarm and asked that every
possible action be taken to turn this trend around. Mayor
Hutto also suggested that a copy of that letter should be
forwarded to Governor White, Council had no objections.
West Little League - Council had received an invitation
from the West Little League inviting Council to opening day
ceremonies for Saturday, April 16 at 12:00 p.m.
Travel Survey Form - Council was furnished with a travel
survey form which the Administration proposes to use as
part of the transportation study. The proposed questionaire
will be distributed by various sources and will be returned
by mail to the city.
Community Development Block Grant - As a result of the
Jobs Bill that was recently adopted, the Community Develop-
ment Block Grant allocation for Baytown will be increased
by about $180,000. The staff is working on the application
and the necessary steps to obtain this additional funding.
Rollingbrook Drive Extension - Condemnation hearing has
been scheduled for April 20 on property along Rollingbrook
Drive Extension.
Mosquito Control - The County Mosquito Control Division
sprays the county, as well as inside cities, but Baytown
always supplements that. The city's program has already
begun. The city will be covered once each two weeks. With
the mild winter, the staff expects the mosquito problem will
be great.
Drainage - East Homan has been completed and Alva is
about forty (400) percent complete. Work in that subdivision
is about seventy -five (75%) percent complete. Coachlight,
one of the four streets where storm sewers are being installed,
is about ninety -eight (98 %) percent complete.
Phase II of the 1982 -83 Sliplining Contract'- The con-
tractor has sliplined 1100 feet of Linwood Drive and 914
feet of West Main. No work has begun on West Sterling /Defee,
Hemphill Streets.
30414 -3
Minutes of the Regular Meeting - April 14, 1983
Mayors, Councilmembers and Commissioners Institute -
Council had been provided with information concerning the
institute to be held in E1 Paso on June 4 and 5, 1983. The
staff will arrange to register Council if so notified.
Council's Questions /Comments
Councilman Johnson mentioned that he had been questioned
by a group of Senior Citizens as to why there was no distri-
bution of cheese in Baytown.
Larry Patterson, Assistant
the Gulf Coast Community Servic
distribution of milk and cheese
been made on a random basis and
working with the agency to work
distribution.
City Manager, explained that
as Agency is in charge of
products. Distribution has
currently Mr. Patterson is
out a smoother system of
Councilman Johnson commented that the program should be
advertised more extensively because a number of people that
he had spoken with were unaware of a distribution in Baytown.
Councilman Cannon commended the Baytown Police Department
and other law enforcement agencies for their recent and very
thorough investigation of narcotics problems in the Baytown
area.
Councilman Cannon brought up the matter of the notice
of public hearing on the waste discharge permit for Anheuser-
Busch. He inquired if the Administration had received any
information in this regard. Mr. Lanham responded that the
first he knew of the application was what was discussed in
the Baytown Sun. Councilman Cannon stated that according
to the paper this permit is up for renewal and the paper had
indicated that there will be a public hearing. However,
Councilman Cannon felt that Council should go on record that
Council would like assurance that there is going to be a
public hearing. The facility is not within the city limits,
but one of these days it will be right in the heart of
the City of Baytown. This is a five year permit from the
time of approval. Councilman Cannon pointed out that accord-
ing to the letter received by Ms. Leavins the company had
been operating without a permit since June of last year.
He inquired if the City had a right to intervene? Mr. Lanham
responded that the Administration could look into it.
Councilman Cannon inquired if Ms. Leavins could address
Council.
Mayor Hutto stated that everyone on Council had an
interest regarding what happens north of Baytown. Council-
man Johnson stated that he had not heard of any problems out
there and if there are problems, Council needs to know.
Councilman Cannon responded that he was not certain that
there are problems, but he felt that the people should have
input at a public hearing.
Ms. Leavins stated that she had received her notice on
March 26 that the company had applied for renewal of their
old Permit No. 02167 which expired June 30, 1982. She said
that the company has been transporting and spraying this spent
grain liquor all this time without a permit. If the company
had requested a permit prior to June, she did not receive notice.
30414 -4
Minutes of the Regular Meeting - April 14, 1983
She felt that since she has now received notice on March
26, 1983 on this, then she should have received notice back
then. She stated that the plant was a nuisance. The odor
is terrible and will affect the whole city since Baytown is
coming out I -10. She stated that she was requesting that
the city protest against this renewal and for Council to
request that a hearing on the application be held in Baytown.
Councilwoman Wilbanks inquired as to who would conduct
the hearing. Ms. Leavins responded that one of the Chief
Hearing Examiners from Austin. Councilwoman Wilbanks asked
which agency would be involved. Ms. Leavins stated that the
Texas Water Commission had forwarded the letter. Ms. Leavins
had spoken with one of the Chief Examiners, James Larkin,
and had inquired of him why had Anheuser -Busch been allowed
to operate for 10 months without a permit. Mr. Larkin
responded that he did not know the reason.
Councilwoman Wilbanks stated that she would be very
hesitant to take a stand on the issue, but certainly if
Council would agree she would like to see Council send a
letter to ask that a public hearing be held.
Councilman Cannon concurred. He stated that he didn't
know if there were any valid complaints with regard to the
operation or not, but there certainly could be a public
hearing.
Ms. Leavins pointed out that something had to be done
before the 21st day of April or the permit would automatically
be granted.
Councilman Johnson inquired if a private citizen or a
group of neighbors could request a hearing. He said that he
was certain Council would go on record to ask for it, but
the time was close. He inquired if Ms. Leavins or her
neighbors could call the Texas Water Commission to ask that
a hearing be held.
