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1984 09 13 CC Minutes40913 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 13, 1984
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, September 13, 1984, at 6:30
p.m. in the Council Chamber of the Baytown City Hall with
the following attendance:
Fred T. Philips
Jimmy Johnson
Perry M. Simmons
Ron Embry
Roy L. Fuller
Gerald Dickens
Allen Cannon
Fritz Lanham
Larry Patterson
Ron McLemore
Eileen P. Hall
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
Assistant City Attorney
City Clerk
The meeting was called to order with a quorum present.
The invocation was offered by Councilman Embry, afterwhich
the following business was transacted:
Consider Minutes for Regular Meeting Held August 23, 1984,
the Special Meeting Held August 30, and Executive Sessions
Held August 23 and 30, 1984
Philips moved for approval of the minutes for the regular
meeting held August 23, 1984, the special meeting held
August 30, and executive sessions held August 23 and 30, 1984;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members
Embry and Fuller
Mayor Cannon
Nays: None
Philips, Johnson, Simmons,
Abstained: Councilman Dickens
Receive Petitions
There were no petitions presented.
City Manager's Report
` At a recent Council meeting, Council received a petition
from a large number of citizens who reside in the vicinity
of North Commerce, West Hunnicutt and West Adoue regarding
problems in their neighborhood with regard to traffic and
commercial activities in the area. At that time the admin-
indicated that a report would be prepared and presented to
Council.
40913 -2
Minutes of the Regular Meeting - September 13, 1984
Larry Patterson, Assistant City Manager, reported that
the management of Tisdale's was very cooperative in working
to correct problems, but many of the problems in this area
result because of the close proximity of commercial enterprises
with residential areas. Many of the problems will have to
be addressed on an individual basis as they occur.
The business operating in the area does require some
painting activity. It is a side operation. Air filter system
has been installed, and according to the air quality control
people that system is adequate, but it should be operated
with the doors closed. This may not remove all of the odor
from the air which could be noticeable in the area at times.
Another complaint consisted of hazardous wastes being
dumped into the storm sewers. The Texas Department of Water
Resources had people out, along with the City of Baytown's
Health Department and Public Works Department to inspect,
but there was no evidence to substantiate that complaint.
There are containers of waste chemicals on the premises which
are industrial wastes, and are regulated by the Texas Depart-
ment of Water Resources. Tisdale's was instructed to obtain
a permit for the disposal of these wastes. The permit has
been applied for and when the permit is acquired, those
chemicals will be removed. These materials are of a caustic
nature.
At initial inspection, there appeared to be machinery
stored on city property. That machinery has been moved
back from the curb, and the company has indicated that it
will be stored further back in the future. The easement
will be marked better to assure that this problem will not
reoccur. Also, there had been a problem with blockage of
a fire plug. The curb has been marked.
The business does require that from time to time
machinery be hauled in and unloaded. This does not violate
any city ordinance. Tisdale's has indicated that they will
try to hold these periods to short durations when possible.
The parking along Commerce by the employees of Tisdale's
violates no city ordinance, nor poses any obstruction to
traffic.
Complaints dealing with noise, music and night work are
of the type that must be dealt with on an individual basis.
The procedure for addressing this problem is to call the
Police Department so that an officer can -be dispatched to
monitor the sounds and to take whatever action is appropriate
at that point.
In regard to "through trucks" on West Hunnicutt and
West Adoue, as long as these trucks are making deliveries,
or are in the process of picking up supplies from Tisdale's,
there is no violation of city ordinance.
In closing, Mr. Patterson stated that he felt that most
of the problems have been addressed and corrected. Some
problems will have to be addressed as they occur.
40913 -3
Minutes of the Regular Meeting - September 13, 1984
Mr. Christian was present in the audience and verified
that the situation had improved tremendously.
1984 Street Improvement Program - For the most part,
Eleventh Street, Gertie, North Sixth, West Adoue, Clayton
and South Sixth are completed. Construction is underway
on West Hunnicutt, Largo, North Pruett, Knowlton and Beaumont.
No work has begun on Memorial nor the streets in the Lake-
wood /Wooster area. The contractor has indicated that the
asphalt crews will be working in September to complete all
the streets that are now prepared for surfacing.
Widening of Garth at Cedar Bayou Lynchburg - Asphalt
01�1 work and cleanup need to be done.
West Gulf /West Humble Community Development Project -
Angel Brothers has completed the work on the water line and
about 758 of the drainage work. The concrete pavement has
been poured on West Gulf except for the cul -de -sac and work
has begun on West Humble.
North Burnett /Roseland Lift Stations - Work is moving
ahead on both lift station projects. The project is about
658 complete and both stations should be in service by
October 1.
Drainage - Most of the drainage improvements approved
by Council for this fiscal year have been completed. The
major project that has not been done is the Greenwood area.
Right of way is needed there and that will be discussed later
in the meeting. Work has been completed on Loop 201 near
Mabry. Clayton Street and North Street work has been com-
pleted.
Councilman Philips commented that whatever work was
done in the 201 /Mabry area, there is a bottleneck because
there is about one foot of water standing in the ditch.
Consider Request of The Brienwolf Corporation to Place
Three Planters on City -Owned Property
The Brienwolf Corporation, the developer of the Willow -
creek Shopping Center, has requested to place three planters
in the city right of way in front of the shopping center.
Brienwolf Corporation indicates a desire to make the property
both safer and more enjoyable. The ditch in front of the
center has been filled in and the area seeded with grass to
enhance the appearance of the shopping center. Addition of
the planters would be another improvement to the appearance
of the center.
The administration recommended approval of the request
conditioned upon two things: (1) Brienwolf Corporation
indemnifying the city against all liability or loss incurred
o by the city resulting from location of the planters; and (2)
Brienwolf Corporation agreeing to remove the planters should
they become a hazard or obstruction.
40913 -4
Minutes of the Regular Meeting - September 13, 1984
Councilman Fuller felt that developers should consider
controlled parking and esthetics prior to development. He
felt that the developer should not expect to develop then
begin a program of enhancement and expect to use city
property for that purpose.
Councilman Johnson stated that he agreed with Council-
man Fuller, but under the circumstances he felt that since
Council had authorized placement of planters before and
since the planters will not take up that much of the city's
property, he moved to approve the request of The Brienwolf
Corporation with the stipulation that the following conditions
of acceptance be met:
(1) Brienwolf Corporation indemnifies the city against
all liability or loss incurred by the city re-
sulting from location of the planters.
(2) Brienwolf Corporation agrees to remove the planters
should they become a hazard or obstruction.
(3) Brienwolf Corporation will be totally responsible
for watering of the plants and maintenance.
Councilman Philips seconded the motion.
Councilman Fuller said that he would support the motion
because he felt that this is better than nothing; however,
he felt that this may be a precedent setting thing that he
would like to discourage.
Mr. Lanham pointed out that there is a slight difference
in this situation since there is no curb and gutter at this
location.
Councilman Simmons pointed out that originally the area
was open ditch and since the city did get rid of a bad safety
hazard, the company wants to beautify the area. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
Hold Public Hearing at 7:00 p.m. on Revenue Sharing Budget
for 1984/85
Mayor Cannon called to order the public hearing con-
cerning the expenditure of Revenue Sharing Funds for 1984 -85.
He informed those present that anyone desiring to speak
should sign the register provided in the hallway since that
would decide the speaking order. After allowing time for
registration, Mayor Cannon explained that the hearing was
for the purpose of receiving public input with regard to the
proposed 1984 -85 Revenue Sharing Budget. He encouraged each
speaker to be brief and mentioned that the proceeding was
not one of an adversary nature. He mentioned that questions
40913 -5
Minutes of the Regular Meeting - September 13, 1984
should be directed to him and with the help of staff mem-
bers, an attempt would be made to answer each question.
Mayor Cannon called on Fritz Lanham, City Manager, to
summarize the proposed Revenue Sharing Budget.
