1984 04 26 CC Minutes40426 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 26, 1984
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, April 26, 1984, at 6:30 p.m. in
the Council Chamber of the Baytown City Hall with the
following attendance:
Fred T. Philips
Jimmy Johnson
Mary E. Wilbanks
Roy L. Fuller
Gerald Dickens
Allen Cannon
Fritz Lanham
Larry Patterson
Randy Strong
Eileen P. Hall
Absent: Perry M. Simmons
Councilman
Councilman
Councilwoman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Councilman
The meeting was called to order with a quorum present.
The invocation was offered by Councilman Dickens, afterwhich
the following business was transacted:
Consider Minutes for the Regular Meeting Held April 12, 1984
Councilman Philips moved for approval of the minutes;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
Receive Petitions
Steve Benson, President of Woodlawn Civic Association,
presented a petition on behalf of the residents of Woodlawn
Subdivision, Lamar Elementary Parent Teachers' Association,
and persons with children attending Lamar Elementary and the
Woodlawn Civic Association requesting the following:
1. Four -way stop signs at Commerce and Forrest;
2. Four -way stop signs at William and Jones;
3. No through trucks sign north on Commerce Street
just before Forrest and no through trucks sign
west on Forrest just before Commerce.
There were 163 signers of the petition.
40426 -2
Minutes of the Regular Meeting - April 26, 1984
Councilman Fuller moved to accept the petition; Council-
man Dickens seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
Mayor Cannon apprised Mr. Benson that the items appro-
priate for the traffic committee to consider will be scheduled
for an upcoming meeting of that body. The Administration
will study any matter that will not be considered by the
committee and report back to Council.
City Manager's Report
Corps of Engineers Permit for operation of pipe unloading
business - The Administration had been apprised by Mr. Bill
Hood, a resident of Cedar Cove, that a project is under
construction for the purpose of unloading pipe from barges
across from Roseland Park. The residents of Cedar Cove are
concerned that the noise created by this venture will disburb
the residents, and the barge traffic will be a hazard to
boaters on Cedar Bayou.
The Administration has been in contact with the Corps
concerning this matter. In 1979 a permit was issued with
the public notice beginning November 12, 1979 and ending
December 12, 1979 for a marina. There is no record that the
city received notice from the Corps at that time.
The original permit was later amended to permit the
loading and unloading of pipe or for a barge dock. The
Administration has written to the Corps asking for copies
of the permits which permits were issued to Johnny Jennings.
The permit allows the development of a 300 x 300 foot marina
area. The slip has been cut and construction is underway.
The Corps representative indicated that the Corps is
not required to give notification to the city, but gives
notification to the abutting property owners.
Council requested that Congressman Fields be contacted
in this regard, along with the Corps of Engineers. Council
also requested that Mr. Jennings be invited to appear before
Council to discuss exactly what his plans are for this area.
Corps of Engineers - Notification of application of
Willard H. Myers to construct a boat ramp, bulkhead and
dredge approximately 1200 cubic yards of material to a depth
of 10 foot. He plans to place the spoil on his property.
The plans are to construct a bait shop and restaurant.
The Administration felt that there should be no problem with
this operation since it is not near any residences. Council
had no objections.
Brownwood - The latest report indicates that 110 property
owners have accepted offers of the Federal Emergency Management
Agency, while 48 have declined.
40426 -3
Minutes of the Regular Meeting - April 26, 1984
Hurrican Alicia Reimbursement - The Administration
has submitted the final application to FEMA for reim-
bursement from Hurricane Alicia damages. The total
estimated cost to the City of Baytown was $1,575,000.
The city has already received $528,000, but the city
has requested total reimbursement of $1,181,475 which
includes the $528,000. Steps remaining in the process
are inspections by state and federal agencies, along
with two audits, one by the state and one by the federal
government. The final request for reimbursement was a
1,440 page document.
Mr. Lanham reminded Council that a very conserva-
tive approach had been taken in preparing the budget,
and the estimate on anticipated revenue from reimburse-
ment was about 60% or about $691,000. The staff has
done a good job on documentation, and Mr. Lanham felt
that the city would be receiving considerably more than
the $691,000.
Rollingbrook Drive (west of Garth) - The contractor
on this project is about 75% complete on the entire job.
Lime stabilization is about 80% complete; bridge con-
struction, 90% complete and concrete pavement, 70%
complete. The contractor is now working on the west
side of the bridge.
Community Development Beech /Oakwood Improvements -
The contractor has installed 90% of the water system
and the drainage work has been completed.
Sanitary Sewer Line IH -10 Rest Park - That job is
about 50% complete.
Bayway Drive /Baker Road Project - That job is 60%
complete. The Bayway Drive crossing is about 95% complete,
while the channel excavation is 85% complete. The box
culvert under the Texas Eastern pipeline corridor is
about 90% complete.
Questions and Comments from Council
Councilman Fuller mentioned the varying speed limits
on North Main and asked that the Administration check
this out.
Councilman Dickens mentioned the problem being
caused by Locomotives, Inc. spray painting into the
atmosphere which has resulted in vehicles being ruined.
Mr. Lanham responded that the Administration has
been in contact with the State Air Control Board and
Harris County Pollution Control. Both agencies have
had representatives check into the matter. The Admin-
istration will investigate whether there is a need for
city regulation in this area and report back to Council.
In response to a question from Council, Randy Strong,
City Attorney, reviewed the conflict of interest memo -
random with Council. A copy of that memorandum is
attached to the minutes as Attachment "A."
40426 -4
Minutes of the Regular Meeting - April 26, 1984
Hold Hearing on Benefits on Improvements to Rollingbrook
Drive East of Garth Road (7':'00 p.m.)
Mayor Cannon called the public hearing to order and
advised all those present that a register had been provided
in the hallway for those to sign who desired to speak at
the hearing. After allowing time for those present who
had not already signed the register to sign, Mayor Cannon
administered the oath to those desiring to testify. Gerald
Teel, real estate appraiser, and Norman Dykes, City Engineer/
Director of Public Works, were the only persons sworn.
Mayor Cannon explained that about three months ago
City Council initiated a street improvement program for
Rollingbrook Drive, 880 feet east of Garth Road, under the
state paving assessment statutes. The hearing tonight is
to determine the amount of assessment to be levied against
the property abutting the proposed street improvements and
the owners of such property. The city assesses abutting
property and its owners for the special benefits and enhanced
value due to the proposed street improvements.
Mayor Cannon continued that for the information of those
present, the city staff will first present a description of
the proposed project and its special benefits that result
in enhanced value to abutting property. After each person
called to testify in the hearing has offered his /her testi-
mony, members of Council, property owners or their repre-
sentatives may ask questions of that person concerning their
testimony. In other words, all witnesses are subject to
cross examination. After city's testimony has been presented,
abutting property owners or their representatvies will have
the opportunity to testify. Mayor Cannon then requested
that Randy Strong, City Attorney, proceed with the city's
testimony.
Norman Dykes, in response to questions from the City
Attorney, stated that he resides at 3721 Autumn Lane, Baytown,
Texas, and he is City Engineer /Director of Public Works.
Mr. Dykes acknowledged that he is responsible for the pre-
paration and supervision of the plans for improvements to
Rollingbrook east of Garth Road. He described the proposed
improvements as that section of roadway laying east of Garth
Road 880 feet. The improvement will be 25 feet wide with
concrete pavement, seven inches thick with six inches of
lime stabilized subgrade with curb and gutter. There will
be a left turn lane at Garth Road. The total improvement
cost, based on front footage is $66,116 or $65.58 per
front foot. The total amount that may be assessed under
the state paving assessment statutes is $51,822.49 or 554._90
per front foot. The total cost per front foot ($65.58)
includes left turn lane, storm drainage work or items
which are not assessable.
In response to a question from Mayor Cannon, Mr. Dykes
stated that the design of this portion is different than
the other portion on the east side of Garth in that lime
stabilization will be included which would reduce the roller
coaster effect.