Ms. Leavins stated that she has forwarded a letter re-
questing a hearing, but has not received a reply. She said
that she is asking Baytown's support because this area is
within Baytown's extra - territorial jurisdiction.
Councilman Johnson stated that what some of the Council
members were getting at is that they did not know if they
should be the intervenors and ask for the hearing or
whether the people who are directly affected should ask for
the hearing.
Ms. Leavins responded that she felt that Council should
help.
Councilman Cannon stated that it seemed to him that it
would be proper for the City Attorney's office or the Admin-
istration and Council to send a letter that Ms. Leavins had
appeared before Council requesting that the residents of
that area be assured of a public hearing. Councilman Cannon
inquired if this could be done since there was no item on
the agenda. Mr. Lanham responded that no action could be
taken. Councilman Johnson inquired if a letter could be
drafted. Mr. Lanham responded that if he were instructed
to write a letter asking for a hearing, then he would do so.
30414 -5
Minutes of the Regular Meeting - April 14, 1983
Mayor Hutto inquired if the letter couldn't say that
Ms. Leavins appeared before Council and requested a hearing.
Council wouldn't have to take any action like that. Mr.
Lanham said that way Council would not be saying that they
are asking for anything. Council would be passing on infor-
mation.
Mayor Hutto explained to Ms. Leavins that in order to
take formal action, an item must be on the agenda.
Ms. Leavins stated that she realized that she should
not have waited this long, but alot of people feel what's
the use, they'll get it anyhow.
Mayor Hutto stated we can write a letter and relate
that Ms. Leavins appeared before Council without taking
official action. Council had no objections.
Councilwoman Wilbanks explained to the delegation that
presented the petition regarding the change in street name
that Council's usual procedure is to accept a petition and
refer that petition to the Administration for further action
at a later meeting. Mr. Jones inquired if this matter would
be on the next agenda. Mayor Hutto responded that he was
certain it would be, but it was up to the Administration to
study the matter and make a recommendation.
Councilwoman Wilbanks stated that it has been awhile
since Council has received information on the Community
Development Block Grant Program. She stated that she would
appreciate the Administration gathering some information
and maybe even people who are serving on that Committee could
come to Council to bring Council up to date on what has been
happening and how the money has been expended and the success
of the projects that have been undertaken.
Ted Kloesel Will Appear
Mr. Kloesel requested to appear at a later Council
meeting.
Bob Cunningham Will Appear to Request a Variance to Fire
Zone for 2305 North Main
Mr. Cunningham did not appear.
Consider Proposed Ordinance, Amending the Code of Ordinances
by Determining and Fixing the Schedule of Rates to be
Charged by Entex, Inc: for Residential and Commercial
Gas Service
Council had received at the last Council meeting a copy
of the request made by Entex, Inc. for cost of service
adjustment.
Councilman Fuller inquired how long had it been since
the company had made a request for cost of service adjustment.
30414 -6
Minutes of the Regular Meeting - April 14, 1983
Richard DeSalme, District Manager for Entex, Inc.,
responded that-each March the company files its cost of
service adjustment. Fuel costs adjustments are requested
twice a year. This request represents $ .71 per month per
customer which is approximately 1.90 of the average residential
bill which is below the Consumer Price Index for 1982. Mr.
DeSalme mentioned that the figures submitted to City Council
for the requested increase in cost of service are the same
figures which have been submitted to the Texas Railroad
Commission in the annual report of Entex, Inc. for the Texas
Coast Division. Council had been furnished with a copy of
that report.
In response to an inquiry from Council, Mr. DeSalme '
stated that presently Entex, Inc. in Baytown has less employees
than were employed 10 years ago. Occasionally, if the company
falls behind in its work, outside contractors are employed.
Mr. DeSalme pointed out that there are many things which
cause costs to increase other than employee wages -- equipment,
supplies, etc. The company operates its equipment from 8 -10
years before replacing it.
Councilman Philips moved to adopt the proposed ordinance;
Councilman Fuller seconded the motion.
A gentleman from the audience inquired what had happened
to the cost of Entex, Inc.'s natural gas supply for the last
6 -12 months.
Mr. DeSalme responded that the company adjusts twice
yearly in Baytown -- August and February. Those adjustments
are based purely on the price paid for gas obtained from
Entex's suppliers. In February, the company had a decrease
in fuel costs of about $ .20 per MTF which amounted to
about $ .65 to $ .75 per customer. There have been some
definite decreases in the cost of natural gas from pipeline
companies. Some of the costs included in cost of natural
gas from pipeline companies are costs which those companies
have no control over. Mr. DeSalme explained in response to
another comment that the company does pass any decrease in
fuel costs directly to the consumer; however, if there is
an increase in fuel that to is passed directly to the customer.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3591
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF
BAYTOWN, TEXAS; DETERMINING AND FIXING THE SCHEDULES OF
RATES TO BE CHARGED BY ENTEX, INC., IN THE CITY OF BAYTOWN,
TEXAS, FOR NATURAL GAS AND NATURAL GAS SERVICE FURNISHED BY
IT TO RESIDENTIAL AND COMMERCIAL CONSUMERS; FIXING THE
EFFECTIVE DATES OF GAS RATES PRESCRIBED IN THIS ORDINANCE;
MAKING MISCELLANEOUS PROVISIONS AND REPEALING ALL ORDINANCES
IN CONFLICT.
