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1983 10 06 CC Minutes31006 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN October 6, 1983 The City Council of the City of Baytown, Texas, met in regular session on Thursday, October 6, 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 Gerald Dickens Allen Cannon 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 transacted: Consider Minutes for the Special and Regular Meetings of City Council Held on September 16, 1983 and September 22, 1983 Respectively The City Manager clarified that at the last Council meeting, the Administration had indicated that 100% of the cost of preventive care would be provided. However, the policy provides that 80% of the cost will be covered with no deductible; therefore, the minutes have been drafted to reflect the correct information. Councilman Philips moved to approve the minutes for both meetings as presented; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Receive Petitions Bob Zarco, 210 Yaupon, stated that he resided in Lake- wood in the lower section, that the residents of that area had also suffered damages from the storm, and they felt that they had been overlooked in that area. Mr. Zarco stated that a petition had been put together which in that partic- ular block of Yaupon 100% of the homeowners had signed. In the adjoining block -- Burnett, there is a goodly number in that area. He said that approximately 41 homes would be 31006 -2 Minutes of the Regular Meeting - October 6, 1983 affected and there would be a petition forthcoming from neighbors in Lakewood with anywhere from 50 to 100 other neighbors who are in agreement with the original signers. Council had had no opportunity to review the petition; therefore, Mayor Cannon suggested that Council accept the petition and forward it to the Administration. Mr. Lanham inquired if Mr. Zarco was asking that Council take action to include this portion of Lakewood in the area that would be eligible for 1362 Federal Assistance. Mr. Zarco responded that the petition was not addressing 1362 necessarily because that seemed to address itself primarily to Brownwood and that he had been told by several of the authorities that those funds had been utilized to the maximum plus. For this reason, Mr. Zarco stated that the petitioners wished this portion of Lakewood to be addressed as an entirely new issue separate from that. He mentioned that their representatives in Washington and locally as well had been contacted to determine what funds might be available. This is what they were addressing and what they wanted the Administration to investigate from all prospects, not just 1362. Mayor Cannon stated that the petitioners then would not want this to be included in the Brownwood hazard area as such. This would be a new section. Mr. Zarco responded in the affirmative, but added that the request is for buy out. Councilman Johnson moved that the petition be accepted and forwarded to the Administration; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None In response to a question from Mr. Zarco regarding who to contact as far as communications, Mayor Cannon stated that the Administration would be reporting back to Council at the regularly scheduled meeting on October 27. This will take a great deal of investigation. Mr. Zarco stated that the signers had taken the liberty and that that was being investigated by FEMA, but FEMA representatives had requested that the petitioners address Council to be certain that everything was done in proper order. Mr. Zarco was informed that he could be in contact with the City Manager or the Assistant City Manager in the interim and that an item would be included on the next Council agenda in this regard. Mayor Cannon inquired original of the petition to sponded that he had handed to the City Clerk, but she signatures. City Manager's Report of Mr. Zarco if he had handed the the City Clerk. Mr. Zarco re- the original thirteen (13) signers was not given all the other Debris at 1418 Kilgore - Mrs. Peggy Williams who resides at 1418 Kilgore had appeared before Council at the last meeting concerning debris which had washed onto her property during Hurricane Alicia. The Administration had taken pictures of the debris along Kilgore in the vicinity of Mrs. Williams' 31006 -3 Minutes of the Regular Meeting - October 6, 1983 property. The debris which had been pushed out onto Kilgore Road has been removed by city crews, that is, for the most part, since some of it is small pieces of material which the equipment could not remove. She had also expressed con- cern regarding dumping of materials into a large pit on the property next door to 1418 Kilgore. The man who owns this property has been contacted; he has stated that he will cover the pit. In summary, the City Manager reported that the Admin- istration felt that the city will be able to get the owner of the pit to cover the materials that have been hauled in there, and he had indicated that no other materials will be hauled to that location. Secondly, the city has removed the material which had been pushed onto City of Baytown right of way, along with the regular debris clearance operation. Thirdly, the problem of ownership regarding whose responsi- bility it is to remove this material from private property is a private property matter and not something that the city can resolve. If additional debris is placed out on the roadway and if it is something that can be picked up with the city's equipment, it will be picked up. In response to an inquiry from Council, Mr. Lanham stated that at some point, the Administration may need to ask Council to set a cut off date for handling of debris. Many areas in the city are currently being utilized as dump sites. At some point the city must say that brush and materials that are allowed by ordinance will be removed, but other materials will not be removed; Council concurred. Councilman Fuller mentioned a problem that Mrs. Rogers who owns acreage across from Baytown Junior High is having. There is a long barrier on Bayway Drive which is just on the edge of a bar ditch. Mrs. Rogers has brought debris and brush from her property to the other side of the bar ditch rather than putting it into the ditch. She was told originally by a contractor that he would pick it up, but obviously he was unable to do so, which left a mess there. Mrs. Rogers would like to have the brush and debris removed. Mr. Lanham stated that if the materials can't be reached with the city equipment, if Mrs. Rogers would give the city a temporary working easement to get in there, city crews would remove the brush and debris. In this particular case, the city would be justified in going in to remove the materials. Mayor Cannon reported that in the alley between Bowie and Bolster just off Lee Drive there is debris piled which persons who reside in the area are afraid may catch fire. Councilman Philips requested that the Administration address the problem of brush and debris on vacant lots throughout the city. He also requested that attention be given to the entrance to Country Club on Fairway which has collapsed, as well as Airhart at Decker where a traffic control device box needs to be removed and the hole backfilled with concrete. Houston - Galveston Area Council Study on Solid Waste Management - Mr. Lanham reported that the cost for the City of Baytown to participate in the Houston - Galveston Area Council Study on Solid Waste is $3,000. An invoice has been received for payment. Mr. Lanham stated that unless Council 31006 -4 Minutes of the Regular Meeting - October 6, 1983 had some objection, he would go ahead and process the invoice; Council expressed no objection. However, Council did express the opinion that a large portion of the study should address incineration. Weatherization - The Administration has been contacted by the Texas Department of Community Affairs and invited to participate again in the low income weatherization program. Several months ago, the city received a grant of $17,000 to participate in this program; however, only seven applicants have been involved in the program. There are many reasons for this. The grant limit is $1,000 with a limit of $150 for structural repairs which is too small to weatherize most homes. Contractors have shown little interest in bidding on most projects largely because the State mandates a 35% cap on labor costs. The program is actually designed to operate with volunteer labor and donated materials. The City of Pasadena and Harris County Community Development have decided not to participate. The Administration recommended non - participation in the weatherization program for the reasons set forth above; Council expressed no ob- jections. Work Session with Mont Belvieu Officials - Prior to Hurricane Alicia, Council had requested that a work session be scheduled with officials of Mont Belvieu to discuss their request regarding annexation. That was not done because of the hurricane; therefore, Mr. Lanham suggested that those officials be contacted to schedule a work session prior to next Council meeting. Council felt that this should be done. Brush clearance - With regard to brush clearance in the parks and around the City Hall Complex, that contract is about eighty (80 %) percent complete. Rollingbrook Drive - The contractor has completed instal- lation of the sanitary sewer line on Rollingbrook Drive. Final cleanup remains to be done. Rollingbrook Drive Extension - About thirty -five (35 %) percent of the drainage system has been installed; thirty (30 %) percent of the drainage ditch has been dug and bridge construction has begun. 