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
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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
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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.
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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;
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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.
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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
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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.
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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
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!
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
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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
'