30414 -7
Minutes of the Regular Meeting - April 14, 1983
Consider Proposed Ordinance, Awarding Bids for City of
Baytown Insurance Coverage
Several months ago Council authorized a contract with
The Wyatt Company to make a survey of the City of Baytown's
insurance needs. The survey was made and Council reviewed
specifications, authorizing The Wyatt Company to advertise
for bids. Six bids were received. Council was furnished
with a copy of the recommendation from The Wyatt Company for
the award of this contract. Mr. Fred Gillette, representa-
tive of The Wyatt Company, was present to discuss the recom-
mendation which is Page No. 7 of the report. A copy of that
recommendation is attached to the minutes as Attachment "A."
Air. Gillette stated that the result of the bidding effort
had turned out to be very beneficial for the City of Baytown.
The city has ended up on an overall basis with smaller total
insurance costs than previously incurred and with greatly
improved insurance protection program. Protection has been
improved by bringing new coverage into the program, primarily
in the area of Public Officials Liability and Law Enforcement
Liability and enlarging the scope of coverage on existing
insurance. The Wyatt Company has recommended that the award
of coverage be made to the James Bond Agency which is one of
the six agencies submitting bids. The company has also
recommended that the award be made on the basis of a total
award rather than trying to make a piecemeal award. This
type award gives the city very clear cut accountability from
the agent as far as who is responsible for what. By dividing
coverage between more than one agent, the city would run the
risk of gaps in coverage because of lack of accountability.
Mr. Gillette said that overall The Gallagher Corporation would
provide better protection to a degree than that submitted by
the James Bond Agency; however, The Wyatt Company felt that if
the program were to be awarded to the Bond Company, that company
would be able to improve on some of the weakness in the program.
For example, under public official liability, it is not clear
whether the quote includes protection for punitive damages.
However, Mr. Gillette did not feel that it would be necessary
to rebid the package because the Bond Agency would be asked to
improve on the weakness in their program without additional
costs to the city.
In response to an inquiry from Council, Mr. Gillette
pointed out that the package includes $10,000 deductible,
but the premium reduction beyond $10,000 would not warrant
going to a larger deductible. The financial rating of all
insurance carriers involved in the bidding was checked and
the ones recommended are all financially sound and will meet
the minimum recommendations. The same thing has been done
as far as the agents are concerned. Mr. Bond submitted with
his quotation evidence of adequate Errors and Omissions
Insurance. He also stated that he did not feel that there
would be any restrictions on coverage with regard to volunteers.
Mr. Gillette explained that the Gallagher program was
' structured on a larger self- insured program and if the city
had larger than expected claims, that program could be more
expensive. That program is more difficult to evaluate and
compare with the other bidders. Mr. Lanham pointed out
that if the Gallagher bid is compared to what the city's
average loss has been, that would add about $65,000 to
Gallagher's minimum bid of $129,515.
30414 -8
Minutes of the Regular Meeting - April 14, 1983
At the end of the year, the Administration can check with
the Bond Company to determine what the rates will be and then
a decision can be made on whether the city should advertise
for bids.
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. 3592
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF JAMES BOND & COMPANY FOR PROPERTY AND
LIABILITY INSURANCE COVERAGE FOR THE CITY OF BAYTOWN; AUTHORIZING
AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST
TO A CONTRACT WITH JAMES BOND & COMPANY; AUTHORIZING PAYMENTS
OF PREMIUMS PURSUANT TO THE TERMS OF SAID CONTRACT; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Mr. Lanham mentioned that the Administration would like
to have The Wyatt Company review the policies when received.
The company would charge the city on a perdiem basis for
this service. Mr. Gillette explained that the company pre-
viously included the cost of review of policies in the contract,
but since a number of clients elected to perform this work
themselves and then requested that the company give credit,
this is no longer included as part of the original contract.
Mr. Lanham felt that it would be in the City of Baytown's
best interest to have an expert review the policies; Council
concurred.
Consider Proposed Ordinance. Adopting a New Chapter of the
Code of Ordinances of-the City of Baytown to Regulate Signs
Randy Strong, City Attorney, pointed out that in the
copy of the ordinance provided to Council, major changes had
been underscored, but the minor cleanup items had not been
underscored. Another thing that the Legal, Department did
on its own, under Section 5 some of that was rewritten to
make it very clear as to the city's right to prosecute
persons who fail to obtain a permit. The City Attorney
reviewed all major changes with Council.
Councilman Fuller moved to adopt the proposed ordinance.
Mr. Lanham requested that included in the motion be
the approval of expenditures to implement the ordinance for
the remainder of the year. Estimated costs for the remainder
of the year is $8,752 with estimated revenues for that time
of $6,000. The estimated costs for a full year of operation
would be $30,095 with estimated revenues being $38,000.
Therefore, based on the estimates of the Administration, the
fees provided for permits would cover expenditures to insure
compliance with the ordinance. Councilman Fuller amended
the original motion to include that necessary expenses to
carry out the implementation of the sign ordinance be included;
Councilman Philips seconded the motion.
30414 -9
Minutes of the Regular Meeting - April 14, 1983
Mr. Stan Reed stated that portable signs seemed to
be receiving the most attention and he felt that it was not
right that the ordinance would take away the right of a man
to advertise for 30 days on a portable sign, especially
when that sign was on the man's property.