1983 Street Improvement Program - All the curb and gutter is in place on Dayton Street and reconstruction of the base is to begin on October 7. Brown Loop has been reconstructed and the asphalt work has been completed. Nolan Road has been reconstructed and the asphalt work is scheduled for October 7. On Jack Street eighty -five (85 %) percent of the asphalt work has been completed and reconstruction is in process. Most of the remaining streets require surfacing only; there- fore, from here on that contract should move very rapidly. Water Line Project on Crosby Cedar Bayou Road - That project is about twenty -five (25 %) percent complete. Employees picnic - The picnic has been rescheduled to Tuesday, October 25. Zoning - Council concurred that an item should be placed on the next agenda to discuss zoning. 31006 -5 Minutes of the Regular Meeting - October 6, 1983 Questions /Comments From Council In response to an inquiry from Council regarding the progress of work on North Main Street which is a county pro- ject, Norman Dykes, City Engineer /Director of Public Works, stated that a few days ago the temporary roadway was in place and the contractor was laying asphalt. The contractor was preparing to move traffic onto the new temporary east lane and use the old east lane as the west lane so that the old west lane can be taken out and the contractor can begin to concrete it. Traffic is moving in that area. Mr. Lanham reported that there had been a base problem on Jack Street during the time that the surfacing was being put in place so the contractor stopped and soil tests were performed, afterwhich the contractor came back and reworked that portion of base. Mr. Dykes also reported that there had been a problem there with a resident watering the street to keep the dust down every day so that that portion didn't dry out. The crown on Jack Street was lowered to avoid backing problems. Drainage Problem on Ed Issacks Property - The Admin- istration has had many contacts with Mr. Issacks regarding the drainage problem that exists on his property. In fact, Mr. Issacks was apprised by the Administration before the housing project off Nolan Road ever began that the drainage problem existing on his property was one that he would have to handle. There is drainage that goes through from the housing project to Highway 146, but it is an area that holds water so if the owner of the private property in there could be pursuaded to drop an inlet into that storm sewer, the area would drain. It is not a city problem other than the fact it creates a health problem with it being a breeding ground for mosquitoes and snakes. Therefore, Mayor Cannon suggested that the city exert all the pressure possible to get that owner to remedy this problem. Mayor Cannon mentioned the Congressional hearing that he and Mr. Lanham attended in Houston two weeks ago. Congress- man Brooks also had a group of three down in this area yes- terday to discuss problems which resulted from Hurricane Alicia. The contractor has cleared Bayland Park of debris which resulted from Hurricane Alicia and the park now looks barren. Councilwoman Wilbanks requested that attention be given to the following problems: 1. Drainage problem in the area of Harold Lane and State Street; 2. Timing of the light at the intersection of Harold and North Main; 3. Closing of the League of Women Voters Park at some hour for late evening; 31006 -6 Minutes of the Regular Meeting - October 6, 1983 4. Water leak on Woodcrest and leaking fire plug on Scenic Drive; 5. Placement of some sort of barrier to indicate location of public property at 710 Inwood. In response to an inquiry regarding the possible drainage of the Nolan /Mabry Road area into Spur 201 right of way, Mr. Dykes reported that the highway department had verbally indicated that this would not be possible. The Administra- tion requested that the highway department forward that response in writing, but that response has not been received as yet. Councilman Johnson inquired if the city was going to do anything about Pruett Street or was the city just going to wait and let it get rougher. Mr. Lanham responded that streets all around that area have been paved and that section has always been excluded because of the Spur 201 project. Anheuser -Busch Baytown Turf Nursery - Mayor Cannon requested that the letter dated August 22, 1983 from Baker & Botts be attached to the minutes and become a part thereof. Council had no objections. That information is attached to the minutes as Attachment "A." Reimbursement for Hurricane Expenditures - Within the next ten days, the Administration expects to receive an advance for the amount of $368,000 which is 50% of 75% of the early estimates. The actual costs will probably differ from these early estimates. The total amount that Council may expect the city to receive if the full 75% is received of the early estimate would be $736,000. Bill Verner, General Manager of Group W, Cable TV, Will Present Progress Report The City Manager stated that Mr. Verner is new to the Baytown area, but he has had experience in other cities in the cable business, and Mr. Verner has worked for the State of Texas. He has been in Baytown for two months. Mr. Verner presented a report which covered system status, construction and operation of the Cable TV System in Baytown. A copy of that report is attached to the minutes as Attachment "B." In response to question that credit for lost service call for service. Recently, service to work out problems in house procedures had been were calling in more often. s from Council, Mr. Verner stated is given to those customers who he did meet with the answering in that area and additionally revised so that technicians Consider Petition Protesting Application for Mixed Beverage And Mixed Beverage Late Hours Permit at 1909 North Pruett Council had been furnished with copies of the petition. N 31006 -7 Minutes of the Regular Meeting - October 6, 1983 Mr. M. L. Griffith, representative of the Graywood Civic Association, appeared to speak in opposition of the opening of the tavern and the granting of a liquor license for the club which is to be located at 1909 North Pruett. Mr. Griffith stated that there were about 225 signers of the petition which some of the signers resided outside the Gray - wood Subdivision. Mr. Griffith identified 1909 North Pruett as the northeast corner of the K -Mart Building. Councilman Johnson moved to accept the petition; Council- woman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Councilman Johnson stated that he would have to go along with the feelings that he had had before on the other appli- cation (referring to the application on Pruett) that there are too many folks residing in close proximity to the location and that he agrees with the points made in the petition which included: 1. Additional Noise; 2. Influence on neighborhood youth; 3. Proximity to schools; 4. Likely adverse effect on property values; 5. Denigrating effect on the way of life of the residents. For these reasons, he would go on record as being opposed to this application. Randy Strong, City Attorney, briefed Council with regard to the Alcoholic Beverage Code. He mentioned that Council has no authority to regulate or control the issuance of Mixed Beverage or Mixed Beverage Late Hours Permits. Under the present Alcoholic Beverage Code, the Mayor may protest an application for this type permit to the Commission and the Commission will take due consideration of the Mayor's protest. In the past, what the procedure has been is if people complied with the ordinance provision of petitioning and being within the correct distance, a hearing was conducted in order that Council could give guidance to the Mayor. In this particular case none of the petitioners live within 300 feet of the proposed location. However, the item is on the agenda in the event Council would like to give the Mayor guidance. Councilman Dickens stated that basically he felt that what the petitioners were asking of Council since they realized that Council did not have the authority to say "yes" or "no" was simply to make a recommendation. 