1985 01 10 CC Minutes50110 -1
MINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 10, 1985
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, January 10, 1985, 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
Randy Strong
Eileen P. Hall
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
The meeting was called to order with a quorum present.
The invocation was offered by Councilman Simmons, afterwhich
the following business was conducted:
Presentation to Baytown Evening Optimist
Mayor Cannon requested that Gary Gill accept on behalf
of the Baytown Evening Optimist Club the 1984 Service Club
Award, sponsored by the Texas Recreation and Park Society.
This award is presented annually to only one civic organi-
zation within the state. The Baytown Evening Optimists
sponsor the following activities:
1. Pee Wee Football Program;
2. A variety of Junior High School Tournaments;
3. Track Meets and Contests;
4. Pony and Colt Baseball Program;
5. Youth Appreciation Week;
6. Bicycle Safety Week;
7. Handicapped T -Ball Softball;
8. Boys Harbor for Orphan Boys;
9. Award Four Scholarships to Deserving High
School Seniors Annually;
10. Co- Sponsors the Bluegrass Arts and Crafts Festival.
Mayor Cannon emphasized that the citizens of Baytown
are fortunate to have an organization such as this one in
Baytown and ended the presentation by stating that the
Optimists are truly "A Friend of Youth."
A;1
50110 -2
Minutes of the Regular Meeting - January 10, 1985
Consider Minutes for Special Meetings Held December 6,
December 10, and December 13, 1984, and the regular
meeting held December 13, 1984
Councilman Simmons.moved for approval of the minutes for
the special meetings held December 61 December 10 and December
13 and the minutes for the regular meeting held December 13,
1984. Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
Receive Petitions
No petitions were presented.
Citv Manager's Report
Spur 201 - The State Highway Department awarded a con-
tract on another portion of the Loop 201 construction on
January 8, from the railroad, east to Cedar Bayou Bridge.
The contract was awarded to Williams.Brothers fora total
amount of $15,555,280 with contract completion time being
360 working days. Plans are to take bids on the next
phase soon.
Cracked Slab - 3804 Tompkins Drive - McClelland Engin-
eers, Inc. have looked at the crack in the concrete floor
of the Brunson property garage at 3804 Tompkins Drive and
have reported that the crack is related to concrete temper-
ature or shrinkage cracking. The engineers are not pre-
pared at this time to give the final report on the slippage
problem.
Drainage Project North of Decker Terrace in Craigmont
Subdivision - This is a county project. The contractor
has placed about 1800 feet of lining and about 1400 feet
of concrete side slopes. This is in an area that has been
subject to flooding through the years.
City drainage work - The project on South Main where
the city added six inlets has been completed. The Greenwood
Drainage System Project is complete. Ditches have been
cleaned on Beecher, Lindberg, Airhart, Steinman, and Riggs.
Repair to Elevated and Ground Storage Tanks on Bayway
Drive - The contractor began this project on January 4 and
the elevated storage tower is presently being sandblasted.
Emergency Power Generator for City Hall - The generator
was placed on order in October and is scheduled for shipment
on January 10. The foundation has been completed and the
contractor is installing the electrical conduit.
50110 -3
Minutes of the Regular Meeting - January 10, 1985
Police Department Activities - The police department
submits a monthly report to the City Manager, as well as
a yearly report. Because of efforts on the part of the
police department and citizen involvement, for the third year
in a row, there has been a reduction of about 11.66% in
the total number of major offenses committed in Baytown.
These are the ones reported to the FBI and are the ones
reported through the news media. In addition to those,
there are many other calls coming through the police
department that do not involve major crimes. During the
last twelve months, the police department received 31,063
complaints which is a reduction of 5.22% below the previous
year. There was a reduction of 8.9% below the previous year
in traffic accidents. All of this indicates that the de-
partment and the citizens are doing a good job to reduce
crime in Baytown.
DuPont - Manufacture of Lannate and Vydate - Council
was provided with a copy of a letter from D. E. Webb,
Employee Relations Superintendent with DuPont, who provided
Council with a press release which stated that the DuPont
Company is asking the State of Texas to permit a process
change which would eliminate transportation and storage
of a chemical, methyl isocyanate, used to make insecticides
at its plant on the Houston Ship Channel. The new process
will provide a significant improvement in the safety margin
in this operation. The proposed amendments would allow
the company to begin construction of a newly - developed,
continuous "closed loop" system that would produce methy
inocyanate only as an intermediate which would be immediately
consumed. Thus, the methyl isocyanate would not be isolated
as a separate raw material but converted into product as it
is produced.
The proposed DuPont process would eliminate the need to
purchase methyl isocyanate, have it transported to the com-
pany's La Porte, Texas, plant, and store it there for use in
making " Lannate" insecticide. The finished insecticide does
not contain methyl isocyanate. The new closed system is the
result of DuPont research and is designed by DuPont Engi-
neering.
The news release pointed to the fact that DuPont has
been handling methyl isocyanate for 15 years without injury
to any employee, or exposure to the environment or surround-
ing communities.
Mayor Cannon verified that he had been out to the plant
and observed their operations, along with Fletcher Hickerson
the Emergency Preparedness Manager. He feels that the plant
is operated in a safe, responsible fashion and the proposed
amendment will ensure further safety in that presently
30,000 pounds of the methyl isocyanate is being stored at
this location, whereas in the future only 20 pounds of the
substance will be on hand.
This concluded the City Manager's Report. Since there
were no comments or questions, Mayor Cannon moved to the
next agenda item.