Randy Strong, City Attorney, pointed out that an addi-
tional change in the ordinance is the deletion of the provision
which would have allowed for only one portable sign on a
tract of land. He also mentioned that as the ordinance is
written, signs that are in existence at the time the ordinance
is adopted will need to be assigned an operational permit
and those signs may be used within the City of Baytown for
two years. There will be no new portable signs brought into
the city.
Mark Arnold of Mark Arnold Homes expressed his opposition
to the proposed sign ordinance because he felt that its
adoption would be a hindrance to the businessman providing
the public with knowledge of various products and would
hinder the public in that they would not know what is
available.
The owner of Crow's Rentals stated that he had a petition
which had been signed by his customers stating their
opposition to the sign ordinance. The small independent
businessman will be damaged by the adoption of the sign
ordinance since their is little money available to the small
businessman for advertisement. For what a newspaper ad
would cost, the small businessman can rent a sign for a
month. This sign would be working for the businessman 30
days, 24 -hours a day.
Rick Clark of Baytown Oil Sales concurred with what
Mr. Crow and Mr. Arnold had said.
Mr. Bill Nethery, representative of various civic
organizations, encouraged the adoption of the ordinance on
the premise that the ordinance would work toward the good
for the greatest number of citizens. He reminded Council
that there are a number of people who work in Baytown, but
elect to live elsewhere because of the general appearance
of the city.
Tina Schlobohm, student at Ross Sterling, stated that
she felt that signs are a service to the people and there-
fore, the ordinance should be revised.
Rob Schmerier with Foster and Kleiser stated that he
had attended the work sessions related to the proposed sign
ordinance. He stated that a great amount of time had been
expended toward this ordinance and that the ordinance is
what a majority of the people of Baytown want.
Mr. Jack Leavins expressed the feeling that the ordinance
was too restrictive with regard to portable signs.
Mayor Hutto mentioned to those-in attendance that
should Council adopt the ordinance that the ordinance cer-
tainly could be amended to reflect the views of a majority
at any time in the future. The vote follows:
Ayes: Council members Philips, Simmons, Wilbanks,
Fuller and Cannon
Mayor Hutto
Nays: Councilman Johnson
30414 -10
Minutes of the Regular Meeting - April 14, 1983
ORDINANCE NO. 3593
AN ORDINANCE ADOPTING A NEW CHAPTER OF THE CODE OF ORDINANCES
OF THE CITY OF BAYTOWN TO REGULATE SIGNS AND BILLBOARDS
AND THE PERMITTING THEREOF; PROVIDING A SAVINGS CLAUSE;
PROVIDING A REPEALING CLAUSE; PROVIDING A PENALTY CLAUSE;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Repealing Section 17 -17, of the
Code of Ordinances, "Posting Placards, Bills, Etc. on
Public Property
Since the provisions of Section 17 -17 of the Code of
Ordinances of the City of Baytown, "Posting Placards, Bills,
Etc. on Public Property," is a part of the newly adopted
sign ordinance, the Administration recommended that that
section be repealed effective ten (10) days from its passage.
The reason that this ordinance should be repealed effective
ten (10) days from its passage is that the sign ordinance
takes effect ten (10) days after passage.
Councilman Johnson moved to
Fuller seconded the motion. The
Ayes: Council members Phil
Wilbanks, Fuller and
Mayor Hutto
Nays: None
ORDINANCE
adopt the ordinance; Councilman
vote follows:
ips, Johnson, Simmons,
Cannon
NO. 3594
AN ORDINANCE AMENDING CHAPTER 17, "MISCELLANEOUS PROVISIONS
AND OFFENSES" OF THE CODE OF ORDINANCES OF THE CITY OF BAYTOWN
BY REPEALING SECTION 17 -17 "POSTING PLACARDS, BILLS, ETC. ON
PUBLIC PROPERTY "; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Authorizing an Agreement with
- Lee College for Joint Use of Park Facilities
Lee College has plans to have a baseball team and compete
in a Community College League. The Administration has-worked
out a recommended contract which would enable the college to
utilize the Jenkins Park baseball field. The attorney for
the college board has reviewed the contract which contract
meets with his approval. The contract is similar to contracts
the city has with other organizations that use city athletic
fields. The Administration recommended approval of the
contract. The college would be responsible for maintenance
of the grounds included in the baseball field and surrounding
area. If the college wanted to modify the facility, they
would have to obtain approval from the city and pay the cost
of modification.
Councilman Johnson 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
30414 -11
Minutes of the Regular Meeting - April 14, 1983
ORDINANCE NO. 3595
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN AGREEMENT WITH LEE COLLEGE
FOR THE JOINT OPERATION OF THE BASEBALL FACILITIES AT W. L.
JENKINS MEMORIAL PARK.
Consider Proposed Ordinance, Establishing Parking Changes
on West Defee Avenue Near the Post Office
The proposed changes were worked out with post office
officials and have been in effect on a temporary basis for
approximately sixty (60) days. The Administration feels that
the changes are working as intended and the postmaster is
satisfied with the manner in which the changes are working.
The Traffic Commission recommended approval of the proposed
changes; the Administration concurred.
Councilman Philips moved for adoption of the ordinance;
Councilman Cannon seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 3596
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING A PORTION OF WEST DEFEE AVENUE AS A NO
PARKING ZONE; DESIGNATING A PORTION OF WEST DEFEE AVENUE
AS A 15 MINUTE PARKING LIMIT ZONE; REPEALING ORDINANCES
INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM PENALTY OF
TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR EACH VIOLATION;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Establishing Controlled
Intersections on East Hunnicutt at Tenth Street and
on Crestway Drive at North Burnett Drive
The proposed ordinance is a recommendation of the Traffic
Commission. The ordinance would establish yield signs on
East Hunnicutt at Tenth Street and change the existing yield
signs on Crestway at North Burnett to stop signs.
