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1985 11 14 CC Minutes51114 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 14, 1985 The City Council of the City of Baytown, Texas, met in regular session on Thursday, November 14, 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 Emmett O. Hutto 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 Reverend Holmes, afterwhich the following business was conducted: Consider Minutes for the Regular Meeting on October 24, 1985 and the Special Meeting Held on November 7, 1985 Councilman Simmons moved for approval of the minutes for the regular meeting held on October 24, 1985 and the special meeting held November 7, 1985. Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Receive Petitions No one presented a petition. Introduction of Foreign Exchange Student Don Williams, a resident of Baytown, who has a foreign exchange student residing in his home from Finland, was recognized by Mayor Hutto. Mr. Williams introduced Salia Pehu who was presented with an honorary badge from the Baytown Police Department. Salia's father had presented Mr. Williams' with a police officer's badge, hat and shoulder patch from Finland which he has placed on display at the Baytown Police Department. 51114 -2 Minutes of the Regular Meeting - November 14, 1985 Salia stated that this was a very high honor for her to appear before city council, and she thanked council for recognizing her. Houston Schweitzer, Representing the Baytown Area Senior Softball Program, Will Appear to Report on Their Activities Houston Schweitzer reported that BASS, Inc. (Baytown Area Senior Softball) has been established for five years. The members are 55 years of age and over. There are four teams that play in this area on a twelve month basis two days a week. The county has agreed to allow BASS to use 6.27 acres of land in the Craigmont area for their activities. The county will provide the seed money for the seniors to build softball diamonds. The contract for those two diamonds has been let, and the expenditures will be approximately $140,000. The two diamonds will have 230 feet of distance between the home plate to a 4 foot outfield fence. This is slightly less than what is provided at the Wayne Gray Sports Complex, but this is more than ample for the seniors. The diamond will have good slope with a high homeplate sloping to the outfield at 7h inches per 100 foot. The county allowed the seniors to participate in the design which basically will be built as the seniors have recommended. The facility will be enclosed within a six foot barbed wire bounded exterior fence. The seniors will operate the facility totally. They have entered into a lease with the county over a period of 15 years and have agreed to pay $10,000 a year for use of the facility. The county will maintain the out- field, and the seniors will take care of the infield, along with any routine maintenance. In addition, the seniors will pay all the utility costs. The fields will not be lighted because seniors do not play well under light. The infield will be of sand /clay. There will be a parking area to contain approximately 55 cars, and there will be an 18x39 foot building with a half covered area to allow a place to come in out of the weather. There will be a storage area and men's and women's restrooms. There will be nothing in the facility that anyone will want to carry off. Mr. Houston ended his presentation by stating that he did not appear before council for the sole purpose of reporting on what facilities the seniors are going to be instrumental in getting in Baytown. As he had mentioned earlier, there are going to be some financial responsibilities, and the seniors feel that with the city's interest in soft- ball, the seniors and the county are taking some of the responsibility off the city, but the seniors will have to come up with $10,000 each year. The seniors are aware that council has gone through its 1986 budget, and at this point the seniors do not know what their obligations will be for 1986, but they probably can get through without a great amount of obligations for that first year. However, in the future, the seniors will be seeking financial assistance. 51114 -3 Minutes of the Regular Meeting - November 14, 1985 Rocky Rodriquez Will Appear Mr. Rodriquez stated that he had appeared in light of recent comments about E1 Mercado Del Sol in the Houston Post and the Houston Cit Magazine where it was written that (1) it's not a booming business, (2) the first floor looks like a flea market, and (3) there are problems with occupancy of other floors. He could not help but feel that the council is moving forward on an ill advised contract. In previous appearances, Mr. Rodriquez had raised a number of questions on the legality of the contract. In order to satisfy the issue of the legality of the contract, all paper work re- lating to said contract is now in the hands of proper author- ities who will decide the legality. Mr. Rodriquez stated further that he would be happy to give council a progress report at soon as one is available. While on the subject of progress reports, about five weeks ago, it was decided by council that a progress report was to be presented, but there was none presented at the last council meeting. Therefore, Mr. Rodriquez asked when would a progress report be forthcoming. Mayor Hutto responded that the developer stated that he is waiting on documentation from the people who are con- ducting the survey. When that documentation is presented, he will make a report. Mr. Rodriquez thanked council, and returned to his seat. Mayor Hutto stated that during the past two or three weeks he had had people contact him regarding the develop- ment of Texas Avenue and recognized those individuals