40426 -5
Minutes of the Regular Meeting - April 26, 1984
Gerald Teel, a resident of Baytown (Autumn Lane) and an
independent real estate appraiser, testified that he had
appraised the abutting property to this improvement at the
City Attorney's request to determine the special benefits as
a result of the improvement. To establish his qualifica-
tions, Mr. Teel stated that he holds two professional
designations - -The MAI or member of the appraisal institute
of the American Institute of Real Estate Appraisers and the
Society of Real Estate Appraisers with an SRPA designation
as a senior real property appraisers. One of the designa-
tions requires about 2 to 3 years experience, while the
other requires 5 to 6 years experience, plus a number of
courses. Mr. Teel has been appraising property for about 10
years in the Harris County area, including this type appraisal
work for the cities of Baytown, Deer Park, and Houston. Mr.
Teel produced a formal report on the proposed improvements
and enhancement to the abutting property which the City
Attorney requested be entered into the record. A copy of
that report is attached to the minutes as Attachment "B."
Mr. Teel explained that the abutting property to this
improvement consists of 11.73 acres located at the southeast
corner of Garth Road and the proposed project. The improve-
ments to Rollingbrook Drive are four lanes to the east of
this property along the 880 feet in question. Presently,
there are only two lanes existing with only a right of way
between those two lanes and the property. Therefore, the
property actually has no frontage at this time on the existing
roadway. After the improvement, the property will have
frontage on Rollingbrook Drive and will become a major
corner in the Baytown traffic patterns and market area. The
method that Mr. Teel employed was to look at the property's
value before the street is paved and to look at the property's
value after the street, along with installation of curb and
gutter. Land sales up and down the Garth Road corridor have
been researched which sales are reflected in the report.
According to those sales, the appraiser felt that the estimated
market value of the subject property before the extension of
Rollingbrook Drive to Garth Road would be $3.50 per square
foot. By comparing sales and making adjustments for size,
location, road frontage and time, the appraiser concluded
that the property would be enhanced in value by $ .25 per
square foot or $3.75 per square foot overall. The total
assessed value to the property would then be as follows:
Curb cost 880 L.F. @ $ 2.00 $ 1,760.00
Paving cost 880 L.F. @ $142.50 $ 125,400.00
$ 127,160.00
The City Attorney stated that the city had no other
witnesses and the Mayor inquired if there are others de-
siring to speak. Since there were no others who desired to
speak, Mayor Cannon declared the public hearing to be
closed.
40426 -6
Minutes of the Regular Meeting - April 26, 1984
Consider Proposed Ordinance, Levying Assessments Against
the Property Abutting Rollingbrook Drive and the Owners
of Said Property for the Payment of a Part of the Cost of
Improving Portions of Said Street
Randy Strong, City Attorney, explained that under the
state statute for assessments projects, Council had the option
to assess 100% of the curb and up to 90% of the pavement
costs, but not in excess to the enhanced benefits to the
property. Many times what has happened in the past, the
enhanced value will be less than the actual cost of the
project; however, the reverse is what has happened in this
case. According to Mr. Teel's testimony, the property will
be enhanced over twice the cost of the actual project, but
Council is limited by law to 100% of the curb costs and 90%
of the assessable paving costs. Those were the numbers that
Norman Dykes had testified to; therefore, the Administration
recommended that the assessment rate for the curb be $1.80
and the assessment rate for pavement be $53.10 for $54.90
per front foot which is the maximum allowable under the
statute. This would mean that the total assessment amount
would be $48,284.55 based on 879.5 front feet. Only one
tract is involved. The Administration recommended approval
of the ordinance with the assessment based on the $54.90
per front foot for a total assessment of $48,284.55.
Councilman Dickens moved for adoption of the ordinance;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3835
AN ORDINANCE LEVYING ASSESSMENTS AGAINST THE PROPERTY ABUTTING
ROLLINGBROOK DRIVE (SOUTH LANES FROM GARTH ROAD TO 880 FEET
EAST) AND THE OWNERS OF SAID PROPERTY FOR THE PAYMENT OF A
PART OF THE COST OF IMPROVING AND PAVING PORTIONS OF THAT
STREET; PROVIDING FOR THE TIME WHEN SUCH ASSESSMENTS BECOME
DUE AND PAYABLE, THE RATE OF INTEREST, AND FIXING A CHARGE
AND LIEN AGAINST SAID PROPERTY AND MAKING SAID CHARGE A
PERSONAL LIABILITY OF THE PROPERTY OWNERS OWNING PROPERTY
ABUTTING ROLLINGBROOK DRIVE; AND PROVIDING FOR THE COLLECTION
OF THE ASSESSMENTS.
Consider Appeal of Ben D. Reading, dba Reading Buick From
The Decision of the Auto Wrecker Committee to Deny Request
For Permit
Marty Joyce, representative of Reading Buick, stated that
in order to meet the requirements of the ordinance, certain
information would have to be made available to him and this
information is not available. At the hearing before the
Auto Wrecker Committee, Chief Merchant reported a total of
accidents from September, 1983 through January, 1984.
40426 -7
Minutes of the Regular Meeting - April 26, 1984
According to those figures, 916 accidents occurred during
that period and in that report the Assistant Chief made it
clear that the Police Department does not keep records of
DWI calls and other calls. Mr. Joyce stated that he would
like for Reading Buick to be on the rotation list in order
for his company to receive its fair share of wrecker calls
in Baytown. As it stands, the company is unable to run a
wreck; however, the company may service its customers if a
tow is required other than from the scene of an accident.
Mr. Joyce stated that the information necessary to determine
necessity is not available without great difficulty; there-
fore, he felt the requirements to be arbitrary. He requested
that Council consider Reading Buick's application on the
basis of the information provided in the application. The
body shop is an integral part of Reading Buick's business,
and the company needs an auto wrecker permit in order to
carry on its business.
In response to an inquiry from Council, Mr. Joyce
stated that the wrecker equipment is available now to provide
service to customers of the company, but he would be able
to utilize the equipment more fully if he were able to
respond to accident calls.
Councilman Philips mentioned to Mr. Joyce that the reason
that Baytown had gone to this method of permitting wreckers
to operate at the scene of an accident was because at one
time there was much confusion at the scene of an accident
when all wreckers could respond.
Council also expressed an interest in assuring the
citizens of Baytown, when in a stressful state, after having
an accident, very prompt wrecker service with the least
amount of confusion. From the information provided at the
hearing before the Wrecker Committee, it appeared that the
public convenience and necessity are being met.
Bob Walton, Chairman of the Auto Wrecker Committee, was
present and confirmed that the committee had acted in good
faith under the provisions of the ordinance which require
that public necessity and convenience be met. From the
information, that there are five companies operating from
the list, with 21 wreckers available to service the calls
to the scene of an accident and those permitted companies
are handling approximately 16 calls per month, the determin-
ation was made that the public is being well served.
The point was made that Reading Buick does not actually
own the wrecker, but the entire service, including insurance
and personnel is being provided by Tyra Rentals, a Houston
firm. Councilman Philips commented that that should be no
real problem. The ordinance could be amended to provide that
the holder of the permit is the responsible party.
Council did express some concerns with the ordinance,
especially in the area of storage and with determination
of necessity and convenience. However, the Council felt that
the Auto Wrecker Committee had acted within the guidelines
of the ordinance, and Councilman Fuller moved to support the
auto wrecker committee's decision; Councilman Philips seconded
the motion. The vote follows:
40426 -8
Minutes of the Regular Meeting - April 26, 1984
Ayes: Council members Philips, Johnson, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
Mayor recessed the meeting for a brief intermission.
When the meeting reconvened, the following business was
transacted:
Discuss Erosion at 3804 Tompkins Road * **
Council had held a work session on this problem at 5:00
p.m. before the regular meeting began. Brent Brunson, owner
of the property at 3804 Tompkins Road, along with two other
owners of property adjacent to Mr. Brunson's property were
present to make Council aware of the problem with erosion in
that area. Mr. Brunson indicated that the sanitary sewer
line which the city had replaced was directly contributing
to the problem. He also indicated that the engineering work
on the retainage wall that had been constructed as a joint
venture of the city and county was faulty which is the reason
that the wall has failed. Mr. Brunson stated that the property
owners would be grateful for any type relief.
Council discussed the problem at great length and determined
that the problem is serious enough to warrant expert advice
on the matter. A soil analysis had been performed prior
to the decision to construct the retainage wall, but only
two bores were made. Since a problem has developed on the
Randall Pitts property, Council felt that more bores are
necessary. Councilman Johnson moved to authorize the admin-
istration to hire a soil consultant to determine what the
problem is and what the solution to the problem is; Council-
man Dickens seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
Council instructed the Administration to hire a consultant
to begin work as quickly as possible and to allow the consultant
the latitude of determining the number of bores that are
necessary. Also, Council wanted the removal of the sanitary
sewer line to be specifically addressed and for the consultant
to make specific recommendations as to how the problem can
be resolved.