50110 -4
Minutes of the Regular Meeting - January 10, 1985
Consider Approving Official Statement and Notice of Bond Sale
Fritz Lanham, City Manager, reported that the Official
Statement and Notice of Bond Sale was prepared several days ago
and forwarded to the rating firms in order to allow the analysts
time to evaluate the material. The City Manager, Mayor and
Councilman Dickens traveled to New York, along with represen-
tatives of the financial advisor to meet with representatives
of the rating firms. Mayor Cannon covered the makeup of the
city council, the philosophy of this city council and previous
city councils, and the community. Councilman Dickens dis-
cussed the economy of the area, while the City Manager discussed
the city's financial plans for the use of these bond funds.
The city manager felt that the analysts were very thorough.
They knew alot about the community before our representa-
tives got there. He felt that the city's representatives
were able to answer questions satisfactorily and he went
away with a good feeling about the city's final rating.
Mayor Cannon stated that this was a very educational
process for him. This was the first time that he had made
a trip to New York for a bond sale and what the analysts did
not know before the group's arrival, they know now. He
was surprised with the amount of information the rating firm
had concerning the City of Baytown and the surrounding area.
The Mayor went away with a good feeling about the meetings
with the rating firms.
Councilman Dickens commented that he was very much
aware all the while the group from Baytown was in New York
of how highly regarded the City Manager of Baytown is.
Mr. Lanham stated that the rating system is sort of a
report card of this community which not only involves the
city council and the city employees, but the whole of the
community. The firms that bid on municipal bonds do not
take the time to check out the city's financial stability.
They count on the rating firms to come up with those answers;
therefore, the rating that a city achieves from the rating firms
is very important in the bond sale process.
The administration recommended approval of the Official
Statement and Notice of Bond Sale.
Councilman Philips moved for approval of the official
statement and notice of bond sale; Councilman Fuller seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
Mayor Cannon mentioned the change in the ownership of ^,
Underwood, Neuhaus. Tom Masterson, the City of Baytown's
financial advisory for a number of years, along with three
other principals have obtained controlling interest in the
firm. The firm will retain the name of Underwood, Neuhaus,
and David Underwood will remain as an active member of the
firm. Underwood, Neuhaus will remain an independent brokerage
firm in Texas.
50110 -5
Minutes of the Regular Meeting - January 10, 1985
Doris Ashcraft, President of Cultural Arts Council, Will Appear
Doris Ashcraft, President of Cultural Arts Council,
distributed the Baytown Cultural Arts Brochure to Council
members.
Consider Proposed Resolution No. 901, Commending Fred
Hartman for His Dedicated Service to the Community
The proposed resolution emphasizes only one of Mr.
Hartman's many contributions to the City of Baytown -- his
service as the first chairman of the Harris County Central
Appraisal District Board.
Councilman Simmons moved for adoption of the resolution;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
RESOLUTION NO. 901
AN UNANIMOUS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, FORMALLY RECOGNIZING AND THANKING FRED
HARTMAN FOR THIS SERVICE TO THE COMMUNITY AS BOARD MEMBER OF
THE HARRIS COUNTY APPRAISAL DISTRICT FROM JANUARY, 1980,
THROUGH DECEMBER, 1984.
Consider Whether to Request a Public Hearing on the Request
for Permit Before the Department of the Army, Corps of
Engineers, Filed by DGM, Inc., 820 Kilgore Road, to
Complete the Filling of 2.5 Acre Area and to Maintain an
Area Approximately 0.4 Acres
DGM, Inc. located at 820 Kilgore Road in Baytown has
submitted an application for permit to complete the filling
of 2.5 acre area and to maintain an area approximately 0.4
acre which was filled without obtaining a Department of the
Army permit. The area would be used for storage of sand and
gravel off - loaded by barge. Approximately 12,000 cubic
yards of fill dirt and broken concrete from a roadway would
be used as fill. The administration could see two potential
problems: (1) movement of this amount of fill dirt and
broken concrete by truck over a street that was not con-
structed for this type usage, and (2) this area is in the
floodway and there is a question whether this type activity
can be permitted in the floodway.
The city attorney explained that under the City of
Baytown's flood hazard regulations, there is the 100 year
rll flood plain that everyone is familiar with, but there are
also areas along certain streams which are designated as a
regulatory floodway. The statute talks in terms of the area
of the stream necessary to discharge the base flood and in
the statute there is language which addresses prohibiting
any type construction or improvement including fill within a
50110 -6
Minutes of the Regular Meeting - January 10, 1985
regulatory floodway if that is going to increase the level
of the base flood. The amount of fill being discussed could
have a significant impact on the ability of the stream to
discharge the base flood. Therefore, the city attorney felt
that would be the basis on which to request that the Corps
of Engineers consider the application further.
What Council would be doing if Council so desires is to
ask that the Corps of Engineers hold a public hearing on the
matter. This would permit the residents in the area to
express any concerns that they might have.
Councilman Fuller moved to authorize the administration
to request a hearing on the request for permit by DGM, Inc.;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
Consider Whether to Request a Public Hearing on the Request
for Permit Before the Department of the Army, Corps of
Engineers, Filed by River and Gulf Transportation Company
to Extend the Time to Build a Barge Dock Facility South
of Spur 55 on Cedar Bayou in Chambers County
Mr. Lanham stated that he felt this application was an
entirely different situation than the previous application.
For one thing, this is not an entirely new application.
U.S. Steel had received approval back in 1981 for the construction
of a dock area at this location. What they arelasking for
now is an extension of time to complete the facility, but
the original plans have been scaled down. The area is
located on the Chambers County side of the stream down from
Roseland Park. Recreation activities at the park will not
be interfered with by the construction of this facility.
The administration recommended that no action be taken.