Mr. Lanham stated that the total amount of expected
revenue sharing funds is $712,845; $678,277 from the 1984/85
allocation and $34,568 from unappropriated surplus. The
recommendations for expenditure of revenue sharing funds for
1984/85 follow:
1. Baytown's Land Management and Use Plan
for the Brownwood Subdivision $481,000
2. Reroofing of the Community Building 60,000
3.
Sterling Municipal Library
40,000
4.
Senior Citizen's Taxi Program
14,000
5.
Economic Development
10,000
6.
Cultural Arts Council
3,000
7.
Sesquicentennial Commission
11000
8.
Financial Administration
2,059
9.
Emergency Corps
2,600
10.
Baytown Senior Citizens Nutrition Center
27,000
11.
Retired Senior Volunteer Program
3,186
12.
Baytown Area Women's Center
21,000
13.
Bayshore Community Development
16,000
14.
Bay Area Heritage Society
16,000
15.
Palmer Drug Abuse Program
160000
A copy of the memorandum which fully explains what the
proposed budgeted funds will be utilized for is attached to
the minutes as Attachment "A."
Mr. Lanham concluded that since the administration is
not intimately knowlegeable about all of these activities
guides that were used in making a decision with regard to
contract services included the fact that as much money as
possible needed to be available for the Brownwood Land
Management and Use Plan and the fact that the organizations
making requests for funding probably should operate under
the same sort of restraints that the city is having to operate
under.
In response to an inquiry from Council, Mr. Lanham stated
that Bayshore Community Development, Inc. had requested
$30,000, but the administration is recommending an allocation
of $16,000 which is an increase over the allocation of $15,000
for 1983/84.
40913 -6
Minutes of the Regular Meeting - September 13, 1984
Mayor Cannon began to recognize those who had registered
to speak. W. C. Smith, President of Bay Area Heritage
Society, thanked Council for the support given in prior
years. He stated that the Bay Area Heritage Society sponsors
several projects, as well as offering a variety of services
to the community. The group's most important project is
the Baytown Historical Museum which is housed in the former
Exxon Credit Union Building on Market Street. Last year,
more than 2,000 registered as visitors at the museum,
excluding numerous public school students with their classes,
cub scouts, brownies and day care centers. This past summer
the heritage society conducted a training program on local
history for 50 teachers. Evaluation of this activity by
the teachers was extremely high. During the past year, the
museum has received requests for help with research on local
topics and has assisted over 140 local school children with
their projects. The museum opened its doors after hours to
assist the students. The museum provides a speaker's bureau
and sponsors lecture series and field trips on local topics.
Two new projects have been undertaken in connection with
the Texas Sesquicentennial. The heritage society working
with the local Sesquicentennial Committee has a contract with
Dr. Margaret Henson, a professional historian, to write the
history of Baytown. The second project is the restoration
of the Wooster one room building. The school was built in
1894 near Scotts Bay by our forefathers who wanted a place
for their children to attend school. To guide this project,
the society has secured the help of Michael Diamond who is a
reconstruction architect. Mr. Smith stated that the society
is requesting more money than usual in order that the roof
at the museum may be replaced and to offset the high utility
costs. The museum must be air conditioned continuously to
protect the artifacts and books from the humidity of this
area. Mr. Smith thanked Council for its attention. Council
had no questions;bf'Mr. Smith.
Ed Church, representative of the Palmer Drug Abuse Program,
introduced a counselor with the program and mentioned that
this counselor was carrying an extra burden because the other
counselor is out on maternity leave. He emphasized that revenue
sharing is a very vital part of the program's continued
service at this time. The program has been averaging about
23 young people and 13 parents per week. Also, there has been
a steady counseling schedule with 15 young people and 6
parents per week coming in for formal counseling with regard
to drugs and alcohol addiction. Normally, there is a drop off
in August, but this August there was more than 20% increase
in counseling appointments. Starting September 1, a counselor
in training will be available until the full time counselor
returns. However, if the work load runs that much heavier
than last spring, the program will need to keep this extra
counselor if possible. In the first half of 1984, 17 young
people received the 30 -day Fist. This is an award that is
given for staying sober for 30 days. Historically, about
two- thirds of those who get the 30 -day Fist go on to live
productive lives. If one takes into account only those who
reach the 30 -day mark, the cost per person is $1,000, but if
you consider the two - thirds figure then the figure is $1,500
and does not include the other meetings and services provided.
40913 -7
Minutes of the Regular Meeting - September 13, 1984
Five to eight years ago, psychological evaluation per child
cost from $12,000 to $16,000. Therefore, Mr. Church felt
that the service being provided by PDAP is not only a very
needed service, but a very economical one. Finances for
PDAP have improved since acquiring revenue sharing funds.
Utility bills,are,being paid on time and the bills to PDAP
central are being paid on time as well. Currently, the
local PDAP program has slightly over a 30 -day supply of
cash in its checking account. That is not a great amount
of money for an organization such as this. The thing that
concerns Mr. Church is that thus far through this year,
PDAP has received all of the major contributions that are
expected for this calendar year. What is left is what will
be received from fund raisers and in small contributions.
The local program could be in severe straits by-=the end
of the year. Therefore, Mr. Church urge Council to grant
PDAP the full $18000 that had been requested.
In response to Council inquiry, Mr. Church mentioned
that PDAP central pays counselors, insurance and other
employee benefits, but the local chapter must reimburse
PDAP central for these expenditures. He also pointed out
that the counselors receive a minimal wage of $10,000 to
$12,000 a year. The budgeted amount for next year for
counselor's salaries, taxes, insurance and benefits is
$27,000. This includes a nominal raise for the two counselors.
The entire budget for PDAP is $35,000 and the request is for
$18,000 in revenue sharing. The program will receive $5,000
from United Way next year.
David Kadjar, representative of the Baytown Library
Advisory Board, stated that each year Sterling Municipal
Library experiences increased usage and this year there
has been a 13% increase. The board requested that Council
support the recommended allocation of $40,000 for materials.
This money would bring the library's materials budget up to
the 1982/83 level. The demands of the citizens of Baytown
on the library are many and varied and these added materials
will help Sterling Municipal Library achieve an acceptable
service level. Mr. Kadjar thanked Council for the past
support of Council for Sterling Municipal Library.
Randy Bransom introduced the new Executive Director
of the Baytown Area Women's Center, Rebecca Jasso who
addressed Council. Ms. Jasso asked Council to consider
the request made for additional funds. The women's center
is going into its third year of providing services to the
Baytown area. Each year services are increasing. A good
deal of that has to do with the public education programs
and this is one of the things that the center hopes to
concentrate more and more on. The basic services provided
by the center are a hotline and shelter program for battered
women and their children. Since January, 1984, 118 families
have been housed. Over the course of three years, 1,000
individuals have been housed. That is a very good record
for a shelter of the Baytown Area Women's Center's size.
A maximum of 25 people may be sheltered at a time. Calls on
the 24 -hour hotline have continually increased. Last month,
there were 150 calls for service. One of the increases seen
came about primarily after two new people were hired to help
40913 -8
Minutes of the Regular Meeting - September 13, 1984
with resident service and freed the director's time for doing
more public education. In addition to hiring a new director,
the program has purchased a facility and a building fund
drive is in process. There has been a problem with fire and
the shelter is attempting to recover from the loss of the
storage facility. Pacer Development has donated storage space
and the center is collecting donations again. Ms. Jasso
stated that the center is very proud to be part of the caring
community that is Baytown.
In response to an inquiry from Council, Ms. Jasso stated
that out of the total percentage of individuals who received
help from the center, approximately 35% reside in Baytown and
25% of the remainder have elected to reside in Baytown after
leaving the center. About one -half the services go to
people who reside in the immediate Baytown area -- LaPorte,
Highlands, Crosby, Deer Park, etc. There are only four
shelters in what is considered the Houston Metropolitan area.
The funding received from the Department of Human Resources
helps to cover a large portion of the cost and part of the
Department of Human Resources contract requires that service
is provided to any Texas resident that needs it. The Depart-
ment of Human Resources allocates a fixed amount to the
shelter and this year the shelter will be receiving about
a 10% increase.