31006 -8 Minutes of the Regular Meeting - October 6, 1983 Councilman Fuller pointed out that Council had three alternates: (1) to recommend approval, (2) to recommend disapproval or (3) to take no action. Councilman Johnson moved to ask the Mayor to recommend denial of the requested permit; Councilman Dickens seconded the motion. James Zurcher, applicant, stated that he had received several phone calls regarding topless dancers at this location, and he verified that there would be no topless dancers at this location. In fact, Mr. Zurcher had signed affidavits to this fact before applying for the license and this stipulation was part of the lease agreement. Mr. Zurcher stated that he called the city prior to leasing the building to make certain that everything was up to standard because he was using his money. He had not borrowed the money to enter this endeavor. Again, Mr. Zurcher reiterated that the lounge would not have topless dancers. The lounge would be properly maintained. There will be a game room on one side with regulation sized pool tables which are used in tournament type play. Ronald Stein, property manager of the entire K -Mart center, stated that before Mr. Zurcher and his partner went into the leasing of the building, they had assured him of the type operation that would be involved in the shopping center. The owners of the shopping center, as well as Mr. Stein have a great amount of interest in every leased space in the center. The center pays taxes to the City of Baytown and the center is kept in good state of repair, clean and well lighted. Mr. Stein assured Council that any problems within the lounge, outside the lounge, cleanliness of the parking lot, loud noise, topless, pornographic would not be tolerated. Mr. Stein verified that there is a clause in the lease that specifically prohibits topless dancers. Councilman Johnson stated that he felt that this..would not be the type of business that one would want in a family oriented store like K -Mart. He stated that he realized that Duke's Club was in a shopping center prior to the fire, but the thing that came to mind is that at 9:00 o'clock K -Mart closes and there will be people in the parking lot going both places. He felt that this could present problems. Mr.-Stein responded that he could understand Councilman Johnson's feelings, but he had seen shopping centers where there is a movie theatre on one end and a liquor store and lounge on the other, with a restaurant in the middle. Again, he reiterated that this would be an exemplary type operation. Councilman Fuller commented that he felt that Council needed to look at the big picture. In the first place Baytown has no zoning whatsoever and this area is totally commercialized with similar types of organizations within a block or two. The operation meets all the legal aspects of being so many hundred feet from schools as far as con- gregation of young people. Therefore, how could Council legally support such a position? Councilman Johnson responded that Council did the same thing at the location just south of this one. 31006 -9 Minutes of the Regular Meeting - October 6, 1983 Councilman Philips pointed out that the other location was different in that there was not sufficient parking. The cars would have been out in the street and on adjoining property. Councilman Johnson stressed that at that time, Council was concerned about the location being in a neighborhood and this particular location is also fairly close to a neighbor- hood. Councilman Fuller emphasized that this area is totally commercialized and inquired on what basis would Council say that there would be an encroachment on an area that is totally neighborhood? Councilman Philips stated that he really took a negative stance when an alcoholic beverage application was made in an area where there is little or no parking capability and it looks as though it will spill over into the adjoining prop- erty and cause a traffic problem, but that is not the case here. Councilman Dickens stated that Council needed to consider that whether these people live within 300 feet or not, this establishment will affect their neighborhood. Several of the signers expressed an interest in noise control. Their homes backup to the K -Mart Shopping Center. Council does not have the power to approve or disapprove the application, only to express its opinion. Councilman Philips stated that he felt that the K -Mart management would be very very negative about any loud noises because K -Mart is a family store with family patrons there. Other Council members pointed out that K -Mart closes at 9:00 o'clock and there would be no one present to complain about what goes on at 11:00 o'clock. The vote follows: Ayes: Council members Philips, Johnson and Dickens Mayor Cannon Nays: Councilman Fuller Abstained: Council members Simmons and Wilbanks Consider Proposed Ordinance, Amending Chapter 1, Section 1 -5, General Penalty for Violation of Code, of the Code of Ordinances to Provide for a Warrant Fee of $15.00 Prior to September 1, 1983, cities were allowed to collect only $7.50 as a warrant fee; however, on September 1, the state law was amended to provide governing bodies with the option of charging up to a maximum of $25. The Administration recommended that the warrant fee be increased from the current $7.50 charge to $15.00 since the City of Baytown pays its warrant officer $15.00 for each warrant served. Councilman Dickens moved for adoption of the ordinance; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wi lbanks , Fuller and Dickens Mayor Cannon Nays: None 31006 -10 Minutes of the Regular Meeting - October 6, 1983 ORDINANCE NO. 3693 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, AMENDING SECTION 1 -5, "GENERAL PENALTY FOR VIOLATIONS OF CODE; CONTINUING OFFENSES; FEE FOR ISSUANCE AND SERVICE OF WARRANT OF ARREST FOR REARREST;" CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Renewing Contract with B. H. Greer Computer Consultant, for Data Processing Services Larry Patterson, Assistant City Manager, explained that the proposed contract called for an annual payment to B. H. Greer, Computer Consultant, of $40,008. Under the contract, Mr. Greer will provide data processing services for systems maintenance, trouble shooting, systems operation and systems development. The contract also provides for the payment of additional sums if the original agreed upon goals are modified. Mr. Patterson indicated that the data processing operations have been moving along very smoothly, and he felt through the course of next year, the original goals that are outlined should be complete and running at that time. The previous contract was set up on an hourly basis and specified a minimum number of hours in the neighborhood of 1,000 hours. What the staff has found through the development work and the fact that two computer centers were being operated was that things were being operated well above the 1,000 hours and the city has been generally expended in the neighborhood of the $40,000. For the last'two years at the beginning of each year, goals for that year have been outlined and for the most part, those goals have been met. If those goals are not met, evaluation of the reason is made and if those goals are not met because of a change made by the city, the contract continues with Mr. Greer being paid according to the work he has performed. However, if there is an error on Mr. Greer's part or a lack of work effort on his part, at that point, the city may revoke the contract on 60 days notice, or Mr. Greer may gear up to meet the expectations of the contract. In the course of a y ear, there are ebbs and flows in the work and at that particular point if the goals for that period have not been met, then an extra work is made. In general, the city's staff and Mr. Greer's staff work well together to accomplish the goals set forth. In the last two years in terms of systems, there will have been 