1984 06 28 CC Minutes40628 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
June 28, 1984
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, June 28, 1984, at 6:30 p.m.
in the Council Chambers of the Baytown City Hall with the
following attendance:
Fred T. Philips
Perry M. Simmons
OW Roy L. Fuller
Gerald Dickens
Allen Cannon
Fritz Lanham
Larry Patterson
Randy Strong
Eileen P. Hall
Absent:
Jimmy Johnson
Ron Embry
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Councilman
Councilman
The meeting was called to order with a quorum present.
The invocation was offered by Councilman Fuller, afterwhich
the following business was transacted:
Consider Minutes for Council Meeting Held June 14, 1984
Councilman Simmons moved for approval of the minutes;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Fuller and
Dickens
Mayor Cannon
Nays: None
Receive Petitions
There were no petitions presented.
City Manager's Report
Baytown Transit Committee - The committee held its first
meeting. Bill McElhannon was elected Chairman; Wanda Brown,
Vice Chairman.
Brush Burner - Several months ago there were problems
with the brush burner, and Council authorized the staff to
add sheet piling to one side of the pit. Now the same problem
has resulted on the other side. Before requesting that Council
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Minutes of the Regular Meeting - June 28, 1984
authorize the addition of sheet piling on this side, the
administration would like to experiment with steel insulating
reinforced concrete. The ultimate cost would probably be
about the same as the additional sheet piling, but the
administration would like to expend up to $2,000 testing the
material. Council had no objections to the staff trying the
steel reinforced insulating concrete, and if this experiment
appears to work, the staff will take bids on treating the
entire pit in this fashion.
Stauffer Chemical Company Waste Incineration - Stauffer
Chemical Company has requested to meet with Council to
explain what is proposed with regard to waste incineration
at the Stauffer Chemical Plant. Council scheduled a work
session for 5:30 p.m. on July 12.
Pothole Bill - Baytown, along with many other cities in
the state had supported the Pothole Bill but it appears that
that bill will not be approved because there are so many
demands being placed on the legislature for the money to be
generated by the new tax. However, if the exemptions on
sales taxes for services and some of the things that are
now exempted are lifted, cities will benefit from that.
Removing some of the exemptions is a part of the tax bill
that was reported out by the House Ways and Means Committee
today.
Councilman Philips pointed out that this would probably
work better because the other proposal required a great amount
of bookkeeping and probably auditing tied to it.
Mr. Lanham pointed out that the sales tax revenues are
sensitive to inflation which could effect the revenue either
up or down.
Child Restraint /Open Alcoholic Beverage Containers
Legislation - Gay Plank with the Baytown Citizens Safety
Council appeared to request that Council consider support of
two items that the Governor had agreed to consider in the
special session of the legislature - -child restraint /open
alcoholic beverage containers.
Mrs. Plank mentioned that the child restraint legis-
lation would make it a misdemeanor for an individual to
permit an infant under four_ years of age to ride in a motor
vehicle without proper protection of a child restraining
system. The proposed bill will allow an individual, who is
cited for failure to comply with child restraint requirements,
ten (10) days to comply. Texas is one of the few states
without any kind of child restraint law.
Council had been asked by the Baytown Citizens Safety
Council through resolution of that group to adopt an ordinance
barring open alcoholic beverage containers in moving vehicles
within the City of Baytown.
Councilman Philips mentioned that Council had discussed
this possibility once before and Council had discussed at
that time the difficulties that would be involved with Baytown
having a law on the books that was inconsistent with state law.
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Minutes of the Regular Meeting - June 28, 1984
The City Attorney mentioned that the city has no
authority to adopt such an ordinance.
Councilman Fuller stated that he could see the merit in
such an ordinance, but felt that the ordinance would be
impossible to enforce.
Since neither of the two items were listed on the agenda,
Council could take no formal action; however, Mr. Lanham
suggested that since Council was interested in the child
restraint provisions being adopted, that the administration
draft a letter for the Mayor's signature expressing Council's
support of that measure; Council had no objections.
Mayor Cannon suggested tht the item on barring open
alcoholic beverage containers be placed on a future agenda
in resolution form for consideration by Council since there
are differences of opinion on the matter.
Regulation of solicitation at intersections for charitable
purposes - Several weeks ago Council had mentioned the need
for some type of regulation regarding charitable solicitors
at intersections. The city clerk checked with surrounding
cities and most do not regulate charitable solicitors.
Houston issues a special permit for the sale of flowers, but
only from sidewalks. Every other transaction, charitable or
otherwise, is prohibited on streets and sidewalks of Houston.
Beaumont is currently working on an ordinance on solicitations.
Council expressed an interest in placing regulations
that would weed out those organizations that were not truly
charitable. However, the city attorney explained that the
area of charitable solicitation is very difficult to regulate
and that if Council is interested in placing more stringent
regulations in that area, he would need to do a considerable
amount of research.
Council determined that the problem was not severe
enough to warrant the burden that it would take to place
stringent controls. Presently, the city does require that
charitable solicitors file a statement with the city clerk.
9 -1 -1 - The 9 -1 -1 Board would like to hold meetings
at various places within the 9 -1 -1 district. The board
meets on the first Thursday each month at 10:00 a.m. Council
had no objection to the 9 -1 -1 Board holding a meeting in
Baytown.
Councilman Fuller stated that he had attended a three -
day national conference on 9 -1 -1, and it is amazing how
many large cities are now in the process of installing 9 -1 -1
systems. New Orleans is five weeks into its 9 -1 -1 system,
and it has been highly successful thus far.