Consider Property and Liability Insurance Coverage
Several months ago, there was an Attorney General's
opinion that required cities to take bids for insurance
coverage. Prior to that time, the City of Baytown had
worked insurance coverage.through a committee of local insurance
agents. When bids were taken,.five bids were received and
the low bidder was Jim Bond and Company. Mr. Bond has worked
* ** For correction to minutes, see Page 40510 -1
40426 -9
Minutes of the Regular Meeting - April 26, 1984
very hard in handling the city's insurance over this last
year. He has been very responsive and has spent a lot
of time taking inventory of city property. The city
took bids based on a one year contract and at that time
it was recommended by the city's consultant that if
the city was satisfied with the service, that contract
should be extended a second year. A few weeks ago Travelers
notified Mr. Bond that they would not renew the fleet liability
coverage. He has attempted to locate other carriers, but
unsuccessfully. Governmental entities generally are having
difficulties getting insurance carriers. Baytown is faced
with a May 5 deadline when some of the city's policies
will be cancelled. Therefore, the Administration has been
working with Mr. Bond and Texas Municipal League in an
attempt to assure continued coverage. Texas Municipal League
has a program for providing insurance coverage to cities.
In fact, the city's workmen's compensation and health
insurance are provided through TML. Texas Municipal
League has been able to get coverage because it's a very
large account. It is not necessary for the city to take
bids to enter into a contract with TML for insurance
coverage.
Richard Hare, Director of Personnel, has been working
with Mr. Bond in an effort to insure coverage for the city.
He stated that the present insurance program was recommended
by The Wyatt Company which program is rather elaborate
compared to what the city had in the past. The basic problem
is that most insurance companies are insured themselves
against losses, and unfortunately, all the major companies
had claims in Texas this year. What has happened is the
re- insurance markets have become very selective. Municipal
accounts are notorious accounts to begin with because
municipalities have so many areas of risk. Therefore, it
has become very difficult for agents to find carriers for
municipalities. Mr. Bond has successfully located a carrier
for property insurance - -St. Paul Company. Binders have
been received from other companies dealing with umbrella
coverage which is above the guaranteed loss level provided by
Texas Municipal League. What this will result in is a
spliting of packages between Mr. Bond and Texas Municipal
League which arrangement will be to the city's advantage.
However, the Administration was unable to give Council any
figures, because the companies have to work out quotations.
Therefore, the Administration requested permission from
Council to proceed with receipt of quotes from the companies
and bring those back to Council for final approval. Binders
that have been filed will secure the city's insurance coverage
while quotes are being solicited.
Councilwoman Wilbanks moved to approve the recommenda-
tion to accept Texas Municipal League's binders for liability
insurance and to accept the binders and renewals with Jim
Bond and Company for property insurance and umbrella coverage;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
40426 -10
Minutes of the Regular Meeting - April 26, 1984
Consider Proposed Ordinance, Amending Chapter 27 of the Code
of Ordinances by the Addition of a new section 27 -34(e)
"Off Street Parking Requirements"
The Planning Commission has recommended that the Subdivision
Ordinance be amended to specify that the Planning Commission
shall be responsible for off - street parking requirements for
developments that must be platted and provides that the
Planning Commission may grant an exception when in their
opinion one or more of the following apply to the development:
1. The exception is not inconsistent with the intent
of the ordinance.
2. The development of additional phases will include
provisions for any shortage.
3. The proposed development is shown to not fit
existing categories.
4. The proposed structures include areas that will
not be used as part of the majority use proposed.
Presently, the Planning Commission has no real authority
to consider off - street parking requirements as part of the
platting process. This amendment will grant that specific
authority. In developments where no plats are required to
be filed, the Inspection Department will rule on the off -
street parking requirements. The Administration recommended
approval of the ordinance.
Councilman Dickens moved for adoption of the ordinance;
Councilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3836
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 27, "SUBDIVISIONS," BY THE ADDITION
OF A NEW SUBSECTION 27- 34(e); GRANTING RESPONSIBILITY FOR
OFF- STREET PARKING REQUIREMENTS ADMINISTRATION TO THE
BAYTOWN PLANNING COMMISSION; REPEALING ORDINANCES INCON-
SISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Authorizing an Agreement with
State Department of Highways and Public Transportation
for Signalization for Loop 201 at West Texas Avenue
Council had directed the Administration to contact the
State Department of Highways and Public Transportation with
regard to the dangerous intersection at Spur 201 and West
Texas Avenue. The highway department has responded with
the proposal that a signal be installed at that location,
subject to the City of Baytown's approval. This matter was
referred to the Traffic Commission, but the explanation was
made that the intersection does not meet the warrants used
by Baytown for the installation of signals. The Traffic
Commission has recommended that no signals be installed at
this location.
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Minutes of the Regular Meeting - April 26, 1984
Johnny Santanna, a resident on West Texas Avenue, spoke
in favor of installation of four -way stops at that particular
intersection. He reported that there had been 15 accidents
at that location with one fatality.
Councilman Philips agreed with Mr. Santanna that the
intersection is very dangerous and inquired if the proposed
signal is a demand type signal. Bill Cornelius, Director of
Traffic and Planning, responded that the highway department
is proposing loops for both Spur 201 and Texas Avenue.
There is a minor problem with the phasing part of it. The
way that the state is proposing now whatever the last call
is that is the way it will end, and if the light is green on
Texas Avenue, the light will remain green until activated
by a vehicle on Spur 201.
Councilman Philips moved for adoption of the ordinance
with the specification that the light be installed with the
loops to favor Spur 201 until the light is tripped by vehicles
on West Texas Avenue. Councilman Johnson seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, and
Fuller
Mayor Cannon
Nays: Council members Wilbanks and Dickens
ORDINANCE NO. 3837
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING THE INSTALLATION OF TRAFFIC CONTROL SIGNALS ON
LOOP 201 AT THE INTERSECTION OF WEST TEXAS AVENUE; PROVIDING
FOR THE APPROVAL OF AN AGREEMENT BETWEEN THE STATE OF TEXAS
AND THE CITY OF BAYTOWN FOR THE INSTALLATION, CONSTRUCTION,
EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY SIGNAL
PROJECTS AT THAT LOCATION IN THE CITY OF BAYTOWN; PROVIDING
FOR THE EXECUTION OF SAID AGREEMENT; REPEALING THE DESIGNATION
OF WEST TEXAS AVENUE AT LOOP 201 AS A STOP INTERSECTION;
AUTHORIZING REMOVAL OF SAID SIGNS; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING
A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100 ($200.00) DOLLARS;
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Consider Authorizing Bernard Johnson Incorporated to Proceed
With Plans for Improvements to the Fire Department Radio
Communication System
At the last Council meeting, the police radio system
contract was awarded for the amount of $354,541. The es-
timated cost for additional work consisting of land, road-
way, engineering, and fencing is $75,000 which leaves a
balance of about $100,000. The study that was made by
Bernard Johnson included an estimate for the fire department
portion of the radio system improvements at about $130,000;
however, that figure has been updated to about $110,000.
The Administration has asked Bernard Johnson to indicate
what their fee would be for the design phase services for
40426 -12
Minutes of the Regular Meeting - April 26, 1984
the fire department portion. They have indicated that the
fee will be $14,000. The Administration recommended that
Bernard Johnson be authorized to proceed. If it appears
that the money on hand will not be sufficient to proceed
with the project, at least the plans will be ready, some
money will be on hand and if necessary, money can be in-
cluded in next year's budget to complete the project. It
is costing more for engineering to do this work in phases,
because it requires just as much work on the consultants'
part to develop plans and specifications for a $100,000
project as for a $500,000 project. Since Bernard Johnson
performed the work on the police system, the Administration
felt that that firm should proceed with plans for the fire
department system. The Administration recommended approval
for Bernard Johnson Incorporated to proceed with the plans
for the fire department radio system.