10 new systems completed. Mr. Patterson felt that the record is good. He also mentioned that he felt more comfortable with this type arrangement than the hourly contract because it is easier to work within an annual figure. When starting a new system, many many hours are usually expended. Councilman Philips stated that if he understood the terms of the contract, Mr. Greer's rate of pay would be increased 33% in the next two years. Mr. Patterson responded that that would be only on additional modifications. The base of the contract is that each year the city would define what goals are to be achieved and on what timetable. The staff would be monitoring the work carefully and make every effort to hold the work to the base figure. The other contract con- tained the same type hourly incentives for additional work, but the staff has managed to hold the contract to the base figures. Mr. Patterson stated that going into the contract 31006 -11 Minutes of the Regular Meeting - October 6, 1983 he would expect that the city would be paying the base figure and if that amount were increased any, it would not be in- creased to more than $2,000 extra. Councilman Philips stated that he would be opposed to executing a three -year contract; therefore, he moved that the ordinance be adopted as prepared except that the contract be limited to a one -year period; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3694 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY TO EXECUTE AND ATTEST TO A MANAGEMENT CONTRACT WITH B. H. GREER, D /B /A COMPUTER CONSULTING SERVICES, FOR DATA PROCESSING SERVICES AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Authorizing an Agreement with FEMA Concerning Section 1362 Property Acquisition Program Randy Strong, City Attorney, explained that the contract involved all the area identified as the Brownwood Hazard area as described by City of Baytown Ordinance No. 3669, subject to and conditioned upon its acquisition by FEMA pursuant to Section 1362. On Page 3, Section 7, provides that if there are any assessments or charges that occur from the time FEMA acquires the property until they give it to the city, FEMA will not be responsible for that. Under this program there are actually two transactions -- FEMA buys the property from the property owner and FEMA will clear all taxes and assessments at the time of acquisition. Then there is a second transaction when FEMA turns around and deeds the property to the city. This will all be pretty much a simultaneous transaction, but if for some reason it were not and some time lapsed in there, FEMA does not want to be responsible for any taxes that may accrue on the property after it is deeded to the city. In response to questions from Council, Mr. Strong stated that it was his understanding that FEMA would be dealing with each property owner separately, but he was not familiar with how FEMA would make the actual transfer of property. FEMA has indicated that they would like to avoid the checkboard effect, but FEMA representatives have not indicated that FEMA would withdraw without 100% participation. Each lot is an individual parcel of land with streets and easements there so realistically, the city should have a deed to a lot rather than a large area. The Administration has no indication from FEMA as to exactly what procedures will be followed in the transfer. Paragraph 11 provides that FEMA will convey marketable title to the city and the expense of conveying such title from FEMA to the community will be borne by the community. 31006 -12 Minutes of the Regular Meeting - October 6, 1983 FEMA shall assume all costs for title search and closing and the transfer of current ownership to FEMA. If the city wants another title policy for the transfer from FEMA to Baytown, the city must pay for that. Mayor Cannon pointed out that on Page 2, Paragraph 4, the city is committing to have all slabs removed, and in testimony before the Congressional committees, city represen- tatives have encouraged FEMA participation in the removal of slabs because the estimate is that that will cost on the conservative side, $300,000. At present, FEMA's commitment is to participate down to the slab. Randy Strong mentioned that the city may have some use for some of those slabs and foundations and therefore, all the slabs may not have to be removed. Also, there is no time limit as to when the slabs need to be removed. FEMA would like to have the agreement signed and forwarded to that office as soon as possible. The money is available and FEMA is ready to implement the program. Councilman Philips moved for the adoption of the ordinance; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3695 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK OF THE CITY TO EXECUTE AND ATTEST TO AN AGREEMENT WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR THE ACQUISITION OF PROPERTY UNDER SECTION 1362, PUBLIC LAW 90 -488; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Councilwoman Wilbanks inquired if the city will be hearing from the FEMA office when they've made the categories in which these various structures fall? Mr. Lanham responded that there is no procedure for FEMA to provide that informa- tion routinely, but that information would be available to the city. Councilwoman Wilbanks then inquired if the total amount of dollars available to FEMA to be utilized in this area is a figure that has already been established or will that figure be determined after the categories are established? Mr. Lanham answered that the number that he recalled is $1,500,000, but this was done before there was any estimate of the amount that might be needed. In fact, he was not certain that FEMA has a refined estimate at this point. Councilwoman Wilbanks stated that she was concerned that the $1,500,000 may not cover the money that is needed for this area, and that Council should encourage FEMA to get more money from that fund for this area. Councilman Simmons stated that 300 lots are involved, that would represent $5,000 a lot. Mr. Lanham stated that this included the lot, plus some structural. 31006 -13 Minutes of the Regular Meeting - October 6, 1983 Larry Patterson, Assistant City Manager, explained that earlier FEMA had indicated the figure of $1,500,000, but they had also indicated that more money could be available; however, they did not believe that it would take that type of outlay. Here again , talking about 300 homes and vacant lots -- vacant lots which are not adjacent to homes would not be covered by 1362, along with those properties that were not insured. There were about 21 properties that did not have flood insurance. Therefore, they too would not fall under the 1362 buy out. The 1362 buy out or monies from 1362 involves in terms of structures any difference between the insurance settlement the individual would receive and fair market value. Anything that is greater than fair market value on structure, the individual would not receive monies under 1362. They would be eligible for monies under 1362 for the lot itself. Gorden Gallatin, 205 Yaupon, Lakewood Subdivision, stated that for the first time in his history of living in Baytown all his life and living on the bay, he had had water in his home - -five feet. He said he had been in Baytown since his father opened a business in Baytown in 1943. He emphasized that his concern was that this section of Lakewood would end up looking just like Brownwood, and he was concerned about not getting included in funding now. What he saw happen to Brownwood could now happen to that section of Lakewood because it has experienced flooding for the first time. There was no water in his home during Carla, but this time there was five feet. That means the water will continue to come just as it did in Brownwood. He felt that as far as the city is concerned and the expense that was caused in Brownwood, the city doesn't need that expense again in Lakewood. Those persons who are asking for inclusion in a buy out would stop that added expense. Federal flood in- surance is ready to make a settlement now which he felt was fairly comparable. However, if he were to go back in and put that money back in and there is more flooding, flood insurance will be paying all over again. What has happened in Brownwood is that flood insurance has paid out thousands and thousands of dollars. This could happen in Lakewood. He stated that if nothing could be resolved, probably the house would be repaired and rented, because he did not think that his wife would move back. He felt many people in that lower area of Lakewood