The total budget for 1985 is $182,000. The funding for
that does include some funds from the City of Mont Belvieu
and other cities are being approached to negotiate some
funds for the program. The program is a 28 -day program and
the shelter staff apprises the residents of what their options
are and the names of other community agencies that provide
assistance. Presently, the shelter does not provide cash
assistance to the resident upon relocation, but this would
be a good program if it could be funded. In order to relocate,
utility deposits, apartment deposits, etc. must be made.
Many times women are unable to relocate due to lack of funds.
The contract from the Department of Human Resources has been
increased from $54,000 to $61,000. Council had no further
questions of Ms. Jasso.
Mayor Cannon said that the Bayshore Community Development
service is commissioned to provide a transportation service
for the cities of Baytown, LaPorte, Morgans Point, Linus,
Seabrook and Lomax. Mayor Cannon stated that he would like
to see a breakdown on the number of people who are being
helped from Baytown versus outlying areas. Mr. Lanham
responded that a complete copy of the information that
Bayshore Community Development had provided would be made
for Council; however, that information does not include
the number of persons being transported in Baytown versus
other areas. Therefore, the administration will request
that information be provided.
Council expressed concern with the part of the program
dealing with voter registration and was curious exactly
what service in that regard was being provided.
The Revenue Sharing Budget will be considered on Septem-
ber 27 Council meeting, along with the City of Baytown Budget.
Since there were no further comments, the Mayor closed
the public hearing.
ia
40913 -9
Minutes of the Regular Meeting - September 13, 1984
Hold Public Hearing at 7:30 p.m. Concerning a Proposed Rate
Increase by Houston Lighting and Power Company
Mayor Cannon called the public hearing to order and
reminded those present who desired to testify at the hearing
that they must register to do so. He explained that after
representatives of Houston Lighting and Power Company and
the City of Baytown made their presentations, the registry
would provide the speaking order.
Mayor Cannon explained that everyone desiring to present
information at the hearing would be given ample opportunity
to do so, but he encouraged each speaker to be as brief and
to the point as possible.
Houston Lighting and Power has requested a rate increase
that will result in a system -wide revenue increase of
approximately 288.5 million dollars. The City of Baytown
has jurisdiction over utility rates within its city limits,
and the reason for the hearing is for the purpose of providing
to City Council the information and evidence necessary to
determine the rates Houston Lighting and Power should charge.
After hearing from Houston Lighting and Power and the city's
consultants, the Council will welcome any additional testi-
mony anyone may want to offer concerning this requested rate
increase. Mayor Cannon administered the oath to Mr. Schaefer
and allowed him to address Council.
Jim Schaefer, District Manager with Houston Lighting
and Power Company in Baytown, made the following statements:
"In June, 1984, Houston Lighting and Power Company filed
with the City of Baytown, with the Public utilities Commission,
with all the cities that have original jurisdiction and with
all the incorporated cities in HL &P's service area a request
to increase base rates by $228,000,000. That proposed in-
crease represented approximately ten (10 %) percent increase
over existing residential rates which is comparable to the
rate of inflation in a two -year period since the last rate
request. During this time in spite of the down turn in the
economy, the area of population continued to grow. Between
1980 and 1983, we have experienced an additional influx of
approximately 290,000 people to the service area. The
company expects this trend to continue. In order to serve
the new customers that we have, we have constructed and
placed into service over $500,000,000 of new electric plant
facilities, none of which is presently included in the price
of electricity. Through careful planning and management, we
have been able to meet the needs of new customers and will
continue to serve the additional load as it develops in our
area. Demand forecasts indicate that we expect our average
annual growth to be approximately 3h% for the remainder of
this decade. In order to support this growth, we are pursuing
a number of different options based on cost and reliability
considerations. For example, since our last rate increase,
we have spent $1,000,000,000 on construction of new
facilities which is still in progress. We have implemented
demand side options such as conservation and load management
which have resulted in more efficient energy usage and we
have recently purchased 225,000 kilowatt hours of FERMCO
generated electric power. Our company continues to success-
fully meet the many challenges associated with supplying
the electric needs of the Houston /Gulf Coast area. I'd like
to highlight several of these items to emphasize that HL &P
40913 -10
Minutes of the Regular Meeting - September 13, 1984
as a financially healthy company has been able to meet these
changing challenges and successfully continues to provide
high level service to its customers.
Just one year ago, our company demonstrated the competence,
dedication and determination of our employees under the most
trying circumstances. Hurricane Alicia struck our service
area and in its wake left the most destruction ever caused
on an electric utility company in the United States. Per-
formance during this catastrophe resulted in our receiving
in June this past year the Edison Award which is the highest
honor that can be bestowed upon an electric utility in our
nation. HL &P was selected from among all the nation's
investor -owned utility companies for the first time in our
104 year history that we have ever received that award.
We are sure that the future holds many challenges such as
these, and we will continue to meet them as we strive to
meet the growing needs of our service area. Secondly, like
virtually every other major utility company that has under-
taken a major nuclear program, we've had our share of diffi-
culties. However, there are reasons to believe that we're
optimistic about the progress of our South Texas Nuclear
Project, Currently, Unit No. 1 is more than 60.78 complete;
Unit No. 2 is slightly over 358 complete, and the total
project is 548 complete, while slightly below the budget
estimate. The current schedule and budget has now been in
place for the past two years. We believe when Bectal com-
pletes its annual reforecast at the end of December, it will
again confirm the validity of those estimates. The experience
over the last two years supports confidence that the team of
HL &P, Bectal and Ebasco is confident to meet and overcome
those obstacles.
Co- generation has become a very large item in our service
area and much has been written and said about the potential
for co- generation in the Houston area. our company is
currently the largest user of co- generated power, and co-
generation provides approximately 108 of the power currently
being used in our area. We also expect substantial additional
co- generation development during the balance of this decade,
and we plan to take advantage of reliable co- generation when-
ever it satisfies a need and will benefit customers. Since
the majority of co- generation now being developed is dependent
on natural gas as a fuel, you can't really depend upon this
source of power to provide long reliability needed for a
modern growing area, meaning that currently natural gas
prices have been stable. They've been stable for the last
year and one -half, but we have been victimized along with
the customers over the last decade in a very rapid runup of
natural gas costs which we have been working toward diver-
sification in our fuel mix. When contractural arrangements
can be made which guarantee certain delivery standards for
co- generation, they will be used so that we can actually
avoid new plant construction.
In this rate filing package, we've proposed some very
significant changes in the residential service rate, and
we think that it will make the residential rates a bit more
equitable. Specifically, the proposal provides for a monthly
minimum bill for residential service of $9 which includes
250 kilowatt hours rather than the current $7 for 30 kilowatt
40913 -11
Minutes of the Regular Meeting - September 13, 1984
hours, followed by a flat 5.8 cent per kilowatt hour rate
thereafter. It has several unique features that have not
been in the rate before. First, the proposed rate design
would be lower in price for the lower usage customers. We
have an average of 137,000 customers on our system who can
be classified as low usage and would benefit from this rate
change. For customer usage above 1,000 kilowatt hours in
the winter time, the average price falls gradually for those
winter month customers. Currently, the dramatic increase
that customers see in the summer rate schedule after 751
kilowatt hours does not occur in these proposed rates. We
feel that the changes in this rate structure will be bene-
ficial to our customers and more closely track costs so that
customers will pay a fair share. Our goal is for each
customer to pay a fair share based on the costs to serve
them - -no more, no less.
I believe that the administration has a proposal before
them this evening based on the cities participation in the
coalition of cities. It is the rate design provided for the
Public Service Commission of the City of Houston. The
Public Utilities Commission will not actually begin public
hearing on this rate matter until September 24, and we anti-
cipate that those public hearings would take a period of 4
to 6, possibly 8 weeks. This action by Council tonight or
this evening is part of the overall rate making process as
it is now constitutued in the State of Texas, as we would
not anticipate that any rates would go into effect until
January, 1984." This concluded Mr. Schaefer's remarks.