Councilman Fuller moved to accept the recommendation;
Councilman Dickens seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
Consider Plans for 1984 Street Improvement Program and
Authorize Advertisement for Bids
Some of the streets approved by Council for overlay
will need to be reconstructed because there is not sufficient
base material to overlay; therefore, the staff has made those
adjustments to the list. The reconstruction of East Defee
at Seventh Street had been included on the list, but the
engineers feel that additional right of way will be required
in order to construct the intersection properly; therefore,
that has been deleted from this program. If the right of
way is acquired on a timely basis, that street can be added
to the 1984 program or the street can be added to a future
program.
On reconstruction streets, as.much of the existing
material as possible will be utilized and the street will be
stabilized to a depth of 8 inches. Asphalt will be placed
on top of that. At the present time, based on soil samples
and tests, the plans are to reconstruct Eleventh Street,
Gertie, Kentucky and the roadway to the radio tower has been
included, which roadway will be paid out of police department
funds at an estimated cost of $25,000. West Adoue, West
Hunnicutt, Winkler, Yaupon, Arbor, Beaumont, Clayton, East
Texas, Ferry Road, Greenbriar, Knowlton, Largo, Memorial
and North Sixth will be overlaid. Some of these streets
are one block; some are several blocks. The total estimated
costs for the entire project is about $603,000; funds available,
including the police Department money are $550,000. Even 1
though the estimate is about $50,000 over, the engineering
staff felt that bids should be taken on the entire project
prior to deleting any of the proposed streets. Last year
the bid came in considerably under the estimate.
40426 -13
Minutes of the Regular Meeting - April 26, 1984
Fleetwood from Memorial to Felton was on the previous
street improvement program. An asphalt overlay was performed
and in several cases due to all the irregularities in the
street, the curbs were covered up. Therefore, the staff
is recommending that in this program, curbs be added at an
estimated cost of $17,500. In the future when work is being
performed on a street to eliminate drainage problems and
at the same time overlaid, this curb work will be included.
In response to an inquiry from Council, Mr. Dykes stated
that a different approach will be taken on Largo and Pruett.
The asphalt will be stopped about a foot away from the gutter
and be tappered off, leaving the concrete gutter in place.
The section of Memorial from Maplewood north has been
deleted from the list except for the places where the con-
crete has broken. From Maplewood, south the street will be
overlaid and the dips removed. The Administration requested
approval to advertise for bids.
Councilman Fuller moved to authorize the Administration
to advertise for bids on the 1984 Street Improvement Program
as discussed; Councilman Dickens seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
Consent Agenda
The City Attorney reminded Council that on Item b, the
purchase of the combination vacuum and the high pressure
sewer cleaner will be lease purchase. A very favorable
interest rate was bid by Mercantile Capitol Markets through
Mercantile National Bank in Dallas -- almost 9h%, but they
had a few problems with the city's standard lease - purchase
agreement. One of the reasons that the bank had a problem
was that they intended to make this purchase a tax - exempt
transaction which was-the reason that the bank could offer
such a good interest rate. Part of the Internal Revenue
Service requirements to qualify for the tax exempt status
changed the nature of the lease purchase agreement. Under
the prior agreements, the city had the option of refusing
to pay and send the equipment back for any reason. However,
under this agreement the city would be unable to return
the equipment in order that the city could purchase different
equipment. The lease purchase agreement is styled very
much on the order of an installment sales contract because
the closer the contract resembles an installment sales
contract the easier to quality for the tax_exempt status.
However, the bank understands that they cannot require the
city to fund the equipment and the city would have the right
to determine that there are no funds available to fund the
lease. The Administration felt that the loss in flexibility
for the city would not be that significant.
40426 -14
Minutes of the Regular Meeting - April 26, 1984
Councilman Philips requested that Item a be removed
from the Consent Agenda because he did not favor an increase
for the purchase of garbage bags. He felt that the city is
attempting to get citizens to utilize the bags and therefore,
should offer bags at the lowest cost possible. He felt that
the bags serve a two -fold purpose -- reducing litter and ease
of handling. Item a was removed from consideration.
Council then considered the Consent Agenda Items a through
d and f through g as follows:
a. Proposed Ordinance No. 40426 -4, will authorize the
final payment on the 1983 Street Improvement
Project. Angel Brothers, Inc. has completed the
1983 Street Improvement Program in accordance with
the plans and specifications. The original contract
was awarded in the amount of $379,912.75. One
Change Order was executed in the amount of $119,357.50
thus bringing the adjusted contract to $499,270.25.
The total work performed to date is in the amount
of $539,981.08, resulting in an overrun of $40,710.53.
Most of the overrun is comprised from additional
excavation, crushed limestone, and driveway work
on W. Francis and W. Jack Streets.
The contractor has been paid $501,385.01, leaving
a balance of $38,596.07.
We recommend that a final payment be made to Angel
Brothers, Inc. in the amount of $38,596.07.
b. Proposed Ordinance No. 40426 -6, will award the bid
for a combination vacuum and high pressure sewer
cleaner. Bids were mailed to four vendors and we
received proposals from three companies. The low
bidder on the unit utilizing the four year lease
purchase option that meets specifications is
Environmental Sales & Service, Inc. The submitted
a bid of $112,822.99. Council has budgeted $30,000
for the first year payment.
We recommend the low bidder, Environmental Sales &
Service, Inc. be awarded this contract.
C. Proposed Ordinance No. 40426 -61 will award the
annual cement stabilized shell contract. Bids
were mailed to one vendor. This vendor is the
only known source of this material in this area.
We have to drive to the plant site to pick up this
material and this vendor is the only source within
20 miles of the city that currently supplies said
material. Anahuac Towing & Shell submitted a bid
of $142,837.50.
We recommend the low bidder, Anahuac Towing &
Shell, be awarded this contract.
40426 -15
Minutes of the Regular Meeting - April 26, 1984
d. Proposed Ordinance No. 40426 -7, will award the
annual garbage bag contract. Bids were sent to
nine vendors and the city received six proposals
with one no bid. Poly Bag Supply Company submitted
the low bid of $71,780. This price is a 26%
increase over last years. The city will be paying
$3.589 per box.
We recommend the low bidder, Poly Bag Supply
Company, be awarded this contract.
f. Proposed Ordinance No. 40426 -8, will award the bid
' for annual safety equipment contract. Bids were
sent to 13 vendors and we received nine bids and
four no responses. This equipment is for all
departments and involves a number of different
items. The low bidders are as follows:
Item #1 TST Supply, Inc.
Item #2 Mobile Industrial
Item #3 Amerigas, IGD
Item #4 Intex Supply
Item #5 The Glove Company
The total bid amount for this contract is $16,765.40.
We recommend low bidders as indicated be awarded
this contract.
g. Proposed Resolution No. 874, will transfer funds
in the amount of $41,000 from Council Contingency
account to Capital Signal Account. This transfer
is to facilitate the purchase of the signal
equipment for the intersections at Sharon and
Garth and Birdsong and Garth.
We recommend approval of Proposed Resolution No.
874.
Councilman Johnson moved to adopt the Consent Agenda
Items a through d and f through g; Councilman Philips seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
For bid tabulations, see Attachments "E" through "F."
40426 -16
Minutes of the Regular Meeting - April 26, 1984
ORDINANCE NO. 3838
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO ANGEL BROTHERS,
INC. FOR THE 1983 STREET IMPROVEMENT PROGRAM, JOB NO.
8301 -01; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
(Proposed Ordinance No. 40426 -4)
ORDINANCE NO. 3839
AN ORDINANCE ACCEPTING THE BID OF ENVIRONMENTAL SALES AND
SERVICE, INC. FOR THE LEASE PURCHASE OF A COMBINATION VACUUM
AND HIGH PRESSURE SEWER CLEANER; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AND ATTEST TO A LEASE PURCHASE CONTRACT
WITH ENVIRONMENTAL SALES AND SERVICE, INC.; AND AUTHORIZING
THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THIRTY THOUSAND
AND NO 1100 ($30,000) DOLLARS AS THE FIRST PAYMENT THEREOF.