In response to an inquiry from Council, Mr. Lanham
explained that the applicant planned to place the dredged
materials in an existing land disposal area which is down-
stream from Baytown. Council took no action on the matter.
Consider Proposed Ordinance, Establishing Speed Limits
During Construction on a Portion of Loop 201 Within the
Corporate Limits of Baytown
This is a request from the State Department of Highways
and Public Transportation for the establishment of a con-
struction speed zone of 30 miles per hour during construction
of the next section of Loop 201 from Dorris Street to the
Southern Pacific Railroad. The administration recommended
approval.
50110 -7
Minutes of the Regular Meeting - January 10, 1985
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 Embry
Mayor Cannon
Nays: None
ORDINANCE NO. 4945
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ESTABLISHING A PRIMA FACIA SPEED LIMIT DURING
CONSTRUCTION ON LOOP 201 BETWEEN DORRIS STREET AND THE
SOUTHERN PACIFIC RAILROAD; PRESCRIBING A MAXIMUM PENALTY
OF TWO HUNDRED AND N01100 ($200.00) DOLLARS FOR EACH VIOLA-
TION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE HEREOF.
Consider Proposed Ordinance.-Accepting Dedication of Cynda
Brooks Drive, Green Tee Drive and the Extension of
Alamance Drive, Ironwood Drive, St. Andrews Drive,
Burning Tree Drive, Country Club View and Their Utilities
The developer has put in place the streets and utilities
prior to platting the area, but it will be necessary to plat
before construction of a subdivision. The streets and utili-
ties meet city specifications.
Councilman Philips moved for adoption of the ordinance;
Councilman Dickens seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 4046
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE STREET DEDICATIONS BY BAYTOWN COUNTRY
CLUB DEVELOPMENT COMPANY, CITIZENS BANK AND TRUST COMPANY
OF BAYTOWN, TEXAS, AND EMMETT 0. HUTTO, TRUSTEE; AND PRO-
VIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance, Approving the Amendment to
Contract Between BAWA and Thompson Road Municipal
Utility District for Treated Water
At a recent meeting, Council approved an amendment to
the contract between the city and Thompson Road Municipal
Utility District for wastewater treatment. At that time the
administration mentioned that the district would be going to
the BAWA board for an extension to the contract for purchase
of treated water. The BAWA board has approved the amendment
subject to the approval of City Council. The district is
50110 -8
Minutes of the Regular Meeting - January 10, 1985
requesting that this contract be extended one year. The
administration recommended approval of the amendment.
In response to Council inquiry, Mr. Lanham stated that
BAWA has not constructed any facility in anticipation of
the contract, nor has any money been expended because of
the agreement. The only thing that the amendment will do is
extend the agreement one year into the future.
Councilman Simmons stated that he felt that the request
needs to be weighed on its merits. The district has not
expended any money. The Baytown Area Water Authority, nor
the city has expended any money and BAWA is in business to
sell water. If BAWA had encumbered funds for some sort of
expansion, it would be different.
Mayor Cannon stated that he felt that these proposed
contracts need to be scrutinized more carefully in the future.
Councilman Dickens 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. 4047
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
AMENDMENT TO THE TREATED WATER CONTRACT BETWEEN THOMPSON
ROAD UTILITY DISTRICT AND BAYTOWN AREA WATER AUTHORITY;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Review Plans for Massey Tompkins Streets Improvements and
Authorize Advertisement for Bids
Johnnie Busch, Engineering Consultant, was present to
review the plans with Council. He stated that the plans are
to construct long radius reverse curve at the intersection
of McKinney and Massey Tompkins. The old roadway will need
to remain as a single lane roadway, one way going east, and
at a later date the city will need to consider signalization
at that location to control the entrance of the traffic
onto Massey Tompkins off McKinney. The estimated cost for
this portion of the project is $140,000, and the engineers
are suggesting that two alternates be added for resurfacing
a section on each end of the project. Council can make
the decision later whether the alternates should be accepted.
The project will end at Crosby Cedar Bayou Road on the
east and the railroad on the west. The roadway will be of
lime stabilized subgrade with a limestone base and hot -
mixed asphalted wearing surface.
50110 -9
Minutes of the Regular Meeting - January 10, 1985
The intersection of Raccoon Drive with Massey Tompkins
Road will also have a long radius reverse curve constructed
to improve that angular offset intersection and make the
movement of traffic safer. A left turn slot will be pro-
vided for turning north onto Raccoon Drive. The estimated
cost of the Raccoon Drive intersection improvement is
$156,000. The old roadway at Raccoon will be excavated and
the salvage material will be hauled to a city facility for
reuse.
In response to an inquiry from Council, Mr. Lanham
stated that the acquisition of right of way for the improve-
ment of Massey Tompkins at North Main has not been finalized,
but the administration plans to come to Council in the
future with the plans and will recommend that that section
be constructed of concrete and that the abutting property
owners be assessed for a portion of the costs. The admin-
istration recommended approval of the plans and requested
authorization to advertise for bids.
Councilman Philips moved to approve the plans and
authorize advertisement for bids; Councilman Johnson seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
Mr. Busch stated that he felt like the city would be
successful in maintaining its good bond rating. Councilman
Simmons inquired if it was a fact that the rating firms were
impressed that Baytown had no zoning.
Mr. Lanham responded that that was mentioned as one of
the reasons for the growth and expansion that Baytown is
experiencing. However, Mr. Lanham felt the thing that
impressed the rating firm the most was the year end balances,
and they were particularly interested in the fact that last
year after Alicia, the year end balance in the General Fund
dropped to about $500,000, but is not up to about $1,600,000.