Mr. Tex Dittman requested that any increase granted be
minimal.
In response to an inquiry from Council, Mr. Schaefer
said that there is a substantial investment in the use of
metal poles. In new developments, the developer has the
choice of underground services or poles; however, underground
service is really a combination because there are certain
backbone feeder lines that are overhead and must remain
overhead. Also, co- generation can lower costs to supply
electricity. However, several things must happen in a co-
generated system to make that viable. There must be some
long term commitment on the part of the co- generator to
provide a specific amount of electric service. If that co-
generator has the ability to drop out at will, the customers
have gained nothing. If that co- generator drops out and
HL &P has not provided the power necessary to cover that co-
generator, HL &P has not helped itself or the rate payers.
The contract that HL &P negotiated with Diamond Shamrock is
approximately 12% less than what HL &P would normally be able
to produce that power for. That 225 megawatts represents
about $1001000,000 savings to HL &P's customers over a ten
year period. With the amount of industry in the Houston
area, HL &P would anticipate that the co- generation option
would become viable and would be one of the things that
could very much aid both HL &P and the customers in providing
lower cost services. Mr. Schaefer cautioned Council to
continue to watch that as an issue. He used the telephone
system and the breakup of AT &T as an example. The breakup
was to provide the service at lesser costs, but this is not
what happened. Co- generation could be one of those areas.
40913 -12
Minutes of the Regular Meeting - September 13, 1984
HL &P feels that if the negotiations are made and if regula-
tions stay in place on co- generation, HL &P will be able to
purchase that at less than what HL &P would be able to pro-
duce the service for and that would be of great benefit to
HL &P customers. Also, that would provide the reliability
that HL &P feels needs to maintain the integrity of the
electric distribution system.
Councilman Embry stated that one of the things that
had impressed him in looking over the material was that his
concept of a utility was that the utility has a lower com-
ponent of risks in its operations and therefore, should be
content with a slightly lower rate of return. One of the
items of contention was whether the rate of return should be
17% or 16% on equity which sounds fairly high, even a return
of 12.4% on invested capital versus the company's request for
12.88 %. Why does HL &P need 12.88% guaranteed return?
Mr. Schaefer stated that he was not qualified to answer
that question because his background is not financial, but
operations. He stated that he would be happy to get an
answer to that question.
Randy Strong, City Attorney, explained that in past
years part of the rate design question involved how much
of the increase was to be spread between classes. The Public
utility Commission has taken the position in all past cases
that every class customer must pay its own costs. Traditionally,
residential users were at less than their costs. On the
exhibit attached to the ordinance is the proposed rate that
the administration is recommending be spread among the various
classes. The bottom column, Column 6, states relative rate
of return and under the first column residential is 97% which
means that the residential return pays 97% of the costs it
takes HL &P to serve residential customers. For instance, MGS
which is a small to medium commercial customer pays 103% of the
costs it takes to serve them. What the commission is saying
is that all these figures should be approaching 100 %, and if
you looked at all the past cases, you will see the residential
rates coming up. Several years ago, the residential was at
80% and the commission has been trying to equalize rates.
The rate case this year indicates that fact and that is why
there is a larger increase for residential as opposed to other
classes.
The city attorney mentioned that Exhibit "A" attached
to the ordinance is a summary of the recommendation of con-
sultants used by the City of Houston in looking at this
rate case. The summary was prepared primarily by Jane
Cater who is with the City of Houston Public Services Division.
She was with the Public utility Commission a number of years
ago and was hired by Houston prior to the 1982 case and
testified in that case as a witness. James Janson, a Certified
Public Accountant with the City of Austin, and R. T. Sweatman
an engineer that is involved with rate analysis prepared
an analysis of the rate case and the document that is
attached, the second part is actually a letter from Mr.
Janson and Mr. Sweatman. The information is a summary of what
the cities are recommending. This has been submitted to
the City of Houston. The Coalition of Cities with Original
Jurisdiction are also looking at this information and will
be using this. One of the recommendations that the city's
consultants made is a lowering in the recommended rate of
40913 -13
Minutes of the Regular Meeting - September 13, 1984
return on equity from 17% request to 16 %. Another major
adjustment that the cities made was reducing the amount of
construction work in progress from 55% to 50 %. There is
alot of detailed information about the type adjustments
that were made in the operating expenses, and the up shot
of all this is that based on the city's adjustments to the
rate requested by Houston Lighting and Power, the cities
are recommending that the company be given an increase of
only $126,616,000.
The second page of the exhibit entitled rate design
shows how the various rates would be applied to residential
customers. One of the main changes that you will see in the
city's recommendation is that the price break for various
kilowatt hours is at 400 kilowatts which is somewhat lower
than what the company has recommended and used in the past.
Part of the reason for this goes back to the analysis made
by the consultants as to what the base load of the company.
The very last page of the exhibit, the chart, shows the
typical load average of different type homes. The load
averages indicate what it takes for the company to service
this particular type house. Line A is the typical load
average of an electric home. The graph indicates a peak
in February and another peak in August which represents
peaks in weather activity. Line B is a high usage customer
that has an electric air conditioner with gas heat. This
customer has a large peak in the summer and low in the
winter when he is using his gas heating. The dark line,
C would be a minimum usage customer that has an electric
air conditioner and gas heat. Again, the peak is in the
summer at a lower level because he's a medium user. Line
D is low usage home with electric air and gas heat or
possibly someone without air conditioning. If you look at
the usage all through the year, it runs very close to 400
kilowatts a month for most of the year. For this reason,
the city consultants felt that the 400 kilowatt line would
be a better break point for changing increased costs for
usage. The city attorney offered the exhibit attached
to the ordinance for the record.
Since there were no further comments or questions, Mayor
Cannon closed the public hearing.
Consider Proposed Ordinance, Establishing Rates to be Charged
by Houston Lighting and Power Company Within the City
Limits of Baytown
Mr. Lanham pointed out
been adopted by the City of
are part of the coalition.
approval of the ordinance.
Councilman Philips move
continue to pursue the rate
seconded the motion.
that the proposed ordinance has
Houston and other cities that
The administration recommended
Bd to adopt the ordinance and to
case; Councilman Dickens
40913 -14
Minutes of the Regular Meeting - September 13, 1984
In response to Council, the city attorney stated that
if Council fails to take any action, the company can put
its proposed rates into effect after the 90 day period
without action from Council. City Council can recommend a
rate based on the information presented tonight and adopt
its own rate. The option then lies with the light company
because they can either appeal that decision to the commission,
and the commission will establish a rate that it feels proper
or the company may elect not to appeal and if so, the rate
set tonight will become effective in the City of Baytown.
If the commission sets higher rates for areas outside the
city, Baytown would have lower rates than people outside
the city limits. If the light company does not appeal and
the commission comes in with lower rates, you would have
higher rates inside Baytown than outside. Traditionally,
cities' cases have been consolidated with rural cases.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3935
AN ORDINANCE SETTING RATES TO BE CHARGED BY HOUSTON LIGHTING
AND POWER COMPANY FOR ELECTRIC UTILITY SERVICE WITHIN THE
CORPORATE LIMITS OF THE CITY OF BAYTOWN, TEXAS; CONTAINING
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING
FOR THE REPEAL OF INCONSISTENT ORDINANCES; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE -DATE HEREOF.
Mayor Cannon called a recess and when the meeting
reconvened, the following business was transacted:
Mayor Cannon extended congratulations to Ray Swofford
with the City of Baytown Engineering Department for his
recent appointment to the Goose Creek Consolidated Inde-
pendent School District Board of Trustees.
Consider Proposed Ordinance, Amending Flood Hazard Area
Regulations
The proposed ordinance amends the Flood Hazard Area
Regulations to make them conform with the federal regulations
concerning flood insurance programs. The amendment requires,
that all structures that are expanded or substantially improved
must comply with the flood hazard regulations which puts
the city into conformance with what the federal regulations
require.