Rollingbrook Drive (West of Garth Road) - This project
is 95% complete. All of the concrete pavement has been
poured.
Rollingbrook Drive (East of Garth Road) - Both lanes
for this improvement were poured today.
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Minutes of the Regular Meeting - June 28, 1984
Sliplining - The work is complete on Colby, Pamela, and
East Republic and the contractor is working on Sunset.
Bayway /Baker Road Drainage Ditch - This project is 96%
complete.
Beech /Oakwood Community Development Project - The
contractor has installed both lanes on Beech and Oakwood
Streets. The driveways and sidewalks are now being installed.
Gulf /Humble Community Development Project - Entex has
relocated its gas mains, and Exxon is to adjust its lines
beginning July 2.
1984 Street Improvement Project - The staff has held a
pre- construction conference with the contractor on the 1984
Street Improvement Program, and the work order has been
issued effective July 2.
Drainage - A project is underway on Danubina, and the
work is 45% complete.
Water consumption - Residents of Baytown are using a
great amount of water. Usage has exceeded 10,000,000 gallons a
day for several days, and one day usage was almost 11,000,000
gallons.
Questions and Comments from Council
Letter of authority from Sizzler - The administration
has contacted the individual who can provide a letter author-
izing the city to police the vacant lot behind the old Sizzler
Restaurant.
Sam's Place Del Norte - One of the applicants has in-
dicated that the alcohoic beverage application for Sam's
Place Del Norte has been withdrawn.
Spillage from vehicles - Councilman Simmons requested
that the administration make an effort to collect from the
companies responsible for spillage on the city streets which
results in expense to the city to have city crews clean up
and the police department to secure the area.
Performance bonds - Councilman Simmons mentioned the
recent forgery of a performance bond and asked that the city
attorney pay particular attention to bonds provided the City
of Baytown.
Receive Annual Parks and Recreation Advisory Board Report
Council had been furnished with a copy of the Annual
Parks and Recreation Advisory Board Report. Wayne Gray,
Chairman of the board was present to answer any questions of
Council. He introduced the board members and mentioned
that the death of Mr. Ike Hall was a tremendous loss to the
community. He indicated that the board is very proud of the
quality of the parks and recreation program in the City of
Baytown which is a direct reflection on the quality parks
and recreation director and staff.
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Minutes of the Regular Meeting - June 28, 1984
Councilman Philips expressed his appreciation to the
board and stated that he looked forward to the day the City
of Baytown might have an Ike Hall Park.
Mayor Cannon commended the board on behalf of himself
and Council, as well as the staff and community for a job well
done.
Discuss Proposed Fire District for Area North of Bavtown
The city attorney explained that Article 235la -6 of the
Texas statutes provides for the creation of rural fire pre-
vention districts. It provides that citizens of an area
through a petition process can draw up boundaries of a
proposed rural fire prevention district, and after notice,
present it to the county commissioners court for approval.
If it appears upon hearing by the court that the organization
of a district, as prayed for, is feasible and practicable,
would benefit the land included therein, and would be con-
clusive to the public safety, welfare and convenience and
aid in the conservation of the real property or natural
resources within the district, the court will find and grant
the petition and fix the boundaries thereof. Otherwise,
they will deny the petition. Once the district is created,
it is considered a political subdivision of the state and
has the powers of other subdivisions, including contracting
with a city. One provision of the statute is that no fire
district may be created from an incorporated city, nor may
the district's boundaries include part or all of a municipality
unless the voters of the municipality approve it. If a city
such as Baytown annexes an area in a rural fire district,
the district must immediately disannex that area and no
longer provide services. The district may sell bonds to provide
for its needs and may assess a tax up to $ .03 per one
hundred dollars valuation.
Mr. Lanham stated that he had been told that the county
fire marshal's office has divided the county into districts
and assigned responsibilities to municipalities and volunteer
departments to serve areas outside cities. Baytown is
responsible for the area to the north up to Interstate 10.
Presently, the Highlands Fire Department services the area
north of Interstate 10 and is supported by the residents
paying $2.00 on their water bill. The current budget for
the Highlands Department is $60,000 a year. There are two
stations, five fire trucks and two ambulances in the depart-
ment. The maximum tax rate that can be levied under the act
to establish the fire district is $ .03. The estimate is that
$ .01 would generate $33,000, but that figure includes all
of the Gulf Oil Corporation Cedar Bayou Plant, including the
part that is within the city limits. Therefore, the district
could derive a total of $99,000 yearly.
A representative of the Baytown Professional Fire Fighters
Association expressed the associations concern over the pro-
posed formation of a rural fire prevention tax district.
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Minutes of the Regular Meeting - June 28, 1984
The fire fighters asked that the City of Baytown evaluate
the formation of the district to determine how it would
affect future city taxpayers. Also, the association suggested
that Council organize an investigative committee consisting
of commercial, industrial and residential property owners
from the area of the proposed tax district. The association
is concerned about the elected county commissioners approving
a petition that includes the Gulf Oil Corporation's Cedar
Bayou Plant. A portion of this facility is within the city
limits of Baytown. The Cedar Bayou Plant currently provides
its own fire protection and contracts with Baytown Ambulance
Service for ambulance service.
The membership of the association expressed concern of
how the proposed district will affect the City of Baytown's
annexation process. If the city annexed a portion of the
district that provided the greatest tax support to the dis-
trict, this would place a great financial burden on the
district. The Baytown Professional Fire Fighters Association
requested that the Baytown City Council approach the Harris
County Commissioners and ask that the proposed election for
the establishment of the rural fire prevention district be
postponed to allow time for the city to study the effects of
such a district on the high evaluated property outside the
city limits, and whether it would be more feasible for the
city to operate a separate fire prevention district to provide
protection to those areas.