Councilman Philips 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. 3597
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, DESIGNATING CRESTWAY DRIVE AT NORTH BURNETT DRIVE
AS A STOP INTERSECTION; DESIGNATING EAST HUNNICUTT AT
TENTH STREET AS A YIELD INTERSECTION; REPEALING CONFLICTING
ORDINANCES; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND N01100 ($200.00) DOLLARS FOR THE VIOLATION THEREOF;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
30414 -12
Minutes of the Regular Meeting - April 12, 1983
Consider Authorizing Reduction of Retainage on Craigmont /Ponderosa
Water Line Project
Mr. Lanham requested that consideration of this item be delayed.
In response to an inquiry from Council, Mr. Lanham stated that
some of the problems with sidewalks in the vicinity of
Craigmont /Ponderosa were corrected by the contractor, but
some of the problems were not caused by the contractor.
There have been numerous water line breaks through the years
in that area and some of those problems may have been caused
by those breaks. Norman Dykes, Director of Public Works /City
Engineer, reported that some of the sidewalks are cracked
which is typical of many sidewalks in Baytown and normally
the city does not correct those type problems unless they
become hazardous. All the areas where there was a displacement
of some sort which would be a hazard have been repaired.
Consider Proposed Resolution No. 836, Authorizing the City
Manager to Make a Grant Request to the Texas Parks and
Wildlife Department for Acquisition of Park Property
The Administration has been working on acquiring park
property on Airhart in the vicinity of Lynchburg using
Community Development funds. Community Development funds
can be used to match other grants. The Administration would
like to submit an application to the state for fifty (500)
percent of the estimated cost of the land. If the city can
get that,'Community Development funds can be used to
match that for the purchase of land. The city would,
be responsible for development costs. The land purchase
would consist of sixteen (16) acres.
In response to an inquiry from Council, Mr. Rountree
stated that the plans are that this park will be a facility
much like Roseland Park - -more of a regional park.
Councilman Simmons moved for adoption of the resolution;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 836
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
DESIGNATING THE CITY MANAGER AS BEING RESPONSIBLE FOR ACTING
FOR AND ON BEHALF OF THE CITY OF BAYTOWN IN DEALING WITH THE
TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE PURPOSE OF
PARTICIPATING IN THE LAND AND WATER CONSERVATION FUND ACT
OF 1965; CERTIFYING THAT THE CITY OF BAYTOWN•IS ELIGIBLE TO
RECEIVE ASSISTANCE UNDER SUCH PROGRAM; AND PROVIDING FOR
THE EFFECTIVE DATE HEREOF.
30414 -13
Minutes of the Regular Meeting - April 14, 1983
Consider Approving Proposal to the Houston /Harris County
Area Agency for Senior Citizen Program Funding
This is also an application from the Parks and Recreation
Department for $4,382 for senior citizens softball league,
senior citizens celebration and agercise program. The Admin-
istration recommended approval of the application.
Councilwoman Wilbanks moved to authorize the Administra-
tion to make application to the Houston /Harris County Area
Agency on Aging for Senior Citizen Program Funding; Councilman
Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consent Agenda
Since Council had been furnished with a copy of a letter
from Environmental Sales and Service, Inc. regarding Consent
Agenda Item d, Council decided to look at that item before
making a determination if the entire Consent Agenda should
be considered as one item. Environmental Sales and Service
was one of the bidders on a high velocity sewer cleaner.
The Administration had recommended that the bid be awarded
to the low bidder, Industrial Disposal Supply. The low
bidder's bid met City of Baytown specifications. The staff
did check with other cities concerning the Aquatech unit
and did receive varying degrees of comment. However, the
sales representative for IDS answered to the satisfaction of
the staff that the problems with the unit have been corrected
and that his company will stand behind the product.
Points brought out by Environmental Sales & Service,
Inc. included the following:
1. The City of Houston owns six Aquatech units which
they are ready to force into a very early retire-
ment due to extremely unreliable operation.
2. The City of Houston during the past 24 months has
purchased in excess of $30,000 in repair parts
through Environmental Sales & Service, Inc. in a
vain attempt to keep the unit serviceable.
3. The Gaso pump used by Aquatech is not approved by
the manufacturer for the application stated. The
manufacturer will not directly warrant the pump
because the Aquatech application calls for the pump
R.P.M. to greatly exceed manufacturer's sternly
recommended specifications.
4. The Aquatech pump sells for approximately $9,000
while our pump sells for approximately $3,500.
30414 -14
Minutes of the Regular Meeting - April 14, 1983
5. The inferior quality of coating on the tank interior
has caused the City of Houston to replace two water
tanks at great expense. The last replacement tank
was quoted at approximately six months out of the
factory on an emergency basis.
6. The City of Baytown has never been demonstrated an
Aquatech, nor compared the performance to an FMC unit.
7. Only 10 to 12 Aquatechs exist in the Texas municipal
market.
8. The FMC unit now in use by the City of Baytown has
provided excellent service.
Pete Cote, Purchasing Agent, pointed out to Council that
only two of the companies that bid met specifications - -IDS
and Naylor.