Councilman Fuller moved for adoption of the ordinance;
Councilman Embry seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
40913 -15
Minutes of the Regular Meeting - September 13, 1984
ORDINANCE NO. 3936
AN ORDINANCE AMENDING CHAPTER 123�, "FLOOD HAZARD AREA REGU-
LATIONS," REPEALING CONFLICTING ORDINANCES; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Establishing a Prima Facie
Speed Limit of 30 Miles Per Hour on Rollingbrook Drive
Between Goose Creek Stream and Decker Drive (Spur 330)
The proposed ordinance will establish prima facie speed
of 30 miles per hour on Rollingbrook Drive between Goose
Creek Stream and Decker Drive. The traffic commission has
recommended establishment of this speed limit. Traffic on
the remainder of Rollingbrook Drive is 40 miles per hour;
therefore, Council was concerned that citizens would not
realize the difference in speed until they were well into
the area designated 30 miles per hour. Bill Cornelius,
Director of Planning and Traffic stated that reduced speed
ahead signs would be installed to notify motorist of the
change in speed. The reason for the reduced speed is the
traffic from Exxon building and the apartments. The
administration recommended approval of the ordinance.
Councilman Philips inquired if a stop light had been
considered for that intersection. Councilman Embry said
that that had been discussed at the company but they would
have to rely on the opinion of the traffic engineer.
Councilman Philips stated that with the esplanaded street,
it is more hazardous to try to cross over. The vote follows:
Ayes: Council members Johnson, Simmons, Embry and
Fuller
Mayor Cannon
Nays: Council members Philips and Dickens
ORDINANCE NO. 3937
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 30
MILES PER HOUR FOR MOTOR VEHICLES ON A PORTION OF
ROLLINGBROOK DRIVE BETWEEN GOOSE CREEK STREAM AND DECKER
DRIVE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CON-
TAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY
OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR EACH
VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Establishing a Prima Facie
Speed Limit of 45 Miles Per Hour on Decker Drive
Between Wade Road and Rollingbrook Drive
The traffic commission has recommended that a prima
facie speed limit of 45 miles per hour be established on
Decker Drive between Wade Road and Rollingbrook Drive.
40913 -16
Minutes of the Regular Meeting - September 13, 1984
Councilman Embry moved to adopt the ordinance; Council-
man Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry and Fuller
Mayor Cannon
Nays: Councilman Dickens
ORDINANCE NO. 3938
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 45 MILES
PER HOUR FOR MOTOR VEHICLES ON A PORTION OF DECKER DRIVE
BETWEEN WADE ROAD AND ROLLINGBROOK DRIVE; REPEALING ORDIN-
ANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND N01100
($200.00) DOLLARS FOR EACH VIOLATION THEREOF; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Accepting Proposal from McClelland
Engineering for Soil Study and Engineering Services to
Provide Minimum Guidelines for Residential Foundations
The revenue sharing appropriation for last year included
$15,000 for a soil study of the city. The result of these
studies are used for issuing single family resident foundation
permits. This policy has been in effect for a number of
years, but part of the city has been annexed since the last
study was performed. Therefore, the administration requested
approval for McClelland Engineering to review the information
presently available and make studies of new areas to provide
the data needed to issue foundation permits. McClelland
Engineers have done much work in Baytown, and they have agreed
to perform the study for $14,700. The results of the soil
study can determine the difference between a cracked slab
and a solid slab in future developments.
Councilman Simmons moved to adopt the ordinance; Council-
man Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3939
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH MCCLELLAND ENGINEERS FOR THE PREPARATION
OF MINIMUM FOUNDATION GUIDELINES; AUTHORIZING THE PAYMENT
OF FOURTEEN THOUSAND SEVEN AND N01100 ($14,700.00) DOLLARS
AS PAYMENT THEREFOR; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
40913 -17
Minutes of the Regular Meeting - September 13, 1984
Consider Proposed Resolution No. 888, Requesting that the
U.S. Department of Housing and Urban Development Offer
the 312 Loan Program in Baytown
The 312 Loan Program provides three types of loans- -
residential, to maximum amount of $27,000; non - residential,
to maximum amount of $100,000 and a fixed use loan based
on the combination residential and commercial. The actual
loans are limited to bringing the property up to minimum
property standards. The interest rate on these loans is
9% and the pay back period is 20 years. Renovations are
limited to corrections of code violations, and no loans
are made for new structures. The city's responsibility in
this program would be administration of the program. This
would include packaging the loan for the applicant, sending
the application to HUD, preparing work specifications for
the renovation work, selecting the contractor through bids
and inspecting the work. HUD offers no funds for the
administration of the program. Community Development
Division would handle these loans. The administration feels
that this program could be beneficial to the Texas Avenue
property owners, and perhaps there are persons in other
parts of the city who will be interested. Therefore, the
administration recommended approval of the resolution.
Councilman Dickens moved to adopt the resolution;
Councilman Johnson seconded the motion.
Councilman Fuller commented that he supports the
motion, but he would abstain from voting due to the conflict
of interest by virtue of owning property on Texas Avenue.
Councilman Johnson announced that the property owners
along Texas Avenue are a dedicated group that meet on the
first Thursday at 7:00 p.m. in the old J.C. Penny Building.
He invited others to attend because this group is really
interested in making something happen on Texas Avenue.
Councilman Philips stated that Jerry Fletcher is under-
taking a rather responsible job, but he has done so well in
the past that he had alot of confidence that he could handle
this new program. He stated further that he felt it was
incumbent upon the city to do something in the Texas Avenue
area and also, in other parts of the city where there are
houses that need to be brought up to standard.
Jim Gillian, owner of property on Texas Avenue, thanked
Council for the continued support and mentioned that on
September 29, there would be a cleanup day on Texas Avenue.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry and Dickens
Mayor Cannon
Nays: None
Abstained: Councilman Fuller
40913 -18
Minutes of the Regular Meeting - September 13, 1984
RESOLUTION NO. 888
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF
BAYTOWN TO REQUEST THE UNITED STATES DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT TO OFFER THE 312 LOAN PROGRAM TO THE
CITIZENS OF THE CITY OF BAYTOWN.
Consider Proposed Resolution No. 889, Encouraging the State
Legislature to Pass an Open Container Law
A representative of the citizens safety council had
previously appeared before City Council requesting that the
Council encourage the passage of legislation on an open
container law. Council had asked at that time that the
administration bring this matter up again at a meeting prior
to the legislative session. The legal staff has prepared a
resolution which is consistent with the local citizens safety
council's request.
Councilman Johnson mentioned that the ramifications of
such a law concerned him greatly due to the problems of
innocent persons being affected. As he understands it, the
law would apply to any alcoholic open container. He em-
phasized that he is totally against drunk driving or drinking
alcohoic beverages while driving, but he would not want an
innocent person to be subject to prosecution under such a
statute.
Councilman Philips expressed the fear that should this
legislation be presented during the session, laws already
on the books may be diluted in order to get this one adopted.
Council expressed concern that there were no specifics
about what the proposed legislation might be, but Mayor
Cannon pointed out that Council would have ample opportunity
to review any proposed legislation prior to consideration
by the legislature.
Councilman Johnson moved to adopt the resolution; how-
ever the motion died for lack of second.
Consider Authorization to Advertise for bids for 3 Inch Water
Main and Alternate 6 Inch Water Main Along Lynchburg -Cedar
Bayou Road From Timber Ridge Subdivision to Forest Bend
Subdivision
Forest Bend Subdivision is to be located just south of
Lynchburg Cedar Bayou Road and east of Raccoon Road. Developers
of that subdivision have asked for water service from Timber
Ridge Subdivision. It is not yet tied into the City of
Baytown System. The City of Baytown maintains the well and
sells water to these people. The developer has requested
water service from that well. Forest Bend Subdivision could
be served from this well by a three -inch line, but the overall
plan to service this area provides for a six -inch line.
Therefore, the administration requested permission to take
bids for both the three -inch line and the six -inch line.