The fact that Council faced the issue head on and increased
taxes in order to accomplish this impressed the rating
firms, plus the fact that the Interest and Sinking Fund has
a balance which the firms are most interested in.
Councilman Philips inquired as to the status of the
straightening of the Defee /Sterling at Seventh Street
intersection. Mr. Lanham responded that it will be necessary
to acquire property there, and it will be necessary to draw
up plans, get field notes and obtain an appraiser. It is on
the active projects list.
50110 -10
Minutes of the Regular Meeting - January 10, 1985
Consent Agenda
Mr. Lanham mentioned that on Item "c" the administration
had indicated that Parker Brothers did not meet specifications
and on their bid they had shown delivery within 19 days, but
now they say that they will guarantee delivery within 24
hours. This still does not meet specifications, nor will it
meet the city's needs since the crews need this pipe delivered
on the job and often it is needed within an hour or two.
Therefore, the administration recommended that the bid be
awarded to White Supply Company.
In response to an inquiry from Council, Mr. Lanham
stated that if the company delivers the pipe to the job,
this means that the city does not have to have the type
of equipment to pick up the pipe at a storage area and haul
it to the site. Presently, the city does not own(the necessary
equipment to haul some of the large pipe used. If the city
has the pipe delivered in advance of when it is actually
needed, there is the problem with the pipe being left in
citizens' yards and in the area of homes.
The specifications called for delivery within four to
six hours and none of the other bidders could meet those
specifications.
Councilman Simmons reported at this point that on the
project next to the Ramada Inn there is some culvert laid
and both ends are cracked off.
Council decided that Item "C" would be removed from
the Consent Agenda. Therefore, Council considered the
Consent Agenda as follows:
a. Proposed Ordinance No. 50110 -4, will authorize
final payment to General Electric for completion
of the Police Department Radio System. A repre-
sentative of the City of Baytown Bernard Johnson,
Inc., General Electric, and General Electric's
subcontrators made a final inspection /acceptance
test of the Police Radio System on December 18,
1984. The consultant has given his approval of
the radio system with some minor corrections to be
made.
We recommend Council approve a final payment of
$107,535.30 to General Electric Company for this
project.
b. Proposed Ordinance No. 50110 -5, will award the bid
for the annual polyethylene pipe contract. Bids
were mailed to seven vendors and four proposals
were received. Utility Supply Company submitted
the low bid of $1,825.
We recommend the low bidder, Utility Supply Company,
be awarded this contract.
50110 -11
Minutes of the Regular Meeting - January 10, 1985
d. Proposed Ordinance No. 50110 -7, will award
the bid for the annual frozen food contract.
Bids were mailed to six vendors and we received
one proposal. Super Warehouse Foods submitted
the low bid of $11,856.
We recommend the low bidder, Super Warehouse
Food, be awarded this contract.
e. Proposed Ordinance No. 50110 -8, will award the bid
the the annual flexible base material contract.
Bids were mailed to six vendors and three proposals
were received. Radcliff Materials, Inc. of Texas
submitted the low bid of $85,050.
We recommend the low bidder, Radcliffe Materials,
Inc. of Texas, be awarded this contract.
f. Proposed Ordinance No. 50110 -9, will award the bid
for the annual calcium hypochlorite contract.
Bids were mailed to five vendors and two proposals
were received. Van Waters & Rogers submitted the
low bid of $11,731.25.
We recommend the low bidder, Van Waters & Rogers
be awarded this contract.
g. Proposed Ordinance No. 50110 -10, will award the
bid for the annual cement stabilized sand contract.
Bids were mailed to seven vendors and four proposals
were received. Frederick Sand & Gravel submitted
the low bid of $48,750.
We recommend the low bidder, Frederick Sand &
Gravel, be awarded this contract.
h. Proposed Ordinance No. 50110 -11, will award the
bid for the annual photographic supplies contract.
Bids were mailed to five vendors and four proposals
were received. The low bidder, Southwestern
Camera Company did not meet specifications. The
specifications require #5017, 100 feet exposure
roll and Southwestern Camera bid ESD135 -36, which
is only a 7 feet /36 exposure roll. The second low
bidder meeting speicfications is Jobar Scientific
Co. with a bid of $13,173.95.
We recommend the low bidder, Jobar Scientific Co.,
be awarded this contract.
50110 -12
Minutes of the Regular Meeting - January 10, 1985
i. Proposed Ordinance No. 50110 -12, will award the
bid for the annual brass fittings contract. Bids
were sent to five vendors and three proposals were
received. The low bid submitted by Golden Triangle
had ten items on it that could not be guaranteed
as far as pricing for the term of the contract.
The next low bidder meeting specifications is
Utility Supply Company with a bid of $22,913.45.
Utility Supply Co. could guarantee its pricing for
the contract period.
We recommend Utility Supply Company be awarded
this contract.
j. Proposed Ordinance No. 50110 -13, will award the
bid for a two passenger compact inspection vehicle.
Bids were mailed to ten vendors and five proposals
were received. Bob Robertson Chevrolet submitted
the low bid of $10,353.32.
We recommend the low bidder, Bob Robertson Chevrolet
be awarded this contract.
k. Proposed Ordinance No. 50110 -14, will award the
bid for a side loading solid waste vehicle. Bids
were mailed to eight vendors and four proposals
were received. The low bidder, Mack Trucks, Inc.
has offered a live power system rather than the
wet capsule clutch PTO we specified. Jim Ball
International submitted the next low bid of
$162,958.
We recommend Jim Ball International be awarded
this contract.