The sales representative for IDS was present and addressed
the Council with regard to some of the information provided
by Environmental Sales and Service, Inc. He stated that the
City of Houston has had problems with the Aquatech units as
far as service is concerned, as well as follow -up; however,
Environmental Sales & Service, Inc. sold these units and
have been the servicing agent for the City of Houston on the
Aquatech. If the City of Houston has expended $30,000 on
parts for the Aquatech, Environmental Sales has made the
profits from those sales, not IDS. As far as Aquatech
being a new product, IDS has been handling this line for
about six months in the State of Texas. The reason that IDS
has the product line is because Environmental Sales was
cancelled by Aquatech as being a poor distributor for Aquatech.
The reason that Aquatech has not been sold in the State of
Texas is because Environmental Sales elected not to sell
the product over whatever period of years they had it as
a product line. The Aquatech is one of the more accepted
products in the world. Environmental Sales & Service elected
not to sell it because they sell other product lines. IDS
has been in business four times longer than Environmental
Sales. IDS is the largest distributor of refuse equipment
in the Southwest, with major facilities in the City of Houston,
City of Plano and Corpus Christi, the home office. IDS offered
at its cost a five -year continuous, every two months,
maintenance program to the City of Baytown. IDS obtained
from the factory a five -year pro -rata warranty on the pump
and on the tank and it is generally accepted in the industry
that this will be a six -month warranty.
In response to an inquiry from Council, the IDS repre-
sentative explained that the difference between Aquatech and
competition is that Aquatech uses plungers rather than pistons.
It is a copy of an oilfield pump which is quite durable.
Councilman Cannon stated that it appeared that the
Administration had considered this matter carefully and
moved to adopt the Consent Agenda.
Jack Smith with Environmental Sales and Service was
present and requested to be recognized. Mr. Smith requested
that Council table the item for further study. He reiterated
some of the points presented in the information to Council
and pointed out that downtime could be very costly. He also
mentioned the fact that it was very difficult to write
specifications that all companies could bid.
30414 -15
Minutes of the Regular Meeting - April 14, 1983
Mr. Lanham clarified that the Administration's policy
is to recommend low bidder unless that bid does not meet
specifications.
Councilman Fuller concurred that Council has not always
taken low bid and that the Administration has recommended
in the past that the low bid not be accepted due to that bid
not meeting specifications.
Councilman Philips suggested that Council go ahead and
consider Item 6, as Councilman Cannon has moved, as part of
the Consent Agenda since the item had been properly presented
for Council consideration. Councilman Simmons seconded the
motion.
Councilwoman Wilbanks commented prior to the vote that
both the Council and city staff need to hear that the comment
has been made "we tried to deal with these people or we did
this or we did the other, and felt that it was necessary to
come to the City Council." She continued that she felt that
this was the type thing that Council would ask Mr. Lanham to
see that, from an Administrative standpoint, details like
this are followed up on. Regardless of the validity of the
statement; the statement has been made. She specifically
asked that the Administration do some follow up. Councilwoman
Wilbanks said that Council's only options with regard to Item
d on the Consent Agenda would be to either reject all bids
and rebid or approve the low bidder. However, even a more
serious problem which could have a long -term effect is how
the bidding process is managed and how we respond to input
or questions that are received from others. Councilman
Philips concurred. He said that he thought what Councilwoman
Wilbanks was asking for was a review of the City's purchasing
procedures to make certain that all bidders are fully heard
and have an opportunity to talk to anyone that they feel
they should to present their views.
Mr. Lanham stated that he felt that the gentlemen from
Environmental Sales had been listened to, but perhaps the
city staff disagreed with their points and he felt that the
staff should have that right. Also, he stated that if these
gentlemen wanted to submit this letter and raise these
questions, this should have been done several days ago to
allow the Administration time to check out the comments and
make a report to Council. Then the information could have
been forwarded to Council along with the agenda information
and the Administration could have come to Council with more
detailed information. However, for these gentlemen to bring
this letter in tonight is an unfair manner in which to deal
with the situation.
The consent agenda as presented to Council follows:
a. Proposed Ordinance No. 30414 -8, will award the bid
for the purchase of two - 4" centrifugal trash
pumps. We received six responses but only one bid
was received. Pump & Power submitted a bid of
$6,098. Council has budgeted $4,192.00 for this
purchase.
We recommend the low bidder, Pump and Power, be
awarded this bid.
30414 -16
Minutes of the Regular Meeting - April 14, 1983
b. Proposed Ordinance No. 30414 -9, will award the bid
for the annual garbage bag contract. Six (6) bids
were received. Bemis Company submitted the low
bid of $57,000. Council had budgeted $58,000 for
this purchase. The bid by Bemis is $540.00 less
than last year's bid price. This is a 1% reduction.
This will bring the city's cost down from the
current $2.88 per box to $2.85 per box. The City
will continue to sell the bags at $3.50 a box.
This additional amount will help cover the Administration
of the program.
We recommend the low bidder, Bemis Company, Inc.
be awarded this contract.
C. Proposed Ordinance No. 30414 -10, will award the
bid for the speaker system for the Council Chamber.
Two (2) bids were received. The low bid was
submitted by Sterling Commercial Sound in the
amount of $5,243.75. Council has budgeted $6,000.
for this purchase.
We recommend the low bidder, Sterling Commercial
Sound, be awarded this contract.
d. Proposed Ordinance No. 30414 -11, will award the
bid for high velocity sewer cleaner. Five (5)
bids were received. Industrial Disposal Supply
submitted the low bid of $36,236. Council budgeted
$39,636 for this purchase.