The estimates are $16,600 for the three -inch line and $21,900
for the six -inch line. The difference of $5,300 is available
in the Water and Sanitary Sewer Extension Account.
40913 -19
Minutes of the Regular Meeting - September 19, 1984
Councilman Dickens moved to authorize the administra-
tion to advertise for bids for a three -inch water main and
alternate 6 -inch water main along Lynchburg /Cedar Bayou Road
from Timber Ridge Subdivision to. Forest Bend Subdivision.
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
Consider Authorization to Participate in the Community
Service Option Program
The Community Service Option Program provides an
alternative to the incarceration of people who have been
judged guilty of committing certain violations of law.
Under the program, the participants are required to perform
some volunteer community service. Many of the people
involved in the program are people who have been found
guilty of driving while intoxicated. The sponsors of the
program who have a contract with Harris County to provide
the service have talked with the staff and asked about the
possibility of the city providing some work opportunities
for these people. This has been discussed with the depart-
ment heads and there are four departments- -Parks and Rec-
reation, Public Works, Library and Water billing where these
people would be able to work since it is necessary in many
cases that the person be allowed to work on weekends. This
program will assist the courts and the people who wish to
make restitution through community service, as well as the
City of Baytown. The administration requested permission to
participate in the program and recommended approval.
The city has the option of acceptance or rejection of
the number of persons who will be working through this
program, as well as the option of the kinds of skills those
persons should possess. An agreement will be developed to
determine what procedures will be followed for the program
in Baytown.
Councilman Fuller moved to authorize participation by
the City of Baytown in the Community Service Option Program;
Councilman Dickens seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
Consent Agenda
The administration requested that Items c and I be
deleted from consideration. City Council considered Items a
and b and d through h as follows:
40913 -20
Minutes of the Regular Meeting - September 13, 1984
a. Proposed Ordinance No. 40913 -5, will provide the
second and final reading on annexation of Cedar
Trace Apartment Complex and /or adjacent property.
We recommend approval of Proposed Ordinance No.
40913 -5.
b. Proposed Ordinance No. 40913 -6, will place the
newly annexed territory mentioned in Item a in
Council District No. 6.
We recommend approval of Proposed Ordinance No.
40913 -6.
d. Proposed Ordinance No. 40913 -8, will award the bid
for portable DC arc welder. Bids were mailed to
six vendors and two proposals were received. The
two vendors submitted the same price for the
equipment; however, we feel the best bid is the
bid of Baytown Welding Supply. They provide for a
quicker delivery and a larger fuel tank on their
machine. The bids submitted were in the amount of
$3,350.
We recommend the low bidder, Baytown Welding
Supply, be awarded this contract.
e. Proposed Ordinance No. 40913 -9, will award the bid
for pole light installation - Central Heights
Park. Bids were mailed to four vendors and one
bid was received. Pfeiffer Electric submitted the
low bid of $3,910.
We recommend the low bidder, Pfeiffer Electric, be
awarded this contract.
f. Proposed Ordinance No. 40913 -10, will award the
contract for construction of concrete left turn on
Garth at Sharon and the concrete repairs on Garth,
Rollingbrook and North Main at Cedar Bayou. Bids
were mailed to ten contractors and eight bids were
received. Angel Brothers submitted the low bid of
$97,716. This work shall be funded from the 1981
Capital Improvements Program and the 1983 -84
General Funds, Streets and Drainage Account.
We recommend the low bidder, Angel Brothers
Enterprises, Inc., be awarded this contract.
40913 -21
Minutes of the Regular Meeting - September 13, 1984
g. Proposed Ordinance No. 40913 -11, will award the
bid for equipment to modify Allenbrook Lift Station.
Invitations to bid on the supply of pumps and
motors for the proposed modifications to the
Allenbrook Lift Station were mailed to four suppliers.
Two bids were received. Pump and Power Equipment
Company submitted the low bid of $9,414. Funds
for this project are provided in the Utility
Construction Account of the current budget and a
lift station enlargement fee to be collected from
a nearby developer.
We recommend the low bidder, Pump and Power
Company, be awarded this contract.
h. Proposed Ordinance No. 40913 -12, will approve the
lease agreement with The Alfred Company. This is
a continuation of the lease by the City of Baytown
of office space at 1722 Market Street. The office
space houses the Community Development Program
Office. There is no increase in the lease cost
over the previous agreement. Presently the city
is leasing the office space at 1722 Market Street
for $370 per month plus a pro rata share of the
utilities.
We recommend approval of Proposed Ordinance No.
40913 -12.
Councilman Johnson moved to adopt the Consent Agenda
except for Items c and i; Councilman Philips seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3913
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY
LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF
CEDAR TRACE APARTMENT COMPLEX, WHICH SAID TERRITORY LIES
ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE
CITY OF BAYTOWN, TEXAS. (Proposed Ordinance No. 40913 -5)
ORDINANCE NO. 3940
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
ADDING CERTAIN PROPERTY TO COUNCIL DISTRICT NUMBER SIX (6)
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 40913 -6)
40913 -22-
Minutes of the Regular Meeting - September 13, 1984
ORDINANCE NO. 3941
AN ORDINANCE ACCEPTING THE BID OF BAYTOWN WELDING SUPPLY
COMPANY FOR THE PURCHASE OF A PORTABLE'DC ARC WELDER AND
AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM
OF THREE THOUSAND THREE HUNDRED FIFTY AND N01100 ($3,350.00)
DOLLARS. (Proposed Ordinance No. 40913 -8)
ORDINANCE NO. 3942
AN ORDINANCE ACCEPTING THE BID OF PFEIFFER ELECTRIC COMPANY
FOR THE LIGHT POLE INSTALLATION AT CENTRAL HEIGHTS PARK AND
AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM
OF THREE THOUSAND NINE HUNDRED TEN AND N01100 ($3,910.00)
DOLLARS. (Proposed Ordinance No. 40913 -9)
ORDINANCE NO. 3943
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY
CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH ANGEL BROTHERS
ENTERPRISES, INC. FOR THE CONSTRUCTION OF CONCRETE LEFT TURN
ON GARTH AT SHARON AND CONCRETE REPAIRS ON GARTH, ROLLINGBROOK
AND NORTH MAIN AT CEDAR BAYOU; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
(Proposed Ordinance No. 40913 -10)
ORDINANCE NO. 3944
AN ORDINANCE ACCEPTING THE BID OF PUMP AND POWER EQUIPMENT
COMPANY FOR THE PURCHASE OF PUMPS AND MOTORS FOR MODIFICA-
TIONS TO ALLENBROOK LIFT STATION AND AUTHORIZING THE PAYMENT
BY THE CITY OF BAYTOWN OF THE SUM OF NINE THOUSAND FOUR
HUNDRED FOURTEEN AND N01100 ($9,414.00) DOLLARS. (Proposed
Ordinance No. 40913 -11)
ORDINANCE NO. 3945
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY
OF BAYTOWN TO EXECUTE A LEASE WITH THE ALFRED COMPANY TO
LEASE CERTAIN PREMISES LOCATED AT 1722 MARKET STREET;
AUTHORIZING PAYMENT BY THE CITY; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 40913 -12)
For bid tabulations, see Attachments "B" and "E.."
40913 -23
Minutes of the Regular Meeting - September 13, 1984
Consider Construction Plans for West Humble Street
Posted in the Council Chamber was a map which depicted
West Humble and West Gulf Streets as the plans indicate that
these streets are to be improved. West Gulf has been paved
except for the cul -de -sac. Half of that was completed
today. The other street, West Humble, has been excavated.
The contractor is planning to do the subgrade preparation
here in the next few days. The plan calls for the con-
struction of a cul -de -sac at the last house on the street.
A short distance further is an Exxon pipeline, and the
balance of the street right of way from the house to the end
of the right of way serves no one at the time. There are no
homes down there, but there is property on either side. The
problem is that Mr. DeHoyos who owns the house at the proposed
cul -de -sac would like the street extended further down. He
does not want the cul -de -sac in front of his house. The
things that the engineers considered in stopping the street
at the proposed location was to avoid the lowering of the
Exxon pipeline at a cost of $15,000. The cost to construct
the street is $120 a foot. Another factor to consider is
that all of the remaining land is below five foot elevation.