Councilman Johnson moved for adoption of the Consent
Agenda Items a, b and d through k; Councilman Dickens
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
ORDINANCE NO. 4048
AN ORDINANCE AUTHORIZING FINAL PAYMENT TO GENERAL ELECTRIC
FOR THE COMPLETION OF THE POLICE DEPARTMENT RADIO SYSTEM;
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed
Ordinance No. 50110 -4)
50110 -13
Minutes of the Regular Meeting - January 10, 1985
ORDINANCE NO. 4049
AN ORDINANCE ACCEPTING THE BID OF UTILITY SUPPLY COMPANY FOR
THE ANNUAL POLYETHYLENE PIPE CONTRACT AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ONE THOUSAND
EIGHT HUNDRED TWENTY -FIVE AND N01100 ($1,825.00) DOLLARS.
(Proposed Ordinance No. 50110 -5)
ORDINANCE NO. 4050
AN ORDINANCE ACCEPTING THE BID OF SUPER WAREHOUSE FOOD FOR
THE ANNUAL FROZEN FOOD CONTRACT AND AUTHORIZING THE PAYMENT
BY THE CITY OF BAYTOWN OF THE SUM OF ELEVEN THOUSAND EIGHT
HUNDRED FIFTY -SIX AND N01100 ($11,856.00) DOLLARS. (Pro-
posed Ordinance No. 50110 -7)
ORDINANCE NO. 4051
AN ORDINANCE ACCEPTING THE BID OF RADCLIFF MATERIALS, INC.
OF TEXAS FOR THE ANNUAL FLEXIBLE BASE MATERIAL CONTRACT AND
AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF
EIGHTY -FIVE THOUSAND FIFTY AND N01100 ($85,050.00) DOLLARS.
(Proposed Ordinance No. 50110 -8)
ORDINANCE NO. 5052
AN ORDINANCE ACCEPTING THE BID OF VAN WATERS & ROGERS FOR
THE ANNUAL CALCIUM HYPOCHLORITE CONTRACT AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ELEVEN THOUSAND
SEVEN HUNDRED THIRTY -ONE AND 25/100 ($11,731.25) DOLLARS.
(Proposed Ordinance No. 50110 -9)
ORDINANCE NO. 4053
AN ORDINANCE ACCEPTING THE BID OF FREDERICK SAND AND GRAVEL
FOR THE ANNUAL CEMENT STABILIZED SAND CONTRACT AND AUTHOR-
IZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF
FORTY -EIGHT THOUSAND SEVEN HUNDRED FIFTY AND N01100
($48,750.00) DOLLARS. (Proposed Ordinance No. 50110 -10)
ORDINANCE NO. 4054
AN ORDINANCE ACCEPTING THE BID OF JOBAR SCIENTIFIC COMPANY
FOR THE ANNUAL PHOTOGRAPHIC SUPPLIES CONTRACT AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THIRTEEN
THOUSAND ONE HUNDRED SEVENTY -THREE AND 95/100 ($13,173.95)
DOLLARS. (Proposed Ordinance No. 50110 -11)
ORDINANCE NO. 4055
AN ORDINANCE ACCEPTING THE BID OF UTILITY SUPPLY FOR THE
ANNUAL BRASS FITTINGS CONTRACT AND AUTHORIZING THE PAYMENT
BY THE CITY OF BAYTOWN OF THE SUM OF TWENTY -TWO THOUSAND
NINE HUNDRED THIRTEEN AND 45/100 ($22,913.45) DOLLARS.
(Proposed Ordinance No. 50110 -12)
50110 -14
Minutes of the Regular Meeting - January 10, 1985
ORDINANCE NO. 4056
AN ORDINANCE ACCEPTING THE BID OF BOB ROBERTSON CHEVROLET
FOR THE PURCHASE OF A TWO PASSENGER COMPACT INSPECTION
VEHICLE AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN
OF THE SUM OF TEN THOUSAND THREE HUNDRED FIFTY -THREE AND
32/100 ($10,353.32) DOLLARS. (Proposed Ordinance No. 50110-
13)
ORDINANCE NO. 4057
AN ORDINANCE ACCEPTING THE BID
THE PURCHASE OF TWO SIDE LOADII
AUTHORIZING THE PAYMENT BY THE
ONE HUNDRED SIXTY -TWO THOUSAND
N01100 ($162,958.00) DOLLARS.
50110 -14)
OF JIM BALL INTERNATIONAL FOR
vG SOLID WASTE VEHICLES AND
CITY OF BAYTOWN OF THE SUM OF
NINE HUNDRED FIFTY -EIGHT AND
(Proposed Ordinance No.
For bid tabulations, see Attachments "A" through "I."
Consider Proposed Ordinance, Awarding Bid for Annual Concrete
Pipe Contract
In response to inquiry from Council, Norman Dykes,
Director of Public Works /City Engineer, explained that most
of the time city crews can predict work schedules, but the
work being performed is within city rights of way where the
crews encounter utility lines which at times cause delays in
the projects. It would be very difficult to place a price
on the inconvenience to a neighborhood if weather conditions
caused large pipe to lay in the area over an extended period.
Many of the Council members expressed the feeling that
in order to effect a savings of $6,000 annually, the city
should rebid the contract with a 24 -hour delivery time.
They felt that if having materials left in the neighborhoods
became a problem, then a shorter delivery time could be
considered.