We recommend the low bidder, Industrial Disposal
Supply, be awarded this contract.
e. Proposed Ordinance No. 30414 -12, will award the
rehabilitation contract for 1124 Daniel Street.
Only one bid was received, that was the bid of
Prosper Brothers in the amount of $9,599. The
office estimate for this rehabilitation was $12,350.
We recommend the low bidder, Prosper Brothers, be
awarded this contract.
f. Proposed Ordinance No. 30414 -13, will award the
rehabilitation contract for 400 East Fayle Street.
Two (2) bids were received. The low bidder was
John Kidd in the amount of $8,130. The office
estimate for this rehabilitation was $7,925.
We recommend the low bidder, John Kidd, be awarded
this contract.
g. Proposed Ordinance No. 30414 -14, will award the
rehabilitation contract for 1519 Missouri Street.
Four (4) bids were received. John Kidd submitted
the low bid of $6,385.
We recommend the low bidder, John Kidd, be awarded
this contract.
30414 -17
Minutes of the Regular Meeting - April 14, 1983
h. Proposed Ordinance No. 30414 -15, will award the
rehabilitation contract for 1209 Turner. Only one
bid was received; that was the bid of Prosper
Brothers in the amount of $9,750. The office
estimate for this project was $9,995.
We recommend the low bidder, Prosper Brothers, be
awarded this contract.
i. Enclosed in the agenda packet is a letter from
Rafael Ramon requesting water service to a location
one - fourth mile west of Goose Creek on the south
side of Interstate 10. This location is within
Harris County Fresh Water Supply District 1 -A;
however this district indicates that they are
unable to serve Mr. Ramon with water at that
location. Also enclosed in the agenda packet is a
letter from Bessie M. Page, Office Manager, Harris
County Fresh Water Supply District 1 -A, indicating
this. The City of Baytown does have water service
in that area. Mr. Ramon has been advised of the
various charges involved.
We recommend approval of his request.
The vote follows:
Ayes: Council members Philips, Simmons, Wilbanks,
Fuller and Cannon
Mayor Hutto
Nays: Councilman Johnson
ORDINANCE NO. 3598
AN ORDINANCE ACCEPTING THE BID OF PUMP & POWER FOR TWO (2)
FOUR INCH CENTRIFUGAL TRASH PUMPS AND AUTHORIZING THE PAYMENT
BY THE CITY OF BAYTOWN OF THE SUM OF SIX THOUSAND NINETY
EIGHT & N01100 ($6,098.00) DOLLARS. (Proposed Ordinance No.
30414 -8)
ORDINANCE NO. 3599
AN ORDINANCE ACCEPTING THE BID OF BEMIS COMPANY, INC.
FOR THE ANNUAL GARBAGE BAG CONTRACT AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FIFTY SEVEN
THOUSAND & N01100 ($57,000.00) DOLLARS. (Proposed Ordinance
No. 30414 -9)
ORDINANCE NO. 3600
AN ORDINANCE ACCEPTING THE BID OF STERLING COMMERCIAL
SOUND FOR A SPEAKER SYSTEM FOR THE COUNCIL CHAMBERS AND
AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM
OF FIVE THOUSAND TWO HUNDRED FORTY THREE & 75/100 ($5,243.75)
DOLLARS. (Proposed Ordinance No. 30414 -10)
30414 -18
Minutes of the Regular Meeting - April 14, 1983
ORDINANCE NO. 3601
AN ORDINANCE ACCEPTING THE BID OF INDUSTRIAL DISPOSAL SUPPLY
FOR A HIGH VELOCITY SEWER CLEANER AND AUTHORIZING THE PAYMENT
BY THE CITY OF BAYTOWN OF THE SUM OF THIRTY SIX THOUSAND TWO
HUNDRED THIRTY SIX AND N01100 ($36,236.00) DOLLARS. (Proposed
Ordinance No. 30414 -11)
ORDINANCE NO. 3602
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT #82 -03 -10 TO PROSPER BROTHERS FOR THE
SUM OF NINE THOUSAND FIVE HUNDRED NINETY NINE & N01100
($9,599.00) DOLLARS. (Proposed Ordinance No. 30414 -12)
ORDINANCE NO. 3603
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT #82 -04 -11 TO JOHN KIDD FOR THE SUM OF
EIGHT THOUSAND ONE HUNDRED THIRTY & N01100 ($8,130.00) DOLLARS.
(Proposed Ordinance No. 30414 -13)
ORDINANCE NO. 3604
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT #82 -04 -12 TO JOHN KIDD FOR THE SUM OF
SIX THOUSAND THREE HUNDRED EIGHTY FIVE & N01100 ($6,385.00)
DOLLARS. (Proposed Ordinance No. 30414 -14)
ORDINANCE NO. 3605
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT 082 -03 -13 TO PROSPER BROTHERS FOR THE
SUM OF NINE THOUSAND SEVEN HUNDRED FIFTY & N01100 ($9,750.00)
DOLLARS. (Proposed Ordinance No. 30414 -15)
For bid tabulations, see Attachments "B" through "F."