In response to inquiry from Council, the city attorney
explained that the process entails that the citizens of the
area petition commissioners court for approval to form a
rural fire prevention district. Once the court approves
formation of the district, then the court must call an election
to confirm the creation and approve levying a tax to support
the district. The court could approve the creation of the
district and then have the voters defeat the proposal. The
city attorney felt that the Council should express its views
as to the creation of the district when it is being heard by
commissioners court. After the district is formed, the city
may contract with the district to provide the service, but
the city would have no authority to require that the district
contract with the city for that service.
Mayor Cannon, after some discussion of Council, stated
that he would encourage the people who reside in the area
where the district is to be formed to get involved and find
out where the service is to come from.
Council concurred that at this point in time, Baytown
should not become involved in the process of establishing
the rural fire prevention district save for the Gulf Oil
issue which is the next item on the agenda.
Mr. Lanham added that he had received a call from Hugh
Wood, and Mr. Wood is opposed to the formation of the district.
40628 -7
Minutes of the Regular Meeting - June 28, 1984
Consider Proposed Resolution No. 881, Expressing Support
of Gulf Oil Corporation's Request for Exemption from
Fire District
L. A. Lucchesi, representative of Gulf Oil Products
Company and manager of the Gulf Cedar Bayou Plant, appeared
before Council to request Council's support of Resolution No.
881. A copy of Mr. Lucchesi's presentation is attached to
the minutes as Attachment "A."
Councilman Philips moved to adopt the proposed resolution
and to forward a cover letter signed by Mayor Cannon indicating
that in addition, the City Council feels so strongly about
the resolution that if Gulf Oil Corporation's Cedar Bayou
Plant is to be included as part of Rural Fire Prevention
District No. 14, the City of Baytown would oppose its formation.
The resolution and letter are to be forwarded to Commissioners
Court to be included as part of the hearing to be held on
July 10 at 1:30 p.m.; Councilman Fuller seconded the motion.
The vote follows:
Ayes: Council members Philips, Fuller and Dickens
Mayor Cannon
Nays: None
Abstained: Councilman Simmons
RESOLUTION NO. 881
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN URGING
THE COMMISSIONERS COURT OF HARRIS COUNTY TO DELETE THE GULF
OIL PRODUCTS COMPANY PLANT FROM THE PROPOSED RURAL FIRE
PROTECTION DISTRICT NO. 14.
Frank Angel Will Appear
Frank Angel, owner of Galley by the Bay and Bayland
Marina, appeared to request a variance to the building code
which provides for the construction of a ramp to provide
access for the handicapped.
Council had a lenghty discussion regarding various
possibilities that would allow Mr. Angel to comply with the
handicapped regulations, but would be in violation of the
flood hazard regulations.
Councilman Simmons moved to grant the variance to the
handicapped provisions due to the unusual situation; Council-
man Dickens seconded the motion.
The city attorney explained that he had a problem with
any variance to the handicapped provisions since federal
regulations prohibit discrimination against the handicapped.
A variance to Mr. Angel would not only put Council in a
questionable situation, but Mr. Angel as well.
The city manager suggested that Council might want to
have an item put on the next agenda to allow the city attorney
time to research the matter more fully.
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Minutes of the Regular Meeting - June 28, 1984
Councilman Philips moved to table the item. The motion
died for lack of second.
Councilman Simmons stated that he would withdraw the
motion if Council would schedule a special meeting to consider
this matter on Monday. The city attorney had reminded Council
that the item on the agenda would not allow any action to be
taken at this meeting. Council scheduled a special meeting
for Monday, July 2 at 5:00 p.m. Councilman Simmons withdrew
the motion.
Roxanne Gillum Will Appear
Prior to Ms. Gillum's appearance, Randy Strong, City
Attorney, advised everyone in attendance that since a lawsuit
was pending against the City of Baytown to which Ms. Gillum
is a party, City Council would make no comments concerning
Brownwood.
Ms. Gillum stated her opposition to the proposed removal
of the police guard at the entrance to Brownwood on July 2.
The city attorney advised Ms. Gillum that the former
residents of Brownwood had been given ample time to remove
anything of value from the area. The police department will
patrol this area just as they do other areas of the city.
Ms. Gillum was curious when the city would be working on
clearing debris from the area.
Mr. Lanham responded that the staff would be meeting with
FEMA in the next few days to work out details of cleanup.
The city attorney also cautioned Ms. Gillum that the
ordinance declaring Brownwood a hazard area does prohibit
occupancy.
Jean Shepherd Recognized
Jean Shepherd, 6202 Bayway Drive, President of the Brownwood
Civic Association, requested that the police department request
identification of those in the area when patrolling. The chief
of police said that the officers would ask for identification
of any suspicious individuals. He also requested that the
owners of property in that area be patient with the police
department if identification is requested of them.
Ms. Shepherd inquired if perhaps signs could be posted at
the entrance to the subdivision which would state, "Enter
Area at Your Own Risk." She asked if perhaps this might help
both the city and the owners of property in the area with
liability. The city attorney will look into that question.
Ms. Shepherd also mentioned that there is a large hole in ..
the middle of Mapleton.
Recess
Mayor Cannon called a ten- minutes recess. When the open
meeting reconvened, the following business was transacted:
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Minutes of the Regular Meeting - June 28, 1984
Consider Proposed Ordinance, Setting Time and Place for
Public Hearings on Proposed Annexation of Cedar Trace
Apartment Complex and /or Adjacent Property
Due to an error in the field notes, it is necessary to
reschedule the public hearings on annexation of Cedar
Trace Apartment Complex and /or adjacent property. The
administration recommended adoption of the ordinance.