would do the same. Mr. Zarco stated that at this time they were not speaking of 300 homes, but 42 homes. He felt that there would never be further development in that particular area. He mentioned that this area would become just like Brownwood with tran- sients occupying those homes. Mayor Cannon advised Mr. Gallatin and Mr. Zarco that he understood what they were saying, but this area has not been included in any discussions. Mr. Gallatin mentioned that in the previous plan this area had been included in the proposed buy out and they were really surprised that after the hurricane that this area was not included even though it was under water. He stated that it has taken a while for most of those residents to come out of the shock of the whole thing because they were not accustomed to flooding. Mayor Cannon said that he was certainly interested in this portion of Lakewood being included, but the city will need to pursue that and it may take a little time. 31006 -14 Minutes of the Regular Meeting - October 6, 1983 Mr. Zarco stated that he could tell Council what FEMA's response would be already because he had spent many hours talking with them and that was the reason that he had ad- dressed himself to some other alternative, other than FEMA. He stated that he had taken the time to speak with several of the representatives in Washington, and they had mentioned revenue sharing funds, bond funds, specific grants, if necessary either from the city, state or federal level., Therefore, there are other avenues that may be considered, but as far as FEMA, those funds are exhausted. Mr. Gallatin stated that all FEMA would tell him was that if there was money left over from Brownwood, then they would look at the people in Lakewood on a one to one basis. Mayor Cannon inquired if all the people in this area had had flood insurance to which Mr. Gallatin responded in the affirmative and that they were well covered in this regard. Councilman Fuller mentioned that one would not be talking just of South Burnet because there were homes on North Burnet that got water - -on the west side. Roxanne Gillum inquired if today was the day that the roadblocks were to be lifted from Brownwood and people were going to be free to travel in the area? Mr. Lanham responded that the decision had been made to keep the command post active rather than have patrol of the area. It will require the same amount of manpower and the staff felt that the most effective thing to do would be to keep the command post active. Consider Proposed Ordinance, Authorizing Change Order No. 1 To the-1983 Street Improvement Program The contract that is now in existence totaled $378,912.75, which included two streets in the Brownwood Subdivision, Milner and MacArthur. As part of this change order, the Administration is recommending that those two streets be deleted from the 1983 Street Improvement Program. In lieu of those two streets, it is being recommended that certain streets in the western part of the city - -North Burnet, from Willow to Rollingwood; Coburn Street and Fortner Street, be added, along with W. Francis Street from Pruett to Harvard, and Public Library Avenue and the adjacent library parking area. The net difference of those deductions and those additions would be $119,357.50 to bring the total contract to $499,270.25. There are available about $556,000. If Council were to approve the change, the basic contract would be about $500,000 and the Administration feels that it may be necessary to have 10% available for change orders that may result from overruns in quantities and that sort of thing. The contractor has agreed to the change order. Norman Dykes, Director of Public Works /City Engineer, reported that the costs would be distributed as follows: 31006 -15 Minutes of the Regular Meeting - October 6, 1983 North Burnet 51,000 Coburn 18,000 Fortner 18,000 Public Library Ave. 8,000 W. Francis 93,000 West Francis will require that all the curb and gutter be replaced in one block. When the original bids were taken, the original bid price was below the estimate so that money is available, plus the money derived from deleting Milner and MacArthur. The Administration recommended approval of the ordinance. Councilman Fuller moved for adoption of the ordinance; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks , Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3696 AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF BAYTOWN AUTHORIZING CHANGE ORDER NO. 1 TO THE CONTRACT WITH ANGEL BROTHERS ENTERPRISE, INC. FOR THE CITY OF BAYTOWN 1983 STREET IMPROVEMENT PROGRAM. Consider Proposed Ordinance, Approving a Contract Between BAWA and Harris County Water Control and Improvement District No. 1 This is one of the two water control and improvement districts serving the Highlands area. This is the larger of the two. The Harris - Galveston Subsidence District has in- sisted that the districts begin the conversion from well water to surface water. The subsidence district will allow them to convert to fifty (50 %) percent initially. The proposed contract provides for BAWA to sell the water control and improvement district 350,000 gallons per day which is fifty (50 %) percent of their requirement and the contract provides that the district will begin to take water no later than December 31, 1984. The district needs time to make improve- ments in its distribution system and to build an additional overhead storage facility. This will be the fourth contract of this type, other than the contract with Baytown. The BAWA Board has approved the contract; the Administration recommended approval. 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 Dickens Mayor Cannon Nays: None 31006 -16 Minutes of the Regular Meeting - October 6, 1983 ORDINANCE NO. 3697 AN ORDINANCE APPROVING THE BAYTOWN AREA WATER AUTHORITY'S CONTRACT WITH HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 11 FOR THE SALE OF TREATED WATER. Consider Proposed Ordinance, Authorizing Acquisition of Under - Ground Pipeline Easement for Sanitary Sewer Force Main - East Sewer District The Administration recommended authorization to make an offer to purchase an easement which would run along the north side of James Street just before it turns into Kilgore Road. The owner of this property is in New Guinea right now and the legal staff is dealing with a management firm in California that is currently managing this property and the apartments for the owner. The management firm is attempting to obtain approval of the owner. At this time, the legal staff is unaware of any problems. The estimated value of the easement is $250. Councilman Dickens moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3698 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN FOR TWO HUNDRED FIFTY AND N01100 ($250.00) DOLLARS TO THE OWNER OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF AN UNDERGROUND PIPELINE EASEMENT IN TRACT DESCRIBED HEREIN REQUIRED FOR THE EXTENSION OF A SANITARY SEWER FORCE MAIN; REQUIRING THAT SUCH OFFER BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Resolution No. 850, Naming the City of Baytown's Nomination to Harris County Appraisal Review Board Two years ago, Baytown nominated Mr. Fred Hartman for this office and other small cities agreed with Baytown's selection. Actually all of the small cities have the right to nominate someone. Mr. Hartman has served this community and on the board in an exemplary manner. Mr. Hartman has been contacted and is willing to continue to serve if the cities ask him to do so. The Administration recommended that Mr. Hartman be nominated to serve on the Harris County Appraisal Review Board. Councilman Simmons moved for adoption of the resolution; Councilman Johnson seconded the motion. The vote follows: 31006 -17 Minutes of the Regular Meeting - October 6, 1983 Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Council requested that the Administration encourage other cities in Harris County to support Mr. Hartman. RESOLUTION NO. 850 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING FRED HARTMAN FOR THE OFFICE OF DIRECTOR, HARRIS COUNTY APPRAISAL DISTRICT, FOR THE TERM BEGINNING JANUARY 1, 1984. Consider Proposed Resolution No. 851, Asking That The United States Government Regulate Barge Activity On Navigable Bodies of Water The proposed resolution will encourage Congress and others to take steps to eliminate the problem caused by barges being stored on the San Jacinto River. There are pictures which Council has viewed showing barges against or under the Interstate 10 bridge. This could destroy an important evacu- ation route and disrupt traffic along Interstate 10. Mr. Lanham pointed out that it appeared that this particular operation may not be just to repair barges since some of those barges appear to remain at that location. 