(Proposed Ordinance No. 40426 -5)
ORDINANCE NO. 3840
AN ORDINANCE ACCEPTING THE BID OF ANAHUAC TOWING AND SHELL
FOR THE ANNUAL CEMENT STABILIZED SHELL CONTRACT AND AUTHORIZING
THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ONE HUNDRED
FORTY TWO THOUSAND EIGHT HUNDRED THIRTY SEVEN AND 50/100
($142,837.50) DOLLARS. (Proposed Ordinance No. 40426 -6)
ORDINANCE NO. 3841
AN ORDINANCE ACCEPTING THE BID OF POLY BAG SUPPLY COMPANY
FOR THE ANNUAL GARBAGE BAG CONTRACT AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SEVENTY ONE
THOUSAND SEVEN HUNDRED EIGHTY AND N01100 ($71,780.00) DOLLARS.
(Proposed Ordinance No. 40426 -7)
ORDINANCE NO. 3842
AN ORDINANCE ACCEPTING THE BID OF TST SUPPLY, INC., MOBILE
INDUSTRIAL, AMERIGAS, IGD, INTEX SUPPLY, AND THE GLOVE
COMPANY FOR THE ANNUAL SAFETY EQUIPMENT CONTRACT AND AUTHOR-
IZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FIFTEEN
THOUSAND ONE HUNDRED NINETEEN AND 80/100 ($15,119.80) DOLLARS.
(Proposed Ordinance No. 40426 -8)
RESOLUTION NO. 874
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO APPROPRIATE $41,000.00 FROM THE "COUNCIL CONTIN-
GENCY" ACCOUNT TO THE CAPITAL SIGNAL ACCOUNT, ACCOUNT NO.
604100 - 000108; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
40426 -17
Minutes of the Regular Meeting - April 26, 1984
Consider Approval of Increase in Fee for Garbage Bags
Council took no action on this item; therefore, the
cost of the bags will remain $3.50.
Discuss the Transportation Feasibility Study Recommendation
for the Appointment of a Council /Citizens Advisory Committee
Council had discussed the formation of a Council /Citizen
Advisory Committee at a work session on April 12. Dina
Stucker, Transportation Planner, has prepared a memorandum
indicating areas that might be of interest to the committee.
Council concurred that the Administration should develop a
proposed outline on the makeup of the committee and that
initially the committee would have no terms; afterwhich if
the Council decided to continue the committee, terms could
be established.
Consider Appointments to Plannina Commission
Councilman Dickens moved to reappoint Mike Finley, John
G. Walmsley, H. J. Tarski and Perry Walker to the Planning
Commission; Councilman Johnson seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
Consider Appointments to Baytown Housing Finance Corporation
Board
Council will make these appointments at a future date.
Consider Appointments to Auto Wrecker Committee
The terms of Joe H. Wheat, Jr. and Gary Walker as members
of the Auto Wrecker Committee are expiring. Mr. Walker has
indicated that he does not wish to be considered for re-
appointment. Councilman Fuller moved to reappoint Joe H.
Wheat, Jr. to serve on the Auto Wrecker Committee; Council-
woman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
40426 -18
Minutes of the Regular Meeting - April 26, 1984
Consider Appointments to Baytown Traffic Commission
Councilman Philips moved to reappoint Becky Clayton to
serve on the Baytown Traffic Commission and to appoint Herman
H. Attaway to replace Tommy Cooke who no longer desires to
serve; Councilman Johnson seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Wilbanks,
Fuller and Dickens
Mayor Cannon
Nays: None
Mayor Cannon Reports Briefly on Pittsburg Trip
Mayor Cannon stated that he had intended to bring Council
a report on his trip to Pittsburg, but in view of the late
hour, he would give a detailed report at the next meeting.
He said that he had a little problem with the meeting because
he had traveled up there thinking that the steel import
problem would be discussed. Quickly the discussion expanded
to all imports which Mayor Cannon had some problem with.
Basically, there is a proposed bill in Congress to restrict
the import of foreign steel which the Mayor would have no
problem supporting in itself, but there are some problems
that he will cover at the next Council meeting. The Mayor
stated that he would not be in favor of supporting Local
Officials for Fair Trade. He will report in more detail
at the next meeting.
Recess into Executive Session to Discuss Pending Litigation
Mayor Cannon recessed the open meeting into executive
session to discuss pending litigation. When the open meeting
reconvened, Mayor Cannon announced that there was no business
to be transacted.
Adjourn
Since there was no further business to be discussed,
the meeting was adjourned.
Eileen P. Hall, City Clerk
Attachment "A"
M E M O R A N D U M
TO: M4YCR At-0 C I TY C0.JNC I L
FROM: RAI\DALL B. S TRONO , CITY ATTCRNEY
SUBJECT: CONFLICTS OF INTEREST
DATE: APRIL 18, 1984
Art. 988(b) Defines the permissible and impermissible
limits of public officials conflicts of interest. Pursuant to.
this statute, the potential for conflict is measured by whether
the individual official or a relative within the second degree of
blood or marriage has a "substantial interest" in real property
or a business entity which has an economic interest that will be
effected by a vote or other action of the official.
"Substantial Interest" is described as:
Ownership of 10 percent or ownership of $2,500 or
or more of the voting more of the fair market
stock or shares of a value of a business
business entity entity
or
Funds received by the person from a business entity which exceed
10 percent of the person's gross income for the previous year
or
Equitable or legal ownership with a fair market value of $2,500
or more in real property
and
Includes an interest of a person related within the second degree
by either affinity or consanguinity.
The definition of "Business Entity" includes mega
corporations and small partnerships, giant holding companies and
direct sales association. Ownership or an interest in the
ownership of such varied business entities basically takes two
distinct forms: (1) stock ownership or (2) actual ownership of
the fair market value of the entity. The statue has separate
tests for each of the two types of ownership.
1
Stock or
shares in a
corporation is
deemed
"substantial" if
the person owns
10 percent
or more of the
voting
stock or shares.
Ownership of
10 percent
of the stock of
General Motors would
certainly be "substantial
".
Ownership of
$3,000
worth of General
Motors stock,
which would
be less than
.001%
of the company,
would not be substantial.
A "substantial interest" in other forms of business entities
such as a partnership is measured by the ownership of $2,500 or
more of the fair market value. Partnerships and sole
proprietorships are generally fairly small, and the $2,500 limit
recognizes the need to treat them differently from large
corporations.
A "substantial interest" in real property is also measured
by the ownership of $2,500 or more of the fair market value.
The statute prohibits "knowingly" participating in a vote or
other action which might benefit a business entity in which the
official has a "substantial interest." The official has a
"substantial interest" if a relative within the second degree by
marriage or blood has such an interest. Does the statute require
the public official to question or personally scrutinize his
uncle's or mother -in -law's financial affairs? Probably not. But
the statute would require the official to exercise sound judgment
in determining the potential for such conflict of interest.
Questions to ask yourself:
1. Do you own 10% or more of the voting stock or shares of
any corporation?
2. Do you own $2,500 of the fair market value of any other
business entity?
3. Did you receive 10 percent or more of your gross income
from a business entity last year?
4. Are you aware of any relative within the second degree
by blood or marriage who would answer "yes" to any of the above
questions?
If the answer is "yes" to any of these questions, it may be
necessary to file an affidavit with the City Clerk specifying
such potential conflict and abstain upon any vote affecting such
business or real estate. Please contact the City Attorney for
further clarifications.
2
Attachment "B"
. t; ��
P;
THE GERALD A TEEL COMPANY
Real Estate Analysts and Appraisers
March 15, 1984
CITY OF BAYTOWN
P. 0. Box 424
Baytown, Texas 77520
ATTN: Randy Strong
Dear Mr. Strong,
In accordance with your request we have made a paving assessment study on
the 11.73 acres on the southeast corner of Garth Road and Rollingbrook
Drive, legally described as:
11.73 acres out of the Harvey Whiting Survey,
Abstract 840, Baytown, Harris County, Texas.
The purpose of this study is to estimate the market value of the
property before Rollingbrook Drive is developed, then to estimate the
market value after Rollingbrook Drive is developed. By estimating these
two market values, the specific enhancement to the property of
Rollingbrook Drive may be calculated.
Rollingbrook Drive is presently a two lane concrete road with curb and
gutter in front of the subject tract. The City of Baytown plans to
extend all four lanes of Rollingbrook to Garth Road. Turning lanes are
planned for Rollingbrook at the intersection of Garth Road.