Councilman Dickens moved for adoption of the ordinance
scheduling hearings for 7:00 and 7:15 p.m. on July 12 in
the Council Chamber. Councilman Philips seconded the motion.
The vote follows:
Ayes: Council members Philips, Simmons, Fuller and
Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3887
AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR THE PUBLIC
HEARINGS ON THE PROPOSED ANNEXATION OF CEDAR TRACE APARTMENT
COMPLEX AND ADJOINING PROPERTY; DIRECTING THE PREPARATION
OF A SERVICE PLAN; AUTHORIZING AND DIRECTING THE CITY CLERK
TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Regulating Visual Obstructions
at Corners
The proposed ordinance provides that an owner or
occupant of any premise commits an offense if he intentionally
or knowingly builds, constructs, places, keeps, allows,
permits or maintains any object, structure, building, tree,
plant, vegetation or fence so as to obstruct or interfere
with the view of a driver of a motor vehicle at the point
of approaching, merging, emerging or intersecting traffic
from any street or driveway with another street, or so as
to prevent any traveler on any street or driveway from
obtaining a clear view of approaching vehicles for a distance
of 250 feet along the street. Buildings presently in
existence are grandfathered under the provisions of the
ordinance; however, shrubbery, fences or temporary structures
are not. The administration recommended approval of the
ordinance.
Councilman Philips moved for adoption of the ordinance;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Fuller and
Dickens
Mayor Cannon
Nays: None
40628 -10
Minutes of the Regular Meeting - June 28, 1984
ORDINANCE NO. 3888
AN ORDINANCE AMENDING CHAPTER 171 "MISCELLANEOUS PROVISIONS
AND OFFENSES," TO PROHIBIT BLOCKING THE VIEW OF VEHICULAR
TRAFFIC; REPEALING INCONSISTENT ORDINANCES; CONTAINING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF $200.00 FOR EACH
OFFENSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
Consider Proposed Ordinance, Amending Kennel Regulations
In accordance with Council instructions at the last
Council meeting, the legal staff has drafted an ordinance
to make it an affirmative defense to the prosecution of any
violation of any requirement or regulation of the kennel
ordinance if:
1. all dogs kept or maintained at a kennel are owned
by the person owning such kennel and have been
owned continuously by the kennel owner since a
date prior to January 12, 1984, and
2. the kennel owner resides at the location of the
kennel and has continuously resided at such location
since a date prior to January 12, 1984, and
3. none of the animals are being kept for purposes of
sale to another party.
The administration recommended approval of the ordinance.
Councilman Dickens moved for adoption of the ordinance;
Councilman Simmons seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Fuller and
Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3889
AN ORDINANCE AMEENDING CHAPTER 5, "ANIMALS," TO PROVIDE FOR
AN AFFIRMATIVE DEFENSE TO THE REQUIREMENTS FOR A KENNEL
LICENSE; REPEALING INCONSISTENT ORDINANCES; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance,%'Accepting Dedication of Property
from M. C. (Buddy) Bray
The proposed ordinance will accept the dedication of
property from M. C. (Buddy) Bray. This is a five -acre tract
located on Goose Creek Stream between Park Street and Decker
Drive. Access to the property is provided in separate in-
strument because at one time the land was owned by one in-
dividual, but when part of the tract changed hands, there was
an agreement that access would be provided. It is up to the
owner of the other parcel, where that right of way will be granted.
40628 -11
Minutes of the Regular Meeting - June 28, 1984
The Parks and Recreation Board has reviewed the proposed
dedication and recommends acceptance. The board has a
policy of obtaining park land along Goose Creek whenever
the opportunity avails itself. The administration
recommended approval of the ordinance.
Councilman Fuller moved to adopt the ordinance; Council-
man Dickens seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Fuller and
Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3890
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
ACCEPTING THE DEDICATION OF PROPERTY BY M. C. BRAY; DIRECTING
THE CITY CLERK TO FILE DEDICATION WITH THE COUNTY CLERK OF
HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Consider Proposed Ordinance, Suspending HL &P Rates and
Providing for Interim Rates
Houston Lighting and Power Company filed for a rate in-
crease on June 15, 1984. According to Public Utilities
Commission Regulatory Act, the city has 90 days to take
action or with no action, the rates become effective July
20. The proposed ordinance will suspend the rates for the
90 days and during that period the legal staff will have an
opportunity to look at the rate ordinance and come back to
Council to determine if Council desires to hold a hearing.
The company states that they have a $288,000,000 revenue
deficiency which would result in a 7.4% increase if that
much is granted. In the proposal, the summer /winter
deferential will be eliminated.
This same rate filing package has been filed with the
Public Utilities Commission; however, the filing with
Baytown will only effect rates in Baytown. For areas outside
municipalities, the PUC has original jurisdiction and will
hold a rate hearing on the same issues for the customers
outside the municipalities. One of the changes this year
is that the commission has a longer period to act on their
case, than cities do on theirs. Therefore, it is conceivable
that the city will have made a decision before the commission
holds a hearing. For this reason, the city attorney felt that
the city could not afford to wait until after the commission
acts to see what they recommend. The city attorney stated
further that unless Council wants to allow the proposed rates
to take effect, then it is necessary to adopt the ordinance
suspending the rates.
Councilman Philips pointed out that the 7.4% increase
is based on a one and one -half year period or about 5% per
annum. At this level, this is not out of line or exorbitant.