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 Dickens Mayor Cannon Nays: None RESOLUTION NO. 851 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN URGING REGULATION OF BARGE ACTIVITY ADJACENT TO THE INTER- STATE 10 SAN JACINTO RIVER BRIDGE. Consider Proposed Resolution No. 852, Authorizing the City Manager to Execute a Contract with the Department of High- ways and Public Transportation for a Selective Traffic Enforcement Project for DWI's The City Council authorized the administration to apply for a grant for a Selective Traffic Enforcement Project which grant has been offered to the City of Baytown. Council was furnished with a copy of the grant offer which requires that STEP officers must patrol STEP sites. Those sites were in- dicated in the original grant application. According to the grant provisions, STEP officers must patrol in the STEP areas at least eighty (80 %) percent of their assigned duty time. One of the performance measures that would be imposed is conviction rate. The grant offer is actually a three year project with the city receiving 100% funding the first year; 75% and then 50% for the second and third years respectively. 31006 -18 Minutes of the Regular Meeting - October 6, 1983 In order to accept the grant, the city must furnish a resolution of the City Council supporting the STEP concept and declaring intention to fund continued increased enforcement if the project is both effective and financially feasible. The City Manager stated that one of the things that con- cerned him is that the enforcement level at the present is very high and it would be very difficult for the city to improve on that. Last calendar year through the month of August there were 215 arrests for DWI; this year that total is 515 for the same period. If the grant would pay part of the cost of what the city is now doing, that would be fine, but to expect the city to improve a great deal over what is being accomplished now would be very difficult. Councilman Philips pointed out that by giving up the STEP officers eighty (80 %) percent of their time, the city is giving up control of its people for that period of time which is almost like taking the Chief's prerogative away. Chief Henscey was present and explained that at the present time officers can be assigned as needed for stricter DWI enforcement at certain times and places and then assigned to other areas as needed. He felt that the Police Department could do a better job of DWI enforcement without the grant and the restrictions it would place on the Police Department. Councilman Philips moved to reject Proposed Resolution No. 852; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Nays: Mayor Cannon Consider Proposed Resolution No. 853, Urging Support of Constitutional Amendment Authorizing Expenditure of Public Funds for Relocation of Sanitary Sewer Laterals Upon Private Property The City of Bellaire has supported legislation which was adopted that provides for a vote to be taken on a Con- stitutional amendment. The amendment, if passed, will make it possible for cities, with approval of the property owners, to have an assessment program for installation of sewer service lines. This would be similar to street paving assessment programs, except in this case it would have to be acceptable to the property owners. The reason that this came about was that the City of Bellaire had sewer lines in easements which were in very bad shape. The city wanted to replace the lines, but wanted to put them in front of the homes so that it would not be necessary to work in the easements behind the homes which would mean added expense. What this would do would authorize cities to pay the cost of that new service line and then the property owners would have the legal obliga- tion to repay the city. All this will do is encourage voters to vote for this Constitutional amendment. This is a tool that Baytown may want to use smme day. The Administration recommended approval. 31006 -19 Minutes of the Regular Meeting - October 6, 1983 Councilman Johnson moved for adoption of the Resolution; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None RESOLUTION NO. 852 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN SUPPORTING THE ADOPTION OF A STATE CONSTITUTIONAL AMENDMENT, PURSUANT TO SENATE JOINT RESOLUTION 17 PROVIDING FOR THE ADOPTION OF LEGISLATION AUTHORIZING THE EXPENDITURE OF PUBLIC FUNDS BY CITIES, TOWNS AND VILLAGES FOR THE RELOCATION OF SANITARY SEWER LATERALS UPON PRIVATE PROPERTY; PROVIDING AN EFFECTIVE DATE HEREOF. Consider Approval of Plans for Sanitary Sewer Main Under IH -10 At Roadside Park The State Highway Department has requested that the City of Baytown install a sanitary sewer main to service the two roadside parks along IH -10 near the city's West Dis- trict Sewer Treatment Plant. This way the small package treatment plant that the state has been operating can be closed. The engineering staff feels that if a line is con- structed under the interstate, this is an expensive process and the line should be oversized to serve other properties that are within the city limits on the north side of the interstate. Currently, the property from Reading Buick to the west up to Lynchburg Crosby Road has no city sanitary sewer service. If an oversized line is installed, the city would have the capability to serve those properties. There- fore, the Administration is recommending advertising for bids for a six inch line which would be sufficient to the highway department and a sixteen inch line which would provide service to all properties on the north side. When the bids are re- ceived, a decision can be made if the costs would warrant the installation of the larger line. The engineering department is estimating that the six inch line would cost $38,000 to install, while the sixteen inch line would cost $70,000. The highway department would pay whatever the bid price is for the six inch line, and the city would be responsible for the remaining costs. However, the engineering staff has contacted one of the property owners on the north side which owner would be willing to assume responsibility for twenty -five (25 %) per- cent of the oversizing costs or about $8,000. This would leave the city responsible for $24,000 and when that property along the north side of the interstate begins to develop, the city will recover its money through connection fees. Councilman Philips moved to authorize the Administration to advertise for bids for a six inch and sixteen inch sanitary sewer line under IH -10 at the roadside parks; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None 31006 -20 Minutes of the Regular Meeting - October 6, 1983 Consent'Agenda Council considered the consent agenda as follows: a. Proposed Ordinance No. 31006 -7, will award the bid for a front end loader / backhoe. Bids were mailed to fifteen (15) vendors. One bid was received and eight (8) no bids. The low bidder was Stewart & Stevenson who bid the amount of $29,983.36. The Council has budgeted $45,000 for this purchase. We feel the reason that only one bid was received was because of the type of equipment that we were bidding for. This particular front end loader /backhoe is somewhat smaller than the models we usually see. We would utilize this equipment to work in areas such as between homes. At the present time Stewart and Stevenson are ahead of their competition in providing this type of equipment. Other companies have equipment which can do this type work but are larger models. We recommend the low bidder, Stewart & Stevenson, be awarded this contract. b. Proposed Ordinance No. 31006 -8, will award the annual hot mix asphalt contract. Bids were sent to three vendors. We received one (1) bid and one (1) no bid. Parker Brothers submitted the low bid of $21,000. We recommend the low bidder, Parker Brothers, be awarded this contract. c. Proposed Ordinance No. 31006 -9, will award the annual premix rock asphalt contract. Bids were mailed to seven (7) vendors and two (2) bids were received along with one no bid. Azrock Industries submitted the low bid of $38,820. We recommend the low bidder, Azrock Industries, be awarded this contract. d. Proposed Ordinance No. 31006 -10, will authorize the City to microfilm certain City of Baytown documents. This authorization is necessary to comply with state law in order to place on microfilm records such as birth and death records, Council minutes, Engineering records, etc. We recommend approval of Proposed Ordinance No. 31006 -10. e. Proposed Ordinance No. 31006 -11, will award the annual microfilming contract. Bids were mailed to six (6) vendors and the city received three (3) proposals and one no bid. Microfilm Systems, Inc. submitted the low bid in the amount of $8,136. Council has budgeted $8,375 for this purchase. 