In estimating the market value for the 11.73 acres a thorough search of
the Harris County Deed Records was conducted. Land sales were also
confirmed by local investors and brokers. An addenda is attached to
this report in which seven (7) comparable sales are listed. These sales
are considered to be similar to the subject tract.
The estimated market value of the property was derived by the direct
sales comparison approach. It is considered to be the only applicable
approach for vacant land. In the direct sales comparison approach,
adjustments are made to the sales to make them equal to the subject
tract. The main adjustments for these seven comparables are for
location, time and size.
Sale #1 is considered the most comparable to the subject property. The
sale is located on the southeast corner of Garth and Cedar -Bayou
Lynchburg Roads. It contains 13.4612 acres and sold In November of 1983
for $3.50 per square foot. Positive adjustments were necessary for
location, road frontage along Cedar Bayou - Lynchburg Road and a pipeline
which runs across the northwest corner. The subject is considered to be
superior to the sale after the completion of the proposed expansion of
Rollingbrook Drive.
401 Studewood Suite 204 Houston, Texas 77007 (713) 880.0402
Mr. Randy Strong
March 15, 1984
Page 2
Sale 12 wraps around the southeast corner of Garth and Cedar
Bayou- Lynchburg Road. The tract contains 9.48 acres and sold for $3.25
per square foot in December of 1983. The property contains frontage
along Garth Road and Cedar Bayou- Lynchburg Road which is a two lane
asphalt road in poor condition. Positive adjustments were necessary for
location and road frontage along Cedar Bayou- Lynchburg. The subject
property Is considered to be superior to this tract In location but
similar in road frontage before the expansion program.
Sale 14 Is located approximately 300 feet south of the subject with 321
feet of frontage along Garth Road. This tract contains 2.6 acres and
sold for 32.50 per square foot in December of 1983. Positive
adjustments are necessary since the property Is not located on the
corner, also a 301 easement bisects the property on the southern portion
from the east and west boundaries. A positive adjustment is needed
since the property is smaller than the subject. The subject Is
considered to be superior to this sale.
Sale 15 is located along the east side of Garth Road approximately 1039'
south of Cedar Bayou- Lynchburg. The tract contains 6.013 acres and sold
for $2.00 per square foot in August of 1982. Positive adjustments are
necessary for location and time. The main adjustments are for time
since the activity along Garth Road has been increasing rapidly in the
last year. The subject tract i.s considered superior to this sale.
Based upon the facts of all seven (7) sales and mainly the four (4)
discussed In this report, it is our opinion that the estimated market
value of the subject property, before the extension of Rollingbrook
Drive to Garth Road, as of March 12, 1984 Is $3.50 per square foot.
In valuing the enhancement of Rollingbrook Drive extension to the
subject property, sales of corner tracts along Garth Road are
considered.
Sale #1 is considered to be the most comparable to the subject property.
Sale #1 and the subject both consists of large land areas with frontage
along Garth Road and a two lane thoroughfare. By comparing Sale #i with
Sale #2, it is easy to see the value of a corner Is greater than a sale
with road frontage. Sale #1 was originally a 13.4612 acre tract
purchased for $3.50 per square foot. Sale #2 is a 9.48 acre tract out
of the original tract which wraps around the corner and sold for $3.25
per square foot.
Mr. Randy Strong
March 15, 1984
Page 3
By comparing Sale #1 to Sale #7, adjustments were made for size,
location, road frontage and time. Sale #7 is located on the corner of
Baker and Garth, which are both four lane concrete roads with curb and
gutter.
Rollingbrook Drive is proposed to be extended from a two lane
thoroughfare to a four lane thoroughfare which is located on the
northern boundary of the subject property. Therefore, it is our opinion
that the subject tract will increase in value by S.25 per square foot or
$3.75 per square foot overall. This value is based upon the completion
of Rollingbrook Drive. The total assessed value to the property would
then be as follows:
Curb Cost 880 L.F. @ $2.00 5 1,760.00
Paving Cost 880 L.F. @ $142.50 125,400.00
TOTAL $127,160.00
ONE HUNDRED TWENTY SEVEN THOUSAND ONE HUNDRED SIXTY DOLLARS
($127,160)
If we may be of any further assistance to you in this matter please do
not hesitate to call.
Sincerely,
THE GERALD A. TEEL COMPANY
Gerald A. Teel, MAI,SRPA
GAT /rd
Sale #1 Date: 12/83 Map Ref: 501G
Recording Data: 066 -95 -1245
Grantor: S/C Management Co., Albert B. Lum
Grantee: James Lovell
Description: 13.4612 acres out of the Harvey Whiting Survey,
Abstract 840, Baytown, Harris County, Texas.
Consideration: $2,052,300 or 53.50 per square foot.
Remarks: This tract of land is located on the southeast
corner of Cedar Bayou- Lynbchburg Road and Garth
Road containing 660' of frontage and 959' of
frontage respectively. A pipeline easement
bisects the northwest corner of the subject
tract. The tract is basically rectangular with
a carpet of native grass. Utilities are provided
to the site by the City of Baytown. Also included
within this sale is a 2.2881 acre tract which is
located on the southeast portion of the property
and sold for $1.50 psf in December of 1983. This
tract was purchased for a retention pond which is
required by the City of Baytown.
N
Sale #2 Date: 12/83 Map Ref: 501G
Recording Data: 066 -95 -1254
Grantor: James R. Lovell
Grantee: Wal -Mart Properties Inc.
Description: 9.48 acres out of the Harvey Whiting Survey,
Abstract 840, Baytown, Harris County, Texas.
Consideration: $1,342,084 or $3.25 per square foot.
Remarks: The tract wraps around the southeast corner of
Cedar Bayou - Lynchburg Road and Garth Road. The
tract contains 429 feet of frontage and 454 feet
of frontage respectively. The tract is level and
covered with a carpet of native grass. Utilities
extend along the south side of Cedar Bayou -
Lynchburg and the east side of Garth Road.
The proposed use for the property is a
Wal -Mart Center.
s
Sale 13 Date: 1/84 Map Ref: 501P
Grantor: Charles Kirkland
Grantee: Tenneco
Description: .456 acres out of the Harvey Whiting Survey,
Abstract 840, Baytown, Harris County, Texas.
Consideration: $225,000 or $11.33 per square foot.
Remarks: This tract of land is located on the southwest
corner of Cedar Bayou- Lynchburg Road and Garth
Road and contains 140' of frontage and 145' of
frontage respectively. The tract is basically
rectangular and covered with a carpet of native
grass. The property is provided with utilities.
Sale 04
Date: 12/83 Map Ref: 501P
Recording Data:
069 -81 -2496
Grantor:
A.J. Busch, Jr.
Grantee:
James G. Gerace, Ed Hullum, David Start
Fes''
�- Description:
2.60 acres out of the Harvey Whiting Survey,
Abstract 840, Baytown, Harris County, Texas.
Consideration:
$254,826 or $2.25 per square foot.
Remarks:
The tract of land is located along the east side
of Garth Road with 321' of frontage approximately
875' south of Rollingbrook Drive. The tract
contains a 2,000 SF BeeHive Florist Shop. These
improvements are considered to add little or no
value in the sale. A 30' easement runs on the
southern portion of the property entering from
the east and west boundaries of the sale. The
tract is level and covered with a carpet of
native grass. Utilities are available and
found along the western boundary of the tract.
Sale §5 Date: 8/82 Map Ref: 501F
Recording Data: 022 -95 -0887
Grantor: S/C Management Company No. 26, Ltd.
Grantee: Payless Cashways, Inc.
Description: 6.013 acres out of the Harvey Whiting Survey,
Abstract 840, Harris County, Texas.
Consideration: $523,852 or $2.00 per square foot.
Financing: Cash
Remarks: This is a rectangular shaped tract of land
situated on the east line of Garth Road,
approximately 1,039' south of Lynchburg -
Cedar Bayou Road. It contains 310' of
frontage on Garth Road. This tract was
vacant at the time of purchase and is
being developed with a Furrow's Hard-
ware and building materials store.
All utilities were available at the
time of sale except for sanitary
sewerage of which the purchasers
extended a sewage line approximately
740' to the property.
'1
Sale b6
Date: 5/82 Map Ref: 501P
Recording Data:
014 -91 -1336
Grantor:
N.H. Condor, Trustee, et al
Grantee:
San Antonio Savings Association
Description:
11 acres out of the Harvey Whiting Survey,
Abstract 840, Harris County,Texas.