Council would have to go into a very in depth study to
determine if the increase should be 7.1% or 7.4 %.
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Minutes of the Regular Meeting - June 28, 1984
Councilman Dickens stated that he did not-know-if 5%
annualize would be enough increase to go into a rat hearing.
Councilman Philips added that the city doesn't have the
resources to hold a hearing.
Mr. Lanham reiterated that the question of whether a
hearing is to be held can be determined at a later time;
however, in order to be able to make that determination,
it is necessary that the ordinance suspending the rates and
adopting interim rates be adopted or the proposed rates will
become effective on July 20.
Councilman Simmons moved for adoption of the ordinance;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, and Fuller
Mayor Cannon
Nays: Councilman Dickens
ORDINANCE NO. 3891
AN ORDINANCE SUSPENDING HOUSTON LIGHTING & POWER COMPANY'S
PROPOSED INCREASE IN RATES FOR 90 DAYS AND MAKING CERTAIN
FINDINGS AND PROVISIONS.
Councilman Philips urged the administration to report
back to Council in advance of the 90 day deadline.
In the past the City has suspended the rates and parti-
cipated in the rural rate case before the PUC where as a
practical matter the decision on the requested rate increase
has been made. With this in mind, the city attorney's plan
is to intervene in the rural rate case before the PUC. The
process in the past has been that the City of Baytown has
worked with the City of Houston and other cities to hire rate
experts to present testimony. Two years ago, the City of
Houston had established its own staff to handle rate cases,
and the City of Baytown used Houston's staff. The city
attorney has had some talks with the city attorney's office
for the City of Houston, and it appears that they will be
handling this case in the same fashion. Unless the City of
Baytown wants to go to the expense of hiring its own rate
experts, all Baytown can do, if we want to participate, is
rely on the City of Houston's expertise. The city attorney
will come back to City Council at a later date to give Council
more specific advise on how Council may want to proceed with
the request for rate increase. In the meantime, he requested
that Council be thinking about how active Baytown should
be in the rate case this year. Another change from last year
is that there is now a state attorney under the Attorney
General assigned to represent the customers in these rate
cases. The city attorney will report back to Council.
40628 -13
Minutes of the Regular Meeting - June 28, 1984
Consider Proposed Resolution No. 882, Authorizing the
Administration to Apply for Funds Under Emergency
Veteran's Job Training Act of 1983 -- Public Law 98 -77
The Emergency Veteran's Job Training Act of 1983 -- Public
Law 98 -77 establishes a program through which Viet Nam and
Korean veterans may receive meaningful job training. The
training should be in technical occupations where there is a
demand for workers. The city must certify its intention to
hire the veteran upon completion of the training given and an
available position. The training may be from six but no more
than fifteen months. The veterans administration will reimburse
the city fifty (50 %) of the trainees base salary up to a
maximum of $10,000. This type of training program would be
applicable to many of the city's job classifications. The
administration recommended approval of the resolution.
Councilman Philips moved for adoption of the resolution;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Fuller and
Dickens
Mayor Cannon
Nays: None
RESOLUTION NO. 882
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING THE PERSONNEL DIRECTOR TO MAKE APPLICATION FOR
PARTICIPATION IN THE VETERAN'S JOB TRAINING PROGRAM; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Request of Developers of Forest Bend Subdivision
to Connect to Water and Sewer Service at the South End
of Timber Ridge Subdivision
Forest Bend Subdivision is to be located south of
Lynchburg Cedar Bayou Road, north of Massey Tompkins and
south of Timber Ridge Subdivision. The City of Baytown pro-
vides water and sewer service to Timber Ridge Subdivision.
The proposed subdivision will contain ten lots located on
five acres. There is adequate capacity in the sewer lines
of Timber Ridge Subdivision, as well as in the well that
serves the subdivision to serve the ten lots. Subdividers
have said that they will comply with the City of Baytown's
subdivision regulations that are applicable within the city's
Extra - territorial Jurisdiction. That includes curbed and
guttered streets. The administration recommended approval
of the request.
Councilman Dickens moved to grant the request of the
developers of Forest Bend Subdivision to connect to water
and sewer service at the south end of Timber Ridge Subdivision.
Councilman Philips seconded the motion.
40628 -14
Minutes of the Regular Meeting - June 28, 1984
The city engineer verified that the two inch sewer
line would be sufficient to handle the extra five acres since
there is a small lift station in the area, and the city
engineer will approve the plans prior to installation. The
city will collect from each property owner the rate charged
to customers outside the city limits. The developers will
pay $5,000 capital buy -in charges. The administration feels
that in the future the water well for that area can be
eliminated since this is the only well that the city is
operating on a full time basis. The vote follows:
Ayes: Council members Philips, Simmons, Fuller and
Dickens
Mayor Cannon
Nays: None
Consent Agenda
One item was bid after the agenda packets were forwarded,
Item g, and tabulation for that bid opening was placed at
each Council place. Only one bid was received for special
testing equipment that is necessary because of new state
regulations. Fischer Scientific bid $5,108.
In response to an inquiry from Council, pictures of
community development rehabilation projects will be made
available to Council at the next regular meeting. Also, the
home on Kingsway is owned by a widow who is unable to work.
The home and its owner do qualify for assistance under the
program.
Concerning Item h, Pacer Development Corporation is
requesting water and sewer service to a mobile home in order
to establish residency requirements to hold an election to
sell bonds for the district.
Councilman Philips commented that the plastic water
meter boxes are failing.
Council considered the Consent Agenda as follows:
a. Proposed ordinance No. 40628 -6, will award the
housing rehabilitation contract for project #83-
04-24 EJB (Emergency Jobs Bill) at 3903 Kingsway.
