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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. 40426 -11 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