Consideration:
$718,740 or 51.50 per square foot.
Remarks:
This is a rectangular shaped tract of land
situated on the west line of Garth Road,
approximately 700' south of Rollingbrook Dr.
It contains 300' of frontage on the west
line of Garth Road. This tract was vacant
at the time of purchase and has subsequently
been developed with the Trestles of Baytown
apartment project containing 220 units.
Sale 17
Date: 10/81 Map Ref: 501K
Recording Data:
195 -82 -0500
Grantor:
Triad Partnership (F.W. Wolfean,Il et al)
Grantee:
Gulf Oil Corporation
Description:
1.088 acres of land out of the Harvey Whiting
Survey, Abstract 840, Baytown, Harris County,
Texas.
Consideration:
$250,000 or $5.28 per square foot.
Financing:
Cash
Remarks:
•This tract of land is located at the northwest
corner of Baker Road and Garth Road. It contains
approximately 2241 of frontage along Baker Road
and approximately 213' of frontage along Garth
Road.-.-The tract was vacant at the time of sale
but has since been improved with a Gulf Service
Station. The tract has all utilities available.
IN
N
,ale Date Size
1 12/83 13.4612
2 12/831 9.48
3 1/84
0.456
4 12/83
2.60
5 8/82
6.013
6 5/82
11.0
7 10/81,
1.088
LAND SALFS SUMMARY
Cgnsl eratlon
S/SF
Frontane
52,052,300
$3.50
Garth Road b Cedar
Bayou - Lynchburg.
1,342,084
3.25
Garth Road & Cedar
Bayou - Lynchburg.
225,000
11.33
Garth Road & Cedar
Bayou- Lynchburg.
254,826
2.25
Garth
523,852
2.00
Garth
718,740
1.50
Garth
250,000
5.28
Garth & Baker Rd.
Member - MAI, American Institute of Real Estate Appraisers
Member - SPRA, Society of Real Estate Appraisers
Member - American Right -of -way Association, Chapter 8
Member - Pasadena Board of Realtors
Real Estate Broker - State of Texas, License 1173066
Member - International Professional Practice Committee for the Society
of Real Estate Appraisers
Chairman - Education Committee for the American Institute of Real
Estate Appraisers 1981 - present.
Secretary - American Institute of Real Estate Appraisers Houston
Chapter No. 33.
Treasurer - Society of Real Estate Appraisers Houston Chapter No. 83
Owner - The Gerald A. Teel Company,a real estate analyst and appraisal
group with offices at 401 Studewood, Houston, Texas. Formerly a
partner in the firm of Dominy, Ford, McPherson b Teel, Real Estate
Appraisers and Consultants since June, 1974.
In connection with above employment, clients include condemnation
authorities, financial institutions, attorneys, individuals and
courts. in this capacity, appraisals have been made of: Commercial
properties, subdivisions, farms, ranches, residences, apartments,
industrial properties, all types of easements and a wide variety of
special purpose properties.
Electrical Engineering Degree - Texas A b M University
Real Estate Finance - University of Houston
Principles of Real Estate - University of Houston
Fundamentals of Real Estate Law - University of Houston
Real Estate Appraisal I - University of Houston
SREA Course 201 - University of Houston
American Institute of Real Estate Appraisers, Course 1A, 16, and
Investment Analysis - Course 6
1976 - 1979 - Instructor of Real Estate Appraisal Courses at Lee
College, Baytown, Texas
1978 - Present - Instructor of Real Estate Appraisal - Gulf Coast
School of Real Estate
Member - Faculty for the American Institute of Real Estate Appraisers
Courses: "Capitalization Theory b Techniques, Parts A and B and
"Real Estate Appraisal Principles"
Have qualified as expert witness In courts of Brazoria, Harris, Fort
Bend, Grimes and Robertson Counties, Federal Bankruptcy Court and
Hearings for the Texas Health Facilities Commission.
Born in Baytown, 1944, married with two children; U.S. Air Force,
Vietnam War; involved primarily In real estate oriented activities
since 1972; i.e., brokerage, investments, and property management.
"The American Institute of Real Estate Appraisers
conducts a voluntary program of continuing education
for its designated members. MAI's and RM's who meet
the minimum standards of this program are awarded
periodic educational certification. I am certified
under this program through December 1, 1986."
N
TITLE. COMBINATION VACUUM AND HIGH PRESSURE SEWER CLEANER
BID: 8402 -31 --
DATE MARCH 3, 1984
CITY OF BAYTOWN
BID TABULATION
1E
SALES
IDS Co. - ALTER.
UNIT
make /model
Ford LN8000
Aquatech
-10
N1
EXTENDED
$ 96,881.11
UNIT
EXTENDED
"
UNIT
EXTENDED
ITEM
QTY
UNIT
DESCRIPTION
Combination Vacuum and High
Pressure Jet Rodder Sewer
Cleaning Unit truck mounted
per specifications.
ENVIRONMENTAL
UNIT
make /model
Ford LN80001
Varjor 810
EXTENDED
$ 98,450.00
1
1
Ea.
6 88 1 . 1
Total Purchase Price:
$ 98,450.00
Ea.
I year lease /purchase
$107,846.43
$112 822 9
3
1
Ea.
4 year lease /purchase
Delivery:
1 150 days
Special conditions:
Does not
eet s eci-fi
ations for
'
p
imary bid.
GROSS TOTAL.
LESS DISCOUNT
NET TOTAL'
TERMS
DELIVERY
CITY OF BAYTOWN
TITLE-. COMB I NATION VACUUM AND H I GH PRESSURE SEWER CLEANER BID TABULATION Attachment "C"
BID: 8402 -31
DATE:
ITEM
1
QTY
1
UNIT
Ea.
DESCRIPTION
Combination Vacuum and High
Pressure Jet Rodder Sewer
I D S', Co.
NAYLOR SUPPLY CO.
UNIT EXTENDED
make /model
Ford LN 00
NAYLOR - ALTER.
UNIT
make model
Ford LN800
F
ill
EXTENDED
'
NAYLOR - ALTER.
ONI
make /model
Ford Ln8000
#2
EXTENDED
UNIT
make /model
I -H 1954
EXTENDED
Camel 200 $1001182.00
Camel 200
z:
$107,544.00
Camel 200
$99,881.00
Cleaning Unit, truck mounted
per specifications.
quatec
B -10
$95 281.11
"
$100,182.00
$107,544.680
$99,881.00
Total Purchase Price:
$951281.11s4
$113,205.66
or
r
2 2 2
or
tha
112 866.66
2
1
Ea.
3 ear lease/ purchase
S104.370-53
13 %rrore than 13Ob more
q. 4 more han urchase rr e
purchase pri a purchase price purchase pri e p P
4 year lease/ purchase 112 .4 $119.717.50 $128,515.08 $119,357•$0
1 Ea. _ or __.
20 more tha
purchase pr Ice purchase pr Ice purchase pri a purchase pri e -
Bids were mailed to four
vendors and we receives
companies.
120 days 90 days
Delivery:
Special conditions: *Does not m et specific tions
on start - an stop qt pulp, without
GROSS TOTAL drive enWnp siped and
LESS DISCOUNT reference.
NET TOTAL
TERMS
DEL. CRY
90 days 90 days
Hose 6 ree apparatus ircDoes not m et specific
ocated behind the cab. ations on GUW and rear
Crris.
TITLE._ AqNUA1 GARBAGE RAr, CQNTRAt
BID: 8404 -so
SATE: APRIL 10, 1984 2:00 P.M.
CITY OF BAYTOWN
BID TABULATION
Attachment "E"
ITEM
QTY
1.000.000
UNIT
DESCRIPTION
ANNUAL GARBAGE BAG CONTRACT.—
as per specifications.
SUNBELT PLASTICS
UNIT. EXTENDED
$102.00 $102,000-00
B C E PACKAGING
UNIT EXTENDED
$85.80 $85,800.00
POLY AMERICA INC.
UNIT EXTENDED
$82-50 $82,500-00
ADAMS INDUSTRIES INC.