Five bids were received on this project. The low
bid of $3,100 was submitted by Uranus Palton.
Since Mr. Palton was the low bidder on all three
projects bid, at this time he selected the other
two projects. As you recall our rules specify
that a contractor receive only two projects per
bid opening.
Therefore, we recommend the second low bidder,
John Kidd be awarded this contract in the sum of
$3,450. This rehabilitation contract has been
reviewed by the Community Development Advisory
Committee and meets with their approval.
We recommend the second low bidder, John Kidd, be
awarded this contract.
40628 -15
Minutes of the Regular Meeting - June 28, 1984
b. Proposed Ordinance No. 40628 -7, will award the
housing rehabilitation contract for project #83-
04-25 EJB at 3040 Illinois. Five bids were received.
Uranus Palton submitted the low bid of $8,175.50.
This project has been reviewed by the Community
Development Advisory Committee and meets with
their approval.
We recommend this contract be awarded to the low
bidder, Uranus Palton.
c. Proposed Ordinance No. 40628 -8, will award the
housing rehabilitation contract for project 83 -03-
26 EJB at 1300 Elm. Five bids were received.
Uranus Palton submitted the low bid of $11,790.
The Community Development Advisory Committee has
reviewed this contract and is in agreement.
We recommend approval of Proposed Ordinance No.
40628 -8.
d. Proposed Ordinance No. 40628 -9, will authorize
final payment for the Community Development Block
Grant Street and Drainage Improvements to Oakwood
Street. The contractor, Angel Brothers Enter-
prises, has completed the street, drainage, water
improvements to Oakwood Street from Cypress to
Airhart. These improvements have been inspected
by the Engineering Dept. and are in accordance
with the plans and specifications.
The original contract amount was $59,354.25. One
change order was executed bringing the adjusted
contract to $57,779.25. The work performed to
date comes to $54,078.41 thus having an underrun
of $3,700.84. Angel Brothers Enterprises, Inc.
has been paid $45,079.57, leaving a balance due of
$8,998.84.
We recommend that final payment be made to Angel
Brothers Enterprises, in the amount of $8,998.84.
e. Proposed Ordinance No. 40628 -10, will award the
bid for the annual meter box contract. Bids were
mailed to 8 vendors and 3 bids were received.
Golden Triangle submitted the low bid of $11,196.29.
We recommend the low bidder, Golden Triangle, be
awarded this contract.
f. Proposed Ordinance No. 40628 -11, will award the
bid for the purchase of a tractor. Bids were
mailed to 4 vendors and 3 proposals were received.
Baytown Air Cooled Engine submitted the low bid of
$2,962. Council has budgeted $4,300 for this
purchase.
We recommend the low bidder, Baytown Air Cooled
Engine Co. be awarded this contract.
40628 -16
Minutes of the Regular Meeting - June 28, 1984
g. Proposed Ordinance No. 40628 -12, will award the
bid for testing equipment at the wastewater
treatment plant. These bids are due to be received
on Wednesday, June 27, 1984. We will have a
recommendation at the Council meeting.
h. Council is asked to consider a
Development Corp. for water and
a mobile home west of Garth Roa
Jacinto Mall. This mobile home
municipal utility district that
Pacer Development. Water and s
available in this area.
request of Pacer
sewer service for
d and south of San
is located in the
is being formed by
ewer service is
We recommend approval of this request.
Councilman Fuller moved for adoption of the Consent
Agenda, Items a through h; Councilman Philips seconded the
motion. The vote follows:
Ayes: Council members Philips, Simmons, Fuller and
Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3892
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT #83 -04 -24 TO JOHN KIDD FOR THE SUM
OF THREE THOUSAND FOUR HUNDRED FIFTY AND N01100 ($3,450.00)
DOLLARS. (Proposed Ordinance No. 40628 -6)
ORDINANCE NO. 3893
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT #83 -04 -25 TO URANUS PALTON FOR THE SUM
OF EIGHT THOUSAND ONE HUNDRED SEVENTY FIVE AND 50/100 ($8,175.50)
DOLLARS. (Proposed Ordinance No. 40628 -7)
ORDINANCE NO. 3894
AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT
REHABILITATION PROJECT #83 -03 -26 TO URANUS PALTON FOR THE
SUM OF ELEVEN THOUSAND SEVEN HUNDRED NINETY AND N01100
($11,790.00) DOLLARS. (Proposed Ordinance No. 40628 -8)
ORDINANCE NO. 3895
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO ANGEL BROTHERS INC.
FOR THE STREET, DRAINAGE AND WATER IMPROVEMENTS TO OAKWOOD
STREET; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed
Ordinance No. 40628 -9)
40628 -17
Minutes of the Regular Meeting - June 28, 1984
ORDINANCE NO. 3896
AN ORDINANCE ACCEPTING THE BID OF GOLDEN TRIANGLE FOR THE
ANNUAL METER BOX CONTRACT AND AUTHORIZING THE PAYMENT BY THE
CITY OF BAYTOWN OF THE SUM OF ELEVEN THOUSAND ONE HUNDRED
NINETY SIX AND 29/100 ($11,196.29) DOLLARS. (Proposed
Ordinance No. 40628 -10)
ORDINANCE NO. 3897
AN ORDINANCE ACCEPTING THE BID OF BAYTOWN AIR COOLED ENGINE
FOR THE PURCHASE OF A TRACTOR AND AUTHORIZING THE PAYMENT
BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND NINE
HUNDRED SIXTY TWO ($2,962.00) DOLLARS. (Proposed Ordinance
No. 40628 -11)
ORDINANCE NO. 3898
AN ORDINANCE ACCEPTING THE BID OF FISHER SCIENTIFIC FOR THE
PURCHASE OF A TECATOR DIGESTION SYSTEM AND DISTILLATION UNIT
AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE
SUM OF FIVE THOUSAND ONE HUNDRED FIVE AND N01100 ($5,105.00)
DOLLARS. (Proposed Ordinance No. 40628 -12)
For tabulation, see Attachments "B" through "E."