Councilman Dickens moved to reject the bids and have
the contract rebid using the 24 -hour delivery schedule;
Councilman Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Embry, Fuller and
Dickens
Nays: Council members Johnson and Simmons
Mayor Cannon
50110 -15
Minutes of the Regular Meeting - January 10, 1995
Consider Proposed Ordinance, Awarding Bid for Eight (8)
Passenger Carrier Vehicle
The administration had been notified by Bob Robertson
Chevrolet that there is an error in their bid and that they
wanted to correct that error. The city administration
advised them that this could not be done, but indicated that
if the company wanted to submit a letter of withdrawal of
the bid, that letter would be submitted to the City Council.
The company has submitted the letter.
Randy Strong, City Attorney, stated that bidders may
withdraw their bids anytime before the bids are open and
publicly read; however, as a general rule afte- the bids are
open, the bidders are obligated to abide by the bid. The
courts of Texas and some other juridictions have allowed a
bidder to withdraw his bid due to a mistake made in the bid
if the bidder gives timely notice of the mistake to the
owner and if a number of conditions are met. Those conditions
as set forth in the Supreme Court Case back in 1960 follow:
(1) The mistake that the bidder made is of so great a con-
sequence that to enforce the contract would be unconscionable,
(2) If the mistake relates to a material feature of the
contract, (3) If the mistake was not a result of cupable
negligence or the violation of a positive legal duty, and
(4) The relief must not result in prejudice, in this case to
the city, other than the loss of our bargain, that is the
loss money that will result in having to go to another
bidder. The low bidder has pointed out a mistake and wishes
to withdraw his bid. There is no procedure for allowing the
bidder to add the money left out back to the bid; therefore,
in this situation, the options are: (1) to hold the low
bidder to his bid as submitted, (2) if Council feels that
he met the conditions set forth, allow the bidder to withdraw
his bid and go to the second low bidder, or (3) reject the
bids and rebid.
Councilman Dickens moved to reject the bids and authorize
the administration to readvertise for bids; Councilman
Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
Consider Proposed Resolution, Making Appointments to Harris
County Higher Education Authority Board
Councilman Dickens moved for the adoption of the reso-
lution appointing Billie Hinton, Bruce Causey and Bill
Williams to a two -year term on the Harris County Higher
Education Authority Board. Councilman Johnson seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
50110 -16
Minutes of the Regular Meeting - January 10, 1985
RESOLUTION NO. 902
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPOINTING THREE MEMBERS OF THE BOARD OF DIRECTORS OF
THE HARRIS COUNTY HIGHER EDUCATION AUTHORITY, INC.; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Appointments to Community Development Advisory
Board
Appointments to the Community Development Advisory
Board will be considered at a future meeting.
Consider Appointments to Mobile Home Review Board
Appointments to the Mobile Home Review Board will be
considered at a future meeting.
Consider Appointments to Electrical Board
Appointments to the Electrical Board will be considered
at a future meeting.
Recess into Executive Session to Discuss Contemplated
Litigation and Real Estate Acquisition
Mayor Cannon recessed the open meeting into executive
session to discuss contemplated litigation and real estate
acquisition. when the open meeting reconvened, the following
business was transacted:
Consider Proposed Ordinance, Authorizing the Sale of City -
Owned Property to Lydia Smith Conklin
The city attorney explained that the city had approached
Ms. Conklin concerning the possibility of the purchase of
right of way along Massey Tompkins Road, but in the changing
of the right of way, there will be some extra right of way
in that area. Therefore, this ordinance will approve the
exchange of the properties, plus Ms. Conklin will be paying
$1,132 as the difference in value of the two properties.
Councilman Philips 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
50110 -17
Minutes of the Regular Meeting - January 10, 1985
ORDINANCE NO. 4058
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE EXCHANGE OF LAND OWNED BY THE CITY
OF BAYTOWN FOR LAND OWNED BY LYDIA SMITH CONKLIN; DIRECTING
THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO
INSTRUMENTS CONVEYING SAID LAND TO LYDIA SMITH CONKLIN; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Ordinance,,-Authorizing the City Attorney
to Make Offers for and on Behalf of the City of Baytown
for Purchase of Property in Brownwood; 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
The city attorney explained that the proposed ordinance
is the standard ordinance for approving the purchase of
property and authorizing condemnation if necessary. This
would be property generally in the Brownwood area to be
purchased for park purposes. There are a total of approxi-
mately 24 tracts to be purchased for the amounts listed on
the ordinance.
Councilman Fuller moved for adoption of the ordinance;
Councilman Johnson seconded the motion.
Jean Shepherd, President of the Brownwood Civic
Association, stated that Mrs. Stubbs purchased a home in
Brownwood some years ago and paid $36,000 for the home at
that time. In June, 1983 prior to Alicia, she made a $9,000
loan through a bank to improve the property. When the storm
came, the property received damage that was considered minor
and Mrs. Stubbs received $33,000 in flood insurance money.
This money was made payable to Mrs. Stubbs and the mortgage
holder; however, Mrs. Stubbs still has"the mortgage up to
$9,000 that she is still making payments on today. When
that property is included in the condemnation proceedings
and the city takes the property, will the city also take the
liability?
The city attorney responded that the lien holder will
be made a party to the condemnation and the issue of the value
of that will be determined by the special commissioners.
The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
50110 -18
Minutes of the Regular Meeting - January 10, 1985
ORDINANCE NO. 4059
AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE OFFERS
FOR AND ON BEHALF OF THE CITY OF BAYTOWN TO THE OWNERS OR
OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN
TRACTS DESCRIBED HEREIN REQUIRED FOR PARK PURPOSES; REQUIRING
THAT SUCH OFFERS BE ACCEPTED WITHIN FIFTEEN (15) DAYS;
DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PRO-
CEEDINGS IN THE EVENT SUCH OFFERS ARE REFUSED; AND PROVIDING
FOR THE EFFECTIVE DATE HEREOF.