UNIT EXTENDED PRirgr
.00 000.00
AITFRNATFi
DELIVERY:
30 days ARO
30 days ARO
30 days ARO
14 days AR
Prices g od
for six
Serond six months
rice ma
u or
own ale
of rpaSnn
n cos
Bids tp--ninp vendnrq
were sent
We received six bids one no
hid and two no respnnso
_.._ ___ __
c-Ir Ann nn
:t1i — 562/_1�
LESS DISCOUNT
NET TOTAL
TERMS
DELIVERY
FIT L E. ANNUAL CEMENT STABILIZED SHELL BACKFILL -REDID
31D: #81,011 -52
)ATE- APRIL 9, 19811 2:00 P.M.
ITEM QTY UNIT DESCRIPTION
ANNUAL CEMENT STABILIZED
SHELL BACKFILL, per
speciFications.
000 tons 11 Sk /Ton Cement Stabilized
She II
CITY OF BAYTOWN
BID TABULATION
D
23.15 $115,75 0.01
26 65 19 987.5
750 tons 24 Sk /Ton Cement Stabilized
Shell
3 250 tons 3 Sk /Ton Cement Stabilized - 28.40 $ 7,100.0
Shell
DELIVERY: We will pick up the
material at their
p an e.
TOTAL: $142,837.50
Bids were mailed to 1 vendor.
GROSS TOTAL
LESS DISCOUNT
NET TOTAL
TERMS
DELII.Y
Attachment "D"
XTE.NDED UNIT I EXTENO
PR If F onICt PRICE
0 �
I• C
EXTENDED
M
fl '
z
z
00
as
m
U- a
0 F-
U
d
0
a o
v
N
t�
4
m
ua
G co
m rT
Q
r,
O
l J
fo Q
W,
J
w
a
D
0
H
N
~
N
cn 2
>
w
C7
W W
J Z I-
W
O
w
0
Z
W
X
W
_ k
Z
O
f
a
I
.
II
0
W
O
Z
W{(
CL
SS
f" LL
i
Z
1
W
04
�x
W
F-
z
m Cc
o
a
l�
�z
Z
W Cc
W
Q
a
N
Z
. Q
�
I
l
_
H
N
~
N
cn 2
>
w
C7
W W
J Z I-
W
O
TITLE- GARBAGE BAG CONTRACT
BID: 8404 -so
DATE: APRIL 10, 1984 2:00 P.M.
CITY OF BAYTOWN
BID TABULATION
PAGE 2
ITEM
QTY
UNIT
DESCRIPTION
'
RR61J INDUS T RIES, I NC .
UNIT. EXTENDED
a
POLY G
UNIT EXTENDED
UNIT EXTENDED
UNIT EXTENDED
PRirF
000
ANNUAL GAR BAG BAG
as er specifications.
9.1
11 .00
J71-78
1 80.00
NO BID
t
NO RESPONSE
ALTERNATE:
$76.735
GROSS TOTAL
LESS DISCOUNT
NET TOTAL
TER MS
nCt v coV
$71,780-00
Y{r {� -j as • ...
TITLE. ANNUAL SAFETY EQUIPMENT CONTRACT
BID: #B4 3-b7-
DATE: MARCH 29, 1984 2:00 P.M.
CITY OF BAYTOWN
BID TABULATION
PAGE 2
TST SUPPLY
UNIT EXTENDED
MOBILE INDUS TR AL
UNIT EXTENDED
SEA LEVEL-
UNIT EXTENDED PRIrF
ITEM
QTY
UNIT
DESCRIPTION
GLOVE COMPANY
UNIT.
EXTENDED
3g
200
ea
Respirator
8.35
$.-1-,670.00
7.95
1 00
S 90.6o
6
--44
S 4118-00
3h
20
ea
Head Gear
3.29
65.80
4.53
4.00
4.339-60
2.99
s 119.6o
8 1.6
8
3i
40
ea
Face Shields
TOTAL EYEWEAR, EAR PLUGS,
2.70
$ 108.00
$ 4,064.30
1.85
DUST MASK C FACE SHIELD
Slip Over Safety.-Vest
$ 210.00
4.25
S. 425.00
3.37
337.00
3.34
$ 334.00
2.10
4a
100
ea
$ 1,100.00
4.25
1.95
850.00
$ 390.00
3.51
1.33
02.00
266.00
Vest.Style Safety Vest
7.07
$ 1,414.00
5.50
4b
200
ea
4c
200
ea
Safety Flags
1.47
$ 294.00•
2.02
$ 404.00
$ 2.600.00
5.35
$ 2.675.00'
0
4d
500
ea
Safety Cone - without imprint
Safety Cone - W.ith imprint
3.80
$ 1,900.00
5.20
5.17
$ 517.00
NO BID
NO BID
6*•95
$ 695.00
4.11
411_00
4e
100
ea
$ 5.035.00
V
3.466.00
TOTAL SAFETY VEST, FLAGS
$ y,459.0o
$ 4,314.00
AND CONES
1.8
1.99
1.50
•
182.00
S 199.00
390.00
1,42
1.98
2:39
1.00
1 420.00
739.00
5a
5b
5c
1,000
100
100
ea
ea
ea
Work Gloves
Heavy Rubber Glove
Light Rubber Glove
1.22
1.28
1.42
220.0
$ 128.00
$ 142.00
1.00
1.
100.00
173-00
5d
e
50
200
ea
ea
Driving Glove
Knit Work Glove
2.60
1.00
1 o.00
200.00
2.60
1.0
214.00
5f
40
ea
Welders Gloves
4.26
1 0.40
20
2.465.20
TOTAL GLUES
GROSS TOTAL
DELIVERY
EXCEPTIONS:
3 Da vs ARO
1 -14 Da s ARO
14 Da s ARO
ations. Jacket
f�n onenynnts in
** Does 'not meet specifi
Iback. Pants dopnot have
CITY OF BAYTOWN
TITLE.
BID:
DATE:
ITEM
la
lb
_ ANNUAI -1; FETY
#8403 -47
MARCH 29, 1984
QTY UNIT
345 ea
345 ea
FOU I PMENT CQNTRArT
2:00 P.M.
DESCRIPTION
ANNUAL SAFETY EQUIPMENT
CONTRACT, per specifications.
Jacket and Pants
Boots
TOTAL RAINWEAR
BID TABULATION
GLOVE COMPANY TST SUPPLY
UNIT. EXTENDED UNIT EXTENDED
7.10 $ 2,449-50 $2 18.40•
10.21 $ 3,522.45 9.51 $ 3,280.95
$ 5p971-95 $5,599-35
Attachment 'Y'
MOBILE IN
UNIT EXTENDED
4.49 ''S 1 549 .05'
9.99 $ 3,A46 .55
$ 4,995.60
SEA LEVEL
UNIT'
NI
_
10.71
9.95
'
EXTENDED
$ 3 694.95
$ 3,432.75
$ 7,127.70
Hard Hats - without imprint
4.45
$
445.00
6.19 $
619.00
3.29
$
329.00
4.76
$
476.00
2a
100
ea
NO BID
4.75
2.40
NO BID -
$ 1.425-00
$ 120.00
3.99
3.00
'2.70
$
$
$
399.00
900.00'
135.00
6.12
3.89
2.84
$
$
$
612.00
1,167.00
142.00
2a
2b
100
300
ea
ea
Hard Hats - with imprint
Ratchets
5.65
5.28
$
$
$
565-00-
1 584.00
113.50
Zc
50
ea
Bump Caps
2.27
' .' 2.20
$ 264.00
3.00
$
360.00
2•. 5.-
$
262.80
2d
120
ea
Winter Liners
2.14
$
256.80 _
$ 2,428.00
$
2-,123.00
_
$
2,659.80
TOTAL HARD HATS
$ 2,964.30
$
$
57.50
927.00
2.00
3.68
2.36
10.
$ 92.00
08.00
t 0 .00
2.99
2.
$
74.75
8 '.00
.00
2.24
NO-BID
8
$ 56.00
NO 010
8.00
a
50
ea
Ventilation Goggles
2. 0
s 3
3.09
2
3b
25
ea
Ventilation & Anti - Splash Goggl
3c
300
ea
Anti - Splash Goggles
E e. Glasses
Side Protection Eye Glasses
Ear Plugs
d
100
ea
1.90
.14
$
190.00
84.00
5.84
.1
584.00
8.00
2.5
.14
252-00
84.00
3.71
.18
371.00
108.00
e
if
100
600
ea
ea