Consider Appointments to Baytown Cultural Arts Council
Council will make these appointments at a future meeting.
Consider Appointment to Baytown Parks and Recreation Advisory
Board
Mayor Cannon requested confirmation of the appointment
of Doug Shipley to the Baytown Parks and Recreation Advisory
Board to replace Quin McWhirter.
Councilman Philips moved to confirm the Mayor's appoint-
ment of Mr. Shipley; Councilman Simmons seconded the motion.
The vote follows:
Ayes: Council members Philips, Simmons, Fuller and
Dickens
Mayor Cannon
Nays: None
40628 -18
Minutes of the Regular Meeting - June 28, 1984
Consider Appointments to Mechanical Board
Councilman Philips moved to reappoint J. W. Ainsworth,
Licensed Air Conditioning Contractor; Elliott Dean, Registered
Professional Engineer and Jerome C. Simone, Citizens not in
the building business to the Baytown Mechanical Board; Council-
man Dickens seconded the motion. The vote follows:
Ayes: Council members Philips, Simmons, Fuller and
Dickens
Mayor Cannon
Nays: None
N
Consider Proposed Resolution No. 883, Appointing Alternate
to Serve as Representative to the Board of Directors and
General Assembly of the Houston - Galveston Area Council for 1984
Councilman Fuller moved to adopt Resolution No. 883,
appointing Councilman Philips as the alternate to serve as
representative to the Board of Directors and General Assembly
of the Houston - Galveston Area Council for 1984; Councilman
Simmons seconded the motion. The vote follows:
Ayes: Council members Simmons, Fuller and Dickens
Mayor Cannon
Nays: None
Abstained: Councilman Philips
RESOLUTION NO. 883
A REPRESENTATIVE APPOINTING FRED T. PHILIPS AS ALTERNATE
REPRESENTATIVE OF THE CITY OF BAYTOWN TO THE BOARD OF DIRECTORS
AND THE GENERAL ASSEMBLY OF THE HOUSTON - GALVESTON AREA COUNCIL
FOR THE YEAR 1984.
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, the Mayor announced that there would be no business
to be transacted as a result of the executive session.
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
Eileen P. Hall, City Clerk.
(p Attachment "A"
U. S. OPERATIONS F4
CEOAQ OArOV PLAN'
L. A. L0CChtli
/L. Mt
Mr. Fritz Lanham
City Manager
City of Baytown
P. 0. Box 242
Baytown, TX 77520
Dear Fritz:
June 19, 1984
P. O. Boa 509
BaytOwn. TX 77520
You asked for information on the scope of our fire protection capability
at Gulf's Cedar Bayou Plant, and for our views on the proposed establishment
• of Rural Fire Protection-District No. 14. We learned only recently that the
Highlands Volunteer Fire Department on January 23, 1984 petitioned the Harris
County Commissioners Court for creation of such a district. Its boundaries,
as shown on the attached map, would include the Cedar Bayou Plant.
Except for any possible adverse effect its creation might have on the City
of Baytown, with which Gulf's Cedar Bayou Plant has had a most amiable close -
neighbor relationship for more than two decades, Gulf has no objection to
creation of the proposed rural fire protection district per se. However, Gulf
is adamantly opposed to inclusion of the Cedar Bayou Plant in the proposed
district's boundary. While such an inclusion would impose a significant tax
burden on the plant (up to three cents per $100 property valuation), it would
provide no.meaningful fire protection for the plant nor its employees.
Our present fire protection capabilities at the Cedar Bayou Plant and
mutual aid arrangements with other fire protection entities are as follows:
- Gulf maintains a 40- member resident fire brigade at the plant,
with 10 members on shift duty at all times. All have advanced
firefighting training, as do 46 shift supervisors at the plant.
.In addition, all plant employees are thoroughly indoctrinated
in the principles of fire prevention and suppression, and all
periodically undergo classroom instruction and field training
which covers every phase of industrial firefighting.
- Gulf "spends between $600,000 and $700,000 annually for operating
and maintaining its extensive firefighting systems at Cedar Bayou
.and for continuing fire prevention training of employees.
- The Cedar Bayou Plant's fixed and mobile firefighting equipment
has an aggregate replacement value of approximately $5,000,000.
The Cedar Bayou Plant is a member of two mutual aid groups, the
Channel Industries Mutual Aid (CIMA) and Mutual Aid of Mont Belvieu
(MAMB). CIMA- -which includes industries, cooperating governmental
agencies such as the U.S. Coast Guard and Civil Defense, and
various municipal fire departments in the vicinity of the Houston
Ship Channel - -is the largest such mutual aid group in the United
Gulf
A 04V*S$0. OF GULF O.L C00604A740�
Mr. Fritz Lanham,
City of Baytown
Page 2
City Manager
States. Its membership is connected by an emergency radio network,
and mobile equipment worth about $10,000,000 is available for re-
sponse to emergency situations at any member's facility.
- Despite all the foregoing, I am happy to report that the Cedar Bayou
Plant in its 21 -year history has never utilized outside assistance
in a fire situation. In fact, during that time, only two fires of
any significance have occurred at the plant. Both were-extinguished
by Cedar Bayou Plant personnel using plant equipment.