Consider Appointment to Clean City Commission
Councilman Cannon moved to appoint Mark Hall to fill an
unexpired term on the Clean City Commission; Councilman Johnson
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Consider Appointment to Urban Rehabilitation Standards
Review Board
Councilman Philips moved to appoint C. W. (Bill) Lubbock
to the Urban Rehabilitation Standards Review Board in the
position of Registered Engineer; Councilman Fuller seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
30414 -19
Minutes of the Regular Meeting - April 14, 1983
Consider Appointment to Baytown Appraisal Review Board
Councilman Philips moved to appoint Joe Muller to serve
a term of one year on the Baytown Appraisal Review Board;
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 reconvened the following business was transacted:
Consider Approval of Proposed Settlement of Claim with
American Title
Councilman Johnson moved to approve the proposed settle-
ment of claim with American Title; Councilman Philips seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Wilbanks, Fuller and Cannon
Mayor Hutto
Nays: None
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
Eileen P. Hall, City Clerk
PREMIUM SUMMARY BY LINE OF INSURANCE
Present First Alexander
Coverage Gallagher TML Boti Agency & Alexander Lucas
Property Insurance $116,603 - min.
(Bldgs & Conts) $ 56,033 $209,603 - max. $ 18,886(1) $ 20,279
$ 25,547 $ 20,642 $ 21,626
Contractors Equipment
& Floater Items 3,836 Included 3,174 2,778 3,624 Included 3,470
Boiler & Machinery 313 450 414 171 414 345 No Quote
EDP Included 1,094 1,119 3,719 4,941 No Quote
General Liability (2) 54,293 Included 101,266 32,637 28,031 26,739 52,321
Auto Liability &
Physical Damage {2) 56,602 Included 56,421 72,620 97,518 76,883 122,224
Public Officials Liability None 12,462 11,626 3,074 5,875 4,619 No Quote
Law Enforcement Liability None Included 11,775 23,393 16,450 23,488 No Quote
Crime 942 Included 3,050 1,675 1,744 1,597 No Quote
Umbrella Liability None Included 12,300 12,610 30_800^ 27,500 No Quote
TOTAL $172,019 $129,515 - min. $222,951 $170,356 $213,722 $186,754
vE
> $205,641
$220,015 - max. �
� (2) The TML quote does not include the cost of flood insurance, which would be extra. '
( ) Premiums for general liability reflect an experience credit of 65%, and*for auto v �
liability credit of 31%
R �
iH( Qii COMPANY
Attachment "B"
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CITY 0W BAYTOW N
ANNUAL GARBAGE .BAG CONTRACT B1D TABULATION
t: #833 -49 ,
-MARCH 30, 1983 2:00 P.M.
BEMIS COMPANY B 8 E PACKAGING POLY- AMERICA CHICAGO TRANS. ADAMS IND.
�1 QTY DESCRIPTION UNIT XTENDEO UNIT I EXTENDED UN1 X ENO ED UNIT EX�'EuZ) 0 U.::T I E%���� *�
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ANNUAL GARBAGE BAG CONTRACT, per ,
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specifications. i I
1,000,000 2 mil Plastic Garbage Bags; 50 $57.00M 57,000.00 64.97/m 64,970.00 65.12/m 65,120.00 61.24/m 61,236.00 57.28/m 57,280.00
! bags per box w /closures
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TOTAL: $57,000-00 $64,970.00 $65,120.00 $61,236.00 i$57,280.00
DELIVERY: 30 DAY AS SPECIFIE 30 DAYS AS SPECIFIED 30 DAY AS SPECIFIE 30 DAY AS SPECIFIE 30 DAYS AS SPEC.
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-tit QTY DESCRIPTION
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f�ID TABULAT101U
Sterlin Comm.
.unrr xTErvoEO unr r pcTFNoEO uN1T
PRfC£� PR►CE _- nAfC�' PRICE f''
3
Mixers �
514. � 1542.00
641.25
1923.75
1
Am lifier -
P
362. � 362.00
438.75 1
438.75
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� Microphone
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I39. ! 1668.00
I
188.44 I
2261.75
� 1
j Racks mounts -amps
Inc. � Inc.
38.25
� 38.25
3
Racks mounts =mixer
29.95 89.$5
38.25
114.75
2
Jack w /wll mount �
9.90 .19.80
16.50
33.00
� 2
Plugs-
4.00 8.00
6.50
13.00
j�
� I00 ft.
.3 cable conductor
12.00t 12.00'
.90
90.00
� 10
New flex for microphones
i
19.001 190.00
11.75
� 117.50
i. � 2
Microphones -w table stands
131.00 262.00
232.69
� 465.38
__"
Miscellaneous Hardware
300.00 300.00
123.00
123.00
�, a
Labor
790.00 790.00
510.00
510.00
TOTAL:
5243.65
6129.13
Delivery
45 days del.
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del .
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-L �: High Velocuty Sewer Cleaner �1D „�AB�LQ.i,..l ��
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7-E.March 22, 1983 2:00 pm.
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DES C R ! PTION
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High Velocity Sewer
$38,354.00
36,657.00
$48,;083:�i0
� 41,886.13
141,688.
Cleaner
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alt. 50,656.00
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90 days'ARO
60 -90 Da
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120 d«ys`ARO
60 days ARO
90 days: ARO
Warranty �'
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.12,000
180 days
1
12 mo or 12,000
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mile
Maintenance
37.50
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3 I D: #27
)ATE. April 5, 1983
BID TABULATION
Prosper Bros. .John Kidd Ed Shook Buck Bishop
UNIT EXrr_iv0E0. UNIT EXTENDED UNIT Ek7CRUDED UNf XY
TEM
QTY
DESCRIPTION