Harris County Mayors' and Councils' Association
Councilman Fuller, President of the Harris County Mayors'
and Councils' Association, mentioned that the association
would be meeting on January 17 with a representative from
the U.S. Attorney's office as speaker on State, Federal,
and Local Law Enforcement Cooperation. He invited as many
members of Council as possible to attend and members of the
police department.
Adjourn
There being no further business to come before Council,
the meeting was adjourned.
Eileen P. Hall, City Clerk
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BID TA9UL�T 1 Oi4
'r i i L`_:_ A=AI FRr ZEN- F[lQl-f-[l�l_ TRACT
GI D:_ #851.2 -2A
DATE: 12 -20 -R4 2 : 00 P.M.
Attaclunent
�TT�'•�
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DESCRIPTION:
SUPER WAREHOUSE TEXAS GROCERY COMPANY
HATHAWAY'S ; FOOD KING, INC:
UI`IT PFIC=
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* 14.52
* 15.00.
$4,356.00 (
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$11,856.00 I
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*To be pic
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_ 31 D TABUL �T 1 ON
TioLE: ANNUAL FLEXIBLE BASE MATERIAL CONTRACT
E I D: #8512 -22.
DATE: 12 -27 -84 2:00 P.M.
Attachment "C"
(IT='•II
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QTY
UNIT
DESCRIPTION,
GULF COAST LIMESTONE INC TIFCO INDUSTRIES
PARKER BROTHERS ;ANAHUAC TOWING
UrdIT PRICE
EXT. PR1C= UrJIT PRICE I EXT. PRICE I .0 ►JiT PRICc
EXT. PRICE
IUr•:IT PRIC= IXT. PRICE
ANNUAL FLEXIBLE BASE MATERIAL
NO RESP
NSE NO RESPO SE I NO RE�PONSE
_
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IFlexible Base F.O.B. Plantsite
12.50 $87,500.0
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12 17000
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(ALTERNATE: F.O.B. 1601 W.•Main
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13.25 ($92,750.00
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CITY C eAYT0NN
SID TABULATION
TITLE: ANNUAL FLEXIBLE BASE MATERIAL CONTRACT
BID: #8512 -22
o. =.TE: 12 -27 -84 2:00 P.M.
PAGE 2
I —
UNIT
I QTY UnIT DESCRIPTION.
RADCLIFF (IATERIALS, INC.
COASTAL CEMENT SAND
�
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IUr;IT P210E
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I ANNUAL FLEXIBLE B/�SE MATERIAL
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NO H JID
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12.15
$85,050.001
NO dID
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ISEECIAL CONDITION-
11 17000 tons 1PHOSPHO- GYPSUM, Plantsite
1 7.50 1 $52,500.00
(
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10.50 1 $73,500.00 1
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AD: #8512 -20
17-27-84 2 00 P.M.
C 1 TY 0: Cl1YT0:•.�l
S'1 D TABULAT 1 ON
, Attachment "D ",
ITE'•�
I QTY
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DESCRIP7IC?hl:
THOMPSON- HAYWARD CHEM.
VAN WATERS & ROGERS
NORAIN SUPPLY 1NC
� CRAIN CHEMICAL COMP.
Uh'IT PRICE
EXT. PRICE
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ANNUAL CALCIUM HYPOCHLORITE
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DELIVERY:
AS SPECII
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I Prices firluntil
July 11
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51 D TABULAT I ON
TITLE: ANNUAL CEMENT STABILIZED SAND CONTRACT
#8512 -19
12 -26 -84 2:60 P.M.
• Attachment "E" .-
rT•-��
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QTY •
I
UNIT
DESCRIPTION*
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ANAHUAC TOWING
PARKER BROTHERS ( M & C MATERIALS
� SUN¢ELT �t•S 1Nr,
Ut�'17 PR1C�
EX7. PRIG
UtJ17 PR1Cc
NO RESPON
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EXT. PRICE
IUr,1T PRICc
NO RESPON
IcXT. PRIC=
F
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ANNUAL CEMENT STABILIZED SAND
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(CONTRACT, per s ecifications.
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1
11
3000
tons
I1 -112 Sach /Ton Cement Stabilized
11.65•
$34,950.00
(
( 12.60
$37,800.00
Sand
(
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10001
tons 12 Sach /Ton Cement Stabilized
12.90
$12,900.00
(
1 13.90
$13,900.00
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Sand
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tons
2 -1/2 Sach /Ton Cement Stabilized
14.50
$ 7,075.00
(
( 15.20
( $ 7,600.00
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(Sand
(
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I TOTAL:
$54,925.00
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I $59,300.00
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DELIVERY:
1 Day
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-Rid--, nai Berl to 7 venfinr--,, 4
responded.
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CITY OF eAYTONN
• BID TABULATION
iTLF: ANNUAL PIIOTOGRAPHIC SUPPLIES CONTRACT
I0: #85 11-11
• Attachment "F"
tT��;
I QTY
UNIT
DESCRIPTION* :
�AMEi3� � SallTliIIESI1= 13�LGdh1FRn
I UrJiT P ?.1Cc I EXT. PRIC` IUr.1T P�1Cc IGXT. P�1C
I *A1'I.1�4 71
UhiT PR1C�
EXT. P�1C!=
UrJlT PP,10E I EXT. PRICc
k
l
-
I DELIVERY:
2 -3 Da ys AZO
I 14-Days I
( 14 Days
21, Days
SPECIAL CONDITION:
Prices fir
for 1 year.
I *Prices firm
90 days
I *Prices are
not firm
*Does not-neet
for term Aof
contr act.
s dcificata
decrease
Item N27. �[3id 36 exp—
with manufalturer.