31006 -21 Minutes of the Regular Meeting - October 6, 1983 We recommend the low bidder, Microfilm Systems, Inc., be awarded this contract. f. Proposed Ordinance No. 31006 -12, will award the bid for the annual auto fittings contract. Bids were mailed to six (6) vendors and one proposal was received. Tifco Industries submitted the low bid of $16,489. The proposal from Tifco was incomplete on ten (10) items. Because we bid this item on an "all or none" basis, and due to the lack of bidders, we feel it would be in the city's best interest to reject this bid and readvertise for proposals. Since receiving these bids, we have talked with several vendors and believe with some alterations in our specifications we will be able to receive more competitive bids from a greater number of vendors. We recommend this bid from Tifco Industries be rejected and the administration be authorized to rebid the annual auto fittings contract. Councilman Johnson moved to adopt the consent agenda with the exception of Item f and to reject the bid for Annual Auto Fittings Contract, readvertising for receipt of bids; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3699 AN ORDINANCE ACCEPTING THE BID OF STEWART AND STEVENSON FOR THE PURCHASE OF A FRONT END LOADER /BACKHOE AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWENTY NINE THOUSAND NINE HUNDRED EIGHTY THREE AND 36/100 ($29,983.36) DOLLARS. (Ordinance No. 31006 -7) ORDINANCE NO. 3700 AN ORDINANCE ACCEPTING THE BID OF PARKER BROTHERS FOR THE ANNUAL HOT MIX ASPHALT CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWENTY ONE THOUSAND AND N01100 ($21,000.00) DOLLARS. (Proposed Ordinance No. 31006 -8) ORDINANCE NO. 3701 AN ORDINANCE ACCEPTING THE BID OF AZROCK INDUSTRIES FOR THE ANNUAL PREMIX ROCK ASPHALT CONTRACT AND AUTHORIZING THE PAY- MENT BY THE CITY OF BAYTOWN OF THE SUM OF THIRTY EIGHT THOUSAND EIGHT HUNDRED TWENTY AND N01100 ($38,820.00) DOLLARS. (Proposed Ordinance No. 31006 -9 31006 -22 Minutes of the Regular Meeting - October 61 1983 ORDINANCE NO. 3702 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE MICROFILMING OF CERTAIN OFFICIAL RECORDS OF THE CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 31006 -10) ORDINANCE NO. 3703 AN ORDINANCE ACCEPTING THE BID OF MICROFILM SYSTEMS, INC. FOR THE ANNUAL MICROFILMING SERVICE CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF EIGHT THOUSAND ONE HUNDRED THIRTY SIX AND N01100 ($8,136.00) DOLLARS. (Pro- 7 posed Ordinance No. 31006 -11) For bid tabulations, see Attachments "C" through "F." Consider Appointments to Clean City Commission Councilman Dickens moved to reappoint Robert Lockett, Lisa Petricek, E. J. Hoffman and Joy Rutledge to the Clean City Commission; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Consider Appointments to Auto Wrecker Committee These appointments will be made at a later meeting. Adjourn There being no further business to be transacted, the meeting was adjourned. W-44-k- Eileen P. Hall, City Clerk BAKER & BOTTS ONE S►IELL PL42A HOUSTON, TEXAS 77002 TELCPW.ONC 1713: 229 -12'34 TELECOPIER 17131 229 -1730 TELEX 76-2779 1701 PC NNSYLVAN IA AVC..N. W. WASKIN-GTON, D. C. 20006 G- 18,669 Randy Strong, Esquire City Attornev's Office City of Baytown P. 0. Box 424 Baytown, Texas 77520 RE: Anheuser - Busch Baytown Turf Nursery Dear Mr. Strong: Attachment "A" 1410 UNITCD EANK TOWED r-OG WEST FIi7CrN7N STFCET AVS71N,7EXAS 72701 August 22, 1983 Pursuant to our recent telephone conversation, enclosed is a copy of a letter sent by Psheuser -Busch to Mrs. Ross Leavins Z ollowing our August 9, 1983 meeting with her and other citizens. A similar letter was also sent to Mrs. Pat Goodrich, Mr. Charles Ripple and Mr. John A. Herrin. The letter documents the comir,it- ments of Anheuser -Busch to operate the turf nursery in a proper manner free of off -site nuisance odor conditions. Should you or any other officials of the City of Baytown have any further questions concerning the turf nursery, please do not hesitate to contact the undersigned. We would be most happy to come meet with you and explain the technical aspects of the operation. As I explained over the telephone, Anheuser- Busch's experience with such operations has been extensive and, to date, successful. The turf nursery provides an opportunity for bene- ficial reuse o� brewery liquids (which are nontoxic, contain no alcohol and which are rich in plant nutrients) and allow the com- pany to reduce its loading on the City of Houston's sanitary sewer system. Very truly yours, BAKER & BOM -S BY ROBIN MORSE REM: 264 Enclosures l AjNIHEUSER -BUSCH CO's PANIES August 16, 1983 Mrs. Doss Leavins 5210 Vallisville Road Bavtoum, Texas 77521 Dear Mrs. Leavins: This letter is intended to document our understandings reached at our meeting On Tuesday, August 9, 1983 at the Oi:1Ces of 4cK2r & Botts. At that time, we agreed on behalf of Anheuser -Busch that you will be ei%en timely written notice in. advance of any future significant Change in operations at the Baytown turf nursery, particularly With respect to any change in the area to which spent grain liquor is r -ew applied. in this re£ard, we represented that Anheuser -Busch has no current acreage expansion . or relocation plar-s for the site. 14hile we do not anticipate any si£ni-ficanr future problems, we further agreed that nnheuser -Busch Will take whatever steps are necessary to promptly eliminate any off -site nuisance odor conditions, should any arise from the application of spent grain liquor to the site. We further provided you with t ^e fol_owir£ names and telephone numbers so that, should you feel there is any problem with the operatic•n, prom -:pt invest-igative and correct;----, action, if necessary, can be taken: 1) Charles 1+illia=s (Site uanazer) 427 -5828 2) Jim Letourneau (Houston Brewery) 67; -2311 3) 'Azit Lehman (St. Louis) (314) 577 -4164 4) Larry Keith (St. Louis) (314) 577 -4163 In rEturn for the Iorezoin£ _rfor-aric.n and promises, _nd;�azed goat you . ou:d soon write the :eras Te ^arzman.t CI t+P-Ze `cS:L:itES and _t :- draw you. prior requests or an ad_ii4As :ra:i :e h ear_::g Cn ni.hEL'se :- ---iisth's pending pE:T.t IE :aEt'al a : :liC3tit' L'T :less sL:C -4 corresoc -dente is :or- .ard-ed to the T n , the Feenc -, `ay be forced :C .:as-,e ti-e and resources on a for -al evide..tiarr .�Ecri ^.$. '.:a S. C:: apprec'__.e being copied -%ith respect to any such ccr:esrcncemce to zhe agency Mrs. ROSS Leavins —2— August 16, 1983 Let me again thank you on behalf of Anheuser-Busch for tal-ing the tine to meet and discuss this matter with us. If you have any further questions or co„_-neats as to the pending renewal permit, please do not hesitate to contact Mr. Robin Morse in Houston (220 -1492) or the under - signed. Sincerely, ANELUSE... BUSC:i CO:2- A:IES, !NCORPOR4TED Larry W. Ke!ith ilanr.Cer, £r_viror.ental Engineering Control This letter also sent to: brs. Pat Goodrich P. 0. Box 26 Baytown, Texas ,•7520 Mr. Charles Kipple Sacc* o-manr_o, Clegg, Martin & Kipple 'Two Houston Center Suite 800 Bavtct:'n, Texas 77010 Mr. Johr. A. Herrin The Enterprise Company 11200 Wilcrest Green Drive -Houston, :"etas 77042 GROUP Attachment a's" CABLE Group Cable. inc.A Subsaury 01 PO BOX 1118.5623BARMLDO ROAD. BAYTOWN. TX 775201713)427 5607 WESTINGHOUSE BROADCASTING AND CABLE. INC. October 6, 1983 Honorable Allen Cannon, Mayor City Of Baytown 2401 Market Street Baytown, Texas 77520 Dear Mayor Cannon And Members Of The City Council: Per our prior discussion, I am taking this opportunity to apprise you and the City Council of Group W Cable TV's recent and future activities in the City of Baytown. I trust that the following narrative will assist you in ascertaining our contributions to the community. Introduction Since the acquisition of the Baytown Cable TV system in 1981, Group W has committed itself to the provision of the best Cable TV service available. We recognized in 1981 that the total rebuild and new build projects were two years objectives and we have met these objec- tives in 1983. We also recognized that it would take two to three years to establish a smooth running