If someone were to ever build there, they would have to
construct at 16 foot elevation. Since all the people who
reside along West Humble would be served by the street being
constructed as planned and several thousand dollars would be
saved, the engineers felt this to be a good plan; however,
Mr. DeHoyos objected to this construction of the cul -de -sac
because this would encourage parking in front of his house,
with loud noises all hours of the night and trash being
dumped. Mr. Pete DeHoyos felt that the street could be
moved a little further down. Mr. Dykes stated that the
street could be moved 5 to 6 feet further without inter-
ference from the pipeline.
Council suggested that perhaps the street could be
constructed in the same manner as planned without providing
the cul -de -sac, but Mr. Dykes stated that the city was
hoping to provide a means for garbage trucks to turn around.
Councilman Simmons moved that the cul -de -sac be shifted
to the vacant lot west of the last house on the street and
that the pavement be constructed to the east property line
of the last house on the street. Councilman Johnson seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons
and Embry
Mayor Cannon
Nays: Council members Fuller and Dickens
Recess and Reconvene
The Mayor recessed the open meeting into executive
session to discuss land acquisition. When the open meeting
reconvened, the following business was discussed:
40913 -24
Minutes of the Regular Meeting - September 13, 1984
Consider Proposed Ordinance, Authorizing the City Attorney
to Make Offers for Purchase of Rights of Way Along
Massey Tompkins Road and Authorize Condemnation if Offers
Are Refused
Councilman Philips moved for adoption of the ordinance;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry,
Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3946
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE OFFERS
FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE OWNERS OF
OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN
TRACTS DESCRIBED HEREIN REQUIRED FOR STREET IMPROVEMENT
PURPOSES; REQUIRING THAT SUCH OFFERS BE ACCEPTED WITHIN
FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE
CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFERS ARE
REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Authorizing the City Attorney
to Make Offers for Acquisition of Park Property and
Authorize Condemnation if Offers are Refused
Councilman Dickens moved for adoption of the ordinance;
Councilman Embry seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3947
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN OFFER
FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE OWNERS OR
OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF A CERTAIN
TRACT DESCRIBED HEREIN REQUIRED FOR PARK PURPOSES; REQUIRING
THAT SUCH OFFER BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIR-
ECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS
IN THE EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
40913 -25
Minutes of the Regular Meeting - September 13, 1984
Consider Proposed Ordinance, Authorizing the City Attorney
to Make Offer for Acquisition of Drainage Easement and
Authorize Condemation If Offer Is Refused
Councilman Johnson moved to adopt the ordinance;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 3948
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE AN
OFFER FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE
OWNERS OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION
OF A CERTAIN TRACT DESCRIBED HEREIN REQUIRED FOR DRAINAGE
IMPROVEMENT PURPOSES; REQUIRING THAT SUCH OFFER BE
ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING THE CITY
ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE
EVENT SUCH OFFER IS REFUSED; AND PROVIDING FOR THE
EFFECTIVE DATE HEREOF.
Consider Confirmation of Appointment to Baytown Library
Advisory Board
Councilman Embry moved to confirm the appointment of
Tom Ashcraft to the Baytown Library Advisory Board;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
Consider Appointment to Clean City Commission
This appointment will be made at a later date.
Adjourn
There being no further business to be transacted,
the meeting was adjourned.
e&� /—" j-zw/'�
Eileen P. Hall, City Clerk
Attachment "A"
M E M O R A N D U M
September 5, 1984
TO: City Council
FROM: Fritz Lanham, City Manager
SUBJECT: Recommendations for Revenue Sharing Allocations
Fiscal Year 1984 -85 -
The 1984 -85 Revenue Sharing Budget is $712,845. This
budget is comprised of a revenue sharing allocation in the
amount of $678,2774 and a remaining unappropriated surplus of
$34,568. My recommendations for FY84 -85 are as follows:
1. Baytown's Land REQUEST
Management and
Use Plan for the
Brownwood Subdi-
vision $ 481,000.
RECOMMENDATION
$ 481,000.
These Are' the monies we feel are necessary to initiate our
Land Management and Use Plan. Primarily, these monies will be
used to fund the cleanup and to provide for some land acquisi-
tion, and to begin the early phases of park development.
2. Reroofing of the
Community Build-
ing $ 60,000. $ 60,000.
The purpose of this allocation is for the reconstruction of
the roof on the Community Building. This reconstruction will
provide the roof with a degree of slope. We hope that this slope
will allow for better drainage off the roof, thereby, providing
less deterioration of that roof. As you recall, there are several
leaks in this roof and over the last few years we have spend sev-
eral thousand dollars in the continuous repair of that roof.
•3. Sterling Munici-
pal Library
$ 50,000. $ 40,000.
This appropriation will provide funds for the purchase of books,
audio visual equipment, and other equipment such as typewriters,
2
desks and chairs. We have seen a 5.2% inflation rate in book
prices over the past year. We are also still seeing increased
library usage. That use is approximately a 12% gain over the
same time period last year.
4. Senior Citizen's
Taxi Program $ 14,000. $ 14,000.
This appropriation will again provide for the City's share in
funding the Senior Citizen's Taxi Program.
5. Economic Develop-
ment $ 10,000. $ 10,000.
In the fall of 1983 the Board of Directors of the Baytown
Chamber of Commerce established the Economic Development Committee
to encourage economic growth in Baytown. This committee was formed
in response to the decline in the petrochemical industry, which
created an economic crunch and a rise in unemployment in this area.
This committee feels that some diversification is needed to expand
the tax base and create new jobs for our community. The committee's
plans include several segments. A promotional campaign which will
focus on marketing Baytown as an attractive location for business is
planned. It will feature advertising in key trade periodicals, a
targeted direct mail program to manufacturing and commercial enti-
ties, and printed information and audio visual presentations on our
community. The committee will be seeking to stimulate private in-
vestment and expand employment opportunities in Baytown by generat-
ing inquiries and ultimately relocation and /or expansion of com-
panies. The $10,000 will be used to pay for the brochure and
audio visual presentation.
6. Cultural Arts
Council $ 3,000. $ 3,000.
This appropriation is to fund the operating expenses of the
Cultural Arts Council. These funds are for items such as stationery
supplies, recreation supplies, advertising and some special services.
1. Sesquicentennial
Commission $ 1,000. $ 1,000.
This appropriation is to provide funds for the operation of the
Sesquicentennial Commission. It will provide monies for stationery
and recreational supplies, printing and advertising.
8. Financial Admin-
istration
$ 21059. $ 2,059.
3
This appropriation is to provide for the expense of the annual
revenue sharing audit.
CONTRACT SERVICES
9. Emergency
Corps
83 -84
APPROPRIATION REQUEST RECOMMENDATION
$ - 0 - $ 2,600. $ 2,600.
The purpose of this appropriation is to allow a contract with
the Emergency Corps for water rescue service and some land base am-
bulance support. By entering into such a contract with the Emergency
Corps, the City will not furnish any additional funds for other
equipment and /or needs of the Emergency Corps.
10. Baytown Senior
Citizens Nutri-
tion Center $ 26,000. $ 27,000. $ 27,000.