I roll not
00 f
per s eciflcations.
1 V
I I
Bids mailed to 5 vendors,
(
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^� 4 rresponded.
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. CITY OF BAYT0I414
•
BID TABUIU ION
r I T Lt : __ANNl IAI f1RAsS F i TT i NGC roNTRArT
;ID: ##511 -1-
?.ATE: 17 -11 -RA 2:G0 P.M.
Attachment "G"
ITEM,
QTY
rUNIT
I DESCRIPTION
UTILITY SUPPLY
GOLDEN TRIANGLE
MUNICIPAL PIP
i JONES S,- CO
U141T PRICE
EXT. PRICE
UNIT PRICE
EXT. PRICE
$22,469.46
UIJIT PRIC=
EXT. PRICE
$25,761.70
IUt.IT PRICE
NO RES
IEXT• PRICE
NSE
I
ANNUAL BRASS FITTINGS CONTRACT,
'
$222913.45-
I
per rpprifir-ations.
DELIVERY:
Stock to 10
Days
Stock'to 10
a s
Stock to
0 Days
i
WARRANTY:
90 Days
90 Days
SUPPLY POINT:
HOUSTON,-TE
AS
CHEEK, TEXAS
HOUSTON, JEXAS
I
I
SPECIAL CONDITIONS:
*Cannot hold
pricing on
I
ten items fou
the term of
the contract
Bids were mailed to 5 vendors.
c= _ :•r
N_I TOTAL
� I I
I �
CITY C. eAYTU - -N
BID TABULATION
l i i L`_ : TWO PASSENGER COMPACT I NCPEf T1 QN yrit i f_I F
i I D: 18512 -27
)ATE: 12 -20-84 2:00 P.M.
' Attachment "H"
I T EN. I QTY UNIT
OESCR 1 PT J ON:
a0(3 ROQERTSON CHCVROLET
-
BAYTOI.IN MOTORS
JAY MARKS CFIEVROLET ; DAYSHORE DODGE
UI•;IT PRICE
EXT. PRICt
UNIT PP,ICE
I EXT. P21Cc
$10,514.64
I UIJiT PR1C=
( EXT. PRICE
I *$a,454.6a
IUr.1T PRIG
IEXT. PZ1C�
$10,G11.aG
1 each
TWO PASSENGER COMPACT INSPECTION
$10,353.32
! I
I
I
I
i-
-
n— 5-- D -QA9P-
I
90 Days
( 90 Days
1
170 Days
1
160-90 Days
I
I
I 1 *Does not meat
specs. on
I _
I GVWR and GAW(
I I
_. - - -F-i
I I
I
i I
I
--
!
I I I I
I
T= Pw:
' i I
I
f iTL -: TWO PASSENGER COMPACT NSPFCTi.(l[V VF11irl_I—
:1 D: #8512 -27
-)ATE: 12 -20 -04 2 : 00 P.M.
i C I TY OF eAYTU. -.'N
BID TABULAT I OJ
PAGE 2
IIT ='•�
QTY
UNIT
DESCRIPTION:
I
KNAPP CHEVROLET
RON CRAFT CH
i SAN JACINTO FORD
Uh'iT PRICE
FXT. ?RICc
UNIT PRICE
I EXT. PRICc ( UtJTT PRICE
I EXT. PRIC::IUt•,IT
PR1Gc
IEXT. PR1C=
1
each
TWO PASSENGER COMPACT INSPECTION
I
� I
I VEH I
I
c_30 Bla
i9@5 G-hey.
I
I
90 Days
I
I
I
I I
I
I
I
I I
I I I
I I
I
I
I
I
I
I
I
- - -- - - C._! IV=Y
NET TOTAL_
I
(
I
C i TY G. L'AYTO:oT!
TABULATION
BID
i i LE:_S iDF OAQINu SO ID WASTE CCIt I FCTll VFIITfI !_
AD:- #8512 -15
>' %T "c: - 2:00 P.M.
DESCRIPTION-
Attachment "I" •
_
iT ='� I QTY
UNIT
�
WORLD WIDE TRUCKING
JIM BALL INTERNATIONAL
ENVIRONMENTAL SALES ;DUNCAN EQUIPMENT
T i Lt: �ll&-J-UADIN SOLD_ D- WASIE-COLLUT-1- AN- VE4tlG6&
ID: #11512 -25
kf,TE: 1 ?- 1q -:;4 2:00 P.M.
CITY Or BAYTO:•.TT
BID TABULWION
PAGE 2
IT -�'�
I QTY
UNIT
DESCRIPTION
INDUSTRIAL DISPOSAL
BASIC WASTE SYSTEMS INC
MACK TRUCKS INC ;CRANE CARRIER CO.
UI�TT PRICE
EXT. PR1Cr
UNIT Pf?TCE
I EXT. PTt]Cc
I UWTT PRICE
EXT. PRICE
UNIT PZICc
(EXT. P210E
Bid through
Jim Ball &
79,957.77
$159,9.15.54
NO RESPOISE
2
each
SIDE LOADING SOLID WASTE COLLECTI
N *
� -
I
I
-
I I., D :
I
i
I
DELIVERY:
SPECIAL CONDITIONS:
*Factor des
not
I
(
*210 Days
I*Prnyides f x
a lime
I
provide r
trofit for
I-power-systeu
instead of
I
steering
brakes.
I rannnt
requirement.
I
I
I
I
I
I^ I I
I
I I I
I
G= LIVERY
MET TOTAL
Tr11..r
I
I I I
I
I
I
J
(
( I
I
I
I ' I
I
I