.Finally, volunteer firefighters from Highlands and their equipment
could not effectively respond to any fire at the Cedar Bayou Plant
whose magnitude and character might dictate that specialized outside
assistance be called in. Even if the Highlands Fire Department did
respond, its members would be at personal peril because of their
limited familiarity with fighting industrial fires at a petrochemicals
plant. They were ineffective, for example, when a multi - million dollar
fire destroyed the Hi -Port Industries plant in Highlands last December.
The Highlands Star reported at the time that "Because of the size of
the blaze and the danger from explosion of volatile chemicals stored
there, firemen were unable to do more than control the blaze ".
It is apparent that a rural fire protection district operating out of High-
lands could provide no protection to the Cedar Bayou Plant, and that any tax
imposed on the plant to support the district would be unwarranted, if not outright
unjust.
The Cedar Bayou Plant pays in excess of $8,000,000 in city, county and school
district taxes annually, including $997,000 it paid to the City of Baytown in 1983
in property taxes and contract payments in lieu of taxes. When our agreement with
the City of Baytown was executed, it was recognized that Baytown would not be able
to furnish adequate fire protection to the Cedar Bayou Plant without incurring
substantial capital expenditures and annual operating costs to meet the Plant's
special fire protection needs. If the Plant is incorporated in the rural fire
protection district, some restructuring of our agreement with the City of Baytown
may become necessary. The proposed extension of the Plant into yet another taxing
authority raises serious concern as to the effect such multiplicity of taxes can
have on the economic viability of the facility.
I hope this information is helpful to you. Please contact me if I can pro-
vide more data.
S' cere yours,
L4L
L. A. Lucchesi
LAL:deh
Attachment
L E: community ueveiopment '
--- BID TABULATION
D: q34 Attachment "B"
TE. 6/12/84----
V11V00 I V IHL
LESS DISC.
NET IOTA L
nFI IVFRY
QTY
DESCRIPTION
quo f XUENUEL
UNIT
XTENDED
UNIT
EXTENDED
UNIT
-ENTER—DO-
UNIT
Xf' NID
-PRICE
PRICE
---PR1r,[
PRICE
PRICE
PRICE
„PRICE
dousing Rehabilitation Project
883 -04 -24
3,450.00
4,030.00
$3,100.00
4,500.00
5,150.00
3903 Kingsway
Housing Rehabilitation Project
10,205.00
883 -04 -25
9,925.00
11;770.00
8,175.00
3404 Illinois
Housing Rehabilitation Project
,883 -03 -26
25,290.00
110790.00
18,215.00
1300 Elm
V11V00 I V IHL
LESS DISC.
NET IOTA L
nFI IVFRY
v I
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• -I ITT
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to* "MI, w • t • / • .7�^ l ' • r • OIL
T I TL E. ANNUAL METER BOX CONTRACT
B10: #8405-68
DATE= 6-12 -84 2:00 P.M.
ITEM
QTY
UNIT
DESCRIPTION
ANNUAL METER BOX CO
er specifications.
CONCRETE COMPLETE
2
PLASTIC - COMPLETE
EKY:
Y POINT:
CITY OF BAYTOWN
BID TABULATION PACE 2
BROOKS PRODUCTS, INC. FORD METER BOX CO., INC. TYLER UTILITIES DIVISION UTILITY SUPPLY CO.
UNIT EXTENDED UNIT EERVFEN�DElili UNIT. EXTENDED UNIT EXTENDED rc PRIEF
PRIrc
NO RESPONSE NO RESPONSE
NO RESPONSE NO RESPONSE
� e
GROSS TOTAL
LESS D:S000NT I
H=T TOTAL
TERMS
DELIVERY
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a
TITLE. TEC ATOR DIGESTION SSYTEM &DISTILLATION UNIT
BID: 84nr, 71
DATE: JUNE 28, 1984 2:00 P.M.
ITEM QTY UNIT DESCRIPTION
TECATOR DIGESTION SYSTEM.&
DISTILLATION UNIT, per
e�
1
GROSS TOTAL
LESS DISCOUNT
NET TOTAL
TERMS
DELIVERY
CITY OF BAYTOWN
BID TABULATION
FISHER SCIENTIFIC CURTIN MATHESON
UNIT. EXTENDED UNIT EXTEN
15.105.00 �_ NO-BID
Attachment "E"
VWR SCIENTIFIC AMERICAN SCIENTIFIC
UNIT EXTENOED UNIT EXTEI
PRI
INO RESPONSE~ NO BIE
CITY OF BAYTOWN
TITLE.
TRACTOR
BID
TABULATION
Attachment "D"
BID:
8405 -67
-
DATE:
June 12 1984
2:00 P.M.
'
A ONAL W R p G
ExTENOED uHrt EXTENDED
22.28 S2,962.00 $2 962.00
CASE POWER
UNIT
2 .00
EQUIP.
EXTENDED
29.00,
CROSBY POWER EQUIP.
UNI ExTEN
NO RESPONSE
DESCRIPTION
TRACTOR per s ecifications.
JIM A
UNIT.
22.28
ITEM
1
QTY
1
UNIT
eac
WHEELHORSE C865
90 day
INGERSOL 226
12 months
-MODEL:
WARRANTY:
iHC 782
12 months
DELIVERY:
i0 days ARO
30 days ago
30 days-ARO
Bids were mailed to 4
vendors.
GROSS TOTAL
LESS DISCOUNT
NET TOTAL
TER, ?
DELI RY