The purpose of the Nutrition Center is to provide fun, food and
fellowhsip for elderly residents. March of this year marked their
eleventh anniversary. The center is open daily Monday through
Friday from 9:00 a.m. to 2:00 p.m. In addition to a well balanced
hot noon meal, recreation and educational programs are planned and
transportation is provided. The Baytown Center is one of 44 centers
throughout Harris County funded by the federal government under
Title III grant. The only criteria for eligibility is age 60 years
or older. The program has no charges, but a contribution of 25� per
meal is requested. According to the January through July, 1984,
report, the total number of registered senior citizens is 408, which
indicates the new participant level at 61. Total meals served during
this period was 13,076, which is an average of 88 per day. Three
thousand and eight (3,008) of those were home bound meals. In regard
to transportation statistics, an average of 35 senior citizens were
transported to the center daily. The center van is also used to
transport handicapped persons in Baytown to a variety of destinations
within Baytown. Other services which have been provided during this
time include daily counseling and assistance with financial, medical,
housing, utilities and personal problems. Assistance with food
stamp applications, certification for tax cards, blood pressure screen-
ing, graduated exercise programs, hearing screening, coordination of
medical appointments and transportation, and the distribution of
commodity foods such as butter, cheese, and powdered milk to eligible
participants was provided.
CONTRACT SERVICES - Cont'd.
83 -84
APPROPRIATION
4
REQUEST RECOMMENDATION
11. Retired Senior
Volunteer Pro-
gram $ 3,186. $ 3,186. $ 3,186.
This amount will be directed to volunteer expenses such as
accident insurance, personal liability insurance, excess automo-
bile liability insurance, meals, transportation, printing, postage
and recognition. The Retired Senior Volunteer Program is now in its
tenth year of service to the Baytown community., Last year in Bay-
town the RSVP provided over 20,000 hours of their time to many non-
profit organizations in the Baytown area. In addition, this service
added meaning and enrichment to many of the senior volunteer's lives.
12. Baytown Area
Women's Center $. 20,000. $ 22,000. $ 21,000.
The Baytown Area Women's Center opened the doors of Mitchell
House in February, 1982. Since its opening they have received over
3,000 calls on their 24 hour crisis hot line. They have been able
to provide emergency shelter to 358 women and 605 children. At the
center, both women and children receive individual support and
counseling, and group counseling under the supervision of a certified
therapist. The center's trained staff and volunteers help the women
to examine the options open to them to establish a violent -free home
for their families. Appropriate referrals are made to educational,
vocational, housing, medical and legal resources in the community.
Referrals to counseling for the batterer are available if desired.
The Baytown Area Women's Center currently employs seven staff members
to provide 24 -hour a day, 365 days a year coverage.
13. Bayshore Com-
munity Develop-
ment $ 15,000. $ 30,000. $ 16,000.
The Bayshore Community Development, Inc. is a non - profit com-
munity based organization delegated to implement a transportation
service project to the City of Baytown, City of LaPorte, and the
unincorporated towns of Morgan's Point, Linus, Seabrook and Lomax.
Primarily, the program will be geared to the elderly, handicapped,
and low- income residents. The service mix includes transportation
to medical facilities, social service agencies, entitlement pro-
grams, once a week shopping and selective enrichment and cultural
activities. The recipients of the program will be the elderly,
IL
TITLE: PORTABLE DC ARC WELDER
BID: 8407 -88
DATE: AUGUST 30, 1984 2 : 00 P.M.
C I TY OF PIAYT0:•.94
$I D TAB'ULAT I ON
Attachment "B"
ITEM
1
QTY
1
UNIT
1 EACH
DESCRIPTION
PORTABLE DC ARC WELDER, PER
GULF OXYGEN CO.
BAYTOWN WELDING SUPPLY
I AMERI GAS
!MAGNOLIA WELDING CO
UNIT PRICE.'
EXT. PRICE
$3,350.00
UNIT PRICE
EXT. PRICE
$3,350.00
I U141T PRICE
I EXT. PRICE
NO RESPONSE
IUNIT PRICE
NO RESP
TEXT. PRICE
SE
ISPECIFICATIONS. MAKE:
LINCOLN SA
00 -F163
LINCOLN SA240
-F163
MODEL :
K6090SM
( K6090SM
DELIVERY:
7 DAY5
I 1 DAY
SPECIAL CONDITIONS:
115 GALLON T4NK
( .
I
I
I
I
IBIDS
WERE MAILED TO 6 VENDORS,
I
I
12
RESPONDED.
I
(
I
DELIVERY
NET TOTAL
I
(
I
I I
I
$3,350.00
I
$3,350.00
( I
CONTRACT SERVICES - Cont'd.
83 -84
APPROPRIATION
handicapped, and low- income residents and
REQUEST
5
RECOMMENDATION
will be served during the operational year
approximately 800 people
of the program..
14. Bay-Area Heri-
tage Society $ 15,000. $ 20,000. $ 16,000.
The purpose of this allocation is to help cover the cost of
major repairs to the roof of the building housing the Baytown
Historical Museum as well as meet increased utility costs.
15. Palmer Drug
Abuse Program $ 15,000. $ 18,000. $ 16,000.
PDAP is a program of counseling and support for young people
with drug and /or alcohol abuse problems. This program was iniated
in Baytown in June of 1983. The office is located at •311 N. Jones.
According to the April -June, 1984 report, counseling appointments
with young people with drug /alcohol abuse problems have averaged
eleven per week for the second quarter this year, with two of .these
being initial counseling appointments. Parents have also made use
of the counseling with an average of five counseling appointments
each -week with 40� of these being initial appointments. Meeting
attendance supports an average of 19 young people and 13 parents.
TOTAL CONTRACT
SERVICES
122,786.
$ 101,786.
TITLE: LIGHT POLE INSTALLATION AT CENTRAL HEIGHTS PARK
EID: #8408 -96
DATE: AUGUST 30, 1984 2:00 P.M.
CITY OF BAYTO: -N
-BID TABULATION
Attachmen C"
ITS ►l,
I 1
QTY
1
UNIT
U
I
lot
DESCRIPTION
LIGHT POLE INSTALLATION AT
PFEIFFER ELECTRIC CO_
WHITLEY ELECTRIC GULF COAST
ELECTRIC ; BAYWAY ELECTRIC CO.
U14IT PRICE
EXT. PRICE
$3,910.00
UNIT PRICE
BID
EXT. PRICE i U141 PRICE
RETURNED NO RESP
EXT. PRICE
NSE
IUN,IT PRICE-
NO RES
IEXT. PRICE
ONSE
I CENTRAL HEIGHTS PARK, per
I
specifications.
I
DELIVERY:
30 Days
SPECIAL CONDITIONS:
I Arrived lafe
at bid I
opening ano
bid was
returned ubopened to
I
the vendor[
Bids were mailed to five
I
I
vendors.
�
I
I
7-1
G- LJVERY
NET TOTAL
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TITLE:
CITY OF BAYTOWN
BID RESULTS
Left Turn Lane & Concrete Street Repairs
BID No. • 8408 -01
DATE: Sep 10, 1984 @ 10 a.m.
C 0 N T R A C T 0 R
Aide Services
Angel Brothers
B.W.F. General Contractors
Brown & Root . .
Forde Construction
H. B. Hamilton
Hubco
Kinsel Industries
Mason Construction
Petro Chem
Attachment "D"
A M O U N T
$ 114,351.20
97,71.6.00
113,624.50
105,900.15
126,939.94
154,004.01
144,454.25
No Bid
134,598.50
No Bid Bond - bid
rejected
Attachment "E "'
M E M O R A N D U M
September 11; -1984
TO: Fritz Lanham, City Manager
FROM: 1� orman Dykes, City Engineer /Director of Public Works
SUBJECT: Modifications to Allenbrook Lift Station - Purchase of Pumps
and Motors - Job No. 8408 -23
r Invitations to bid on the supply of pumps and motors for the.proposed
modifications to Allenbrook Lift Station were mailed to four suppliers and
legal notices were published twice in the Baytown Sun requesting quotations.
Two bids were received as tabulated below:
Amount Delivery Time .
Pump & Power Equipment Co. $ 9,414 30 days
Newman Engineered Equipment, Inc. 14,362* 100 days
Alternate bid - did not offer bid on equipment specified
It is recommended that Council award this bid to Pump & Power Equipment
Company in the amount of $9,414. Funds for this project are provided in
the Utility Construction account of the current budget and a lift station
enlargement fee to be collected from a nearby developer.
Copy to:..-
Asst City Mgr
City Clerk
Legal
RS /lc