cable system. We are moving closer to the accomplishment of this objective. Overcoming the rocky history of our predecessors and of our own errors has been neither an easy nor quickly accomplished task. We have, never the less, progressed signi- ficantly. With hurricanes hopefully behind us and construction coming to a con- clusion, we at Group W expect major improvements in the operation of this system for ending 1983 and beyond. We will be concentrating on construction wrap -up, improved installation schedules, improved service delivery and related consumer concerns. We are committed to achieving excellence and nothing less will be acceptable. To this end, we have undertaken a variety of projects and have planned., supporting programs for 1984. I would, therefore, like to briefly review these activities with you. Group W Television: KDKATu. Pitsburgh • KPIX (TV), San Francisco - XYWTV. Philadelphia- WBZTV. Boston • WJZSV, Baltimore - WPCOdV. Charlotte Group W Radio: XDKA end WPNT, Pittsburgh • KFWB, Los Angelee-KJOY. San Diego • KOM, Dallas KODA, Houston-XOSI. Darner - XYW. Poledelphie WBZ, Fusion - WIND, Chicago- WINS, New Yak• WOWO, Fort Ware Group W Cape Filmaune Associates • Group W production • Group W Satellite Cwnmuniotions- Group W Television Sales Home Theater Network• Munk• Radio Advenising Represeraind es•WSC (2) Svstem Status As of September 1983, Group W Cable TV had approximately 7,400 basic subscribers. We have approximately 270 miles of cable TV plant and this plant passed approximately 18,900 homes in Baytown. During 1983 we have added six additional channels to the Baytown system. Four of these were added at no additional charge to our basic subscribers. These four are, Music Television (MTV), the Nashville Network, Spanish International Network (Sin) and KTHX (20 Houston). In addition,.Group W now offers the Home Theatre Network (HTN) and the Disney Channel to our subscribers as option- al pay TV services. We are very excited about our new programming and hope that they are well received in the community. These program additions bring our total offering to 27 channels. Attached please find a current program listing. Construction 1983 has been a very challenging year for Group W Cable TV. We have been actively rebuilding the entire approximately 100 miles of existing cable plant and simultaneously completing the construc- tion of approximately 170 miles of new cable plant. We presently serve virtually every area of the city of Baytown. We have been and continue to be committed to the provision of quality service to all citizens of Baytown. These construction activities have been accom- plished with the investment of over $4,000,000 in capital and with major increases in operating expenses. The major cleanup activities associated with our recent construction activities should be completed by year end. 1984 will see some additional plant construction and a large scale system maintenance program. Our goal in 1984 is to provide consist- ently above average picture quality throughout the entire 270 miles of cable plant. We are confident that 1984 will be an excellent year for our Baytown subscribers. Operations 1983 has also been a year of challenge in the area of operations. Group W Cable TV has made major staffing increases in an effort to " properly handle customer requests and service problems. The rebuild and new build activities of 1983 have created an inordinately high manpower demand and we have staffed in response to the demand. The associated vehicles, test equipment, tools and related materials have been acquired in an effort to provide our customers with the very best service. We have added staff to our customer service office and are in the process additional personnel. expanded telephone syst delivery capability. E and we plan to continue livery. (3) of expanding our facilities to accomodate Group W has also recently purchased an em to improve our accessibility and service ach day has demonstrated system improvement our program for excellence in service de- 1983 will see a continued increased staffing program. We will be adding customer service representatives, installation personnel and technical personnel to address the current and budgeted growth of subscribers. Every effort will be made to improve our timing and quality of service. Expanded hours of operation will be instituted along with other operational measures designed to improve our over- all service delivery capability. As noted, Group W is committed to providing the citizens of Baytown with the very best in Cable TV programming and service. I person- ally am committed to improving our service delivery capability to a level of excellence. Your understanding and support in this regard will be greatly appreciated. I value your input in making Group W Cable TV Baytown's greatest entertainment value. Sincerely, William E. Verner,Jr. General Manager WV /mh N ? Z 00 -- rQ a� m� �- a 0 E- �_ " ' U o Y C v < o a O C N W O G a J O q W F- z o C W L C � L+J CO C J Cl —� c < r+ C i co V N N W � J Ltl O Q 0 . o O W N � u O i W 2 3 O IL O z G J O O Z W cr Xr lal t!f u 3 r ~ z O � J 0 c: O W O W O CL O z r z CL Q W G W O r x W ¢ Z Z ltJ z Z o_ c z z tr • J i- a z F- 0O J Z 0 o E . L) }. G n Vf Cn Ld F- W cr Z• L W U U c �' O (n U- X W Ld W W Lv C7 J Z F-- O cl LI-I LAJ w O J < U r < N C] U D } L-_11 11 I ! IT L E. SMALLER FRONT END LOADER /DACKHOE �TE: September 15, 1983 2 :00 p.m. CITY OF BAYTOWN BID TABULATION Attachment "C" EM QTY UNIT DESCRIPTION STEW ART HOUSTON TRACTOR EQUIP. INDUSTRIAL DISPOSAL TRINITY VALLEY UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED U11IT EXTENDED 1 each SMALLER FRONT END LOADER/ DACKHOE per specifications NO DID NO DID MOD GENERAL LB 420 WARRANTY: 1 Year Lalor E Parts DELIVERY: 60 Days ARO Bids mailed to 15 vendors, 1 responded, 8 no bids. GROSS TOTAL LESS DISCOUNT NET TOTAL TERM: nct WcoY $29,983.36 Ol U L iJ Q Z a u Z O O Z = O (1) J Q cn w > O cn < = W ZM w co Q J O �- o CM) a LL U w C C F Z 0 J < C N < !C S J C Z z C co C) L C1 6� L C N ' . I 1 W J W t a u Q ~O Cn Z = O (1) J Q cn w > O cn J = w w w w Q J Z F- o a LL W r X L D • O u Yx W Y a CL O� 2 O W LL z V W d ' W Y^ ?{ d W J Q J 2 w S N Z Y N Z Q a � W O O w` O O O C O UJ O C Z < N CL. Q ~O Cn Z = O (1) J Q cn w > O cn J = w w w w Q J Z F- o CITY OF BAY'roWN ITLE. SMALLER FRONT END LOADER /DACKHOE BID TABULATION W: #838 -83 )ATE: September 15, 1983 2:00 p.m. TEM QTY UNIT DESCRIPTION SOUTHERN TRACTOR UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED U141 T CXTENOED 1 1 leach SMALLER DACKHOE, per specifications NO DID GROSS TOTAL . LESS DISCOUNT NET TOTAL TERM DELIVERY 7 1TLE._ ANuUAL_hjCROFILMING 5ERVICE C�ONIRACT 31D. #839 -84 )ATE: September 28, 1983 2:00 p.m. CITY OF BAYTOWN BID TABULATION Attachment "F" ITEM QTY UNIT DESCRIPTION ANNUAL MICROFILMING SERVICE MICROFILM SYSTEMS INC. JOIN LANE MICROGRAPHICS UNIVERSAL MICROGRAPHICS SOUTHERN MICROFILM UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNI EXTENDED CONTRACT, per specifications (Original) .25 12,250.00 NO BID ENTIRE 2 18 rolls 35mm, Silver Halide (duplicate) 14.50 261.00 16,5o 2 .00 NO BID PROPOSAL 35mm, Aperture Cards SUBTOTAL ITEMS #1 -3 .25 $2,250-00 $h,761.00 .25 2,250-00 $ 7.947-00 NO BID 3 9,000 exp. 11 100,000 exp. l6mm, Silver Halide Microfilm Original 27.50/1000 $ 2,750,00 25.00/100.0 2,500.00 32.50/1000 $3,250-00 5 200 rolls 16mm, Silver Halide (duplicate) *12.50 /roll $ * 625.00 8.00 /rol1 $ 1 600.00 =14.50 /roll -$ 580.00 SUBTOTAL ITEMS #4 & 5 $3,375-00 $ 4 100.00 $3,830 .00 TOTAL $8,136.00 $12,OI17.00 $3,830.00 days- 20 days per so e 1111711y- DFI SPECIAL CONDITIONS: *This is for 50 rolls -,This is for 40 rolls not 200 roll They will instead of 200 rolls. Bids )ailed to 6 vendor, put 2,000 exlosures per 3 res)onded, 1 no bid. roll instead of 500. GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS MCI IkIrrDy -LE: ANNUAL PREMIX ROCK ASPHALT CONTRACT rE: 9 -1h -83 2:00 p.m. CITY OF BAYTOWN BID TABULATION Attachment "E" M QTY UNIT DESCRIPTION AZROCK INDUSTRIES WHITE'S MINES RADCLIFF MATERIALS Nl EXTE14DED UNIT EXTENDED UNIT EXTENDED Ufll CxtfNOED 1500 tons PREMIX ROCK ASPHALT 25,88 $38.820.00 25.99 $38,985.00 NO DID SPECIAL CONDITIONS: from date of acce and or com r sed of material priae of $12. 28 cmst of 0i I er ton and he current needs in manufaCrurer. freight rate Any increa.e dec ease in fre-i-ghLwlll he adiusted a cordin 1 DELIVERY: 3-5 Days ARO 5 Days ARO Bids sent to 7 vendors 2 responded, 1 no bid, GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS DELIVERY $381820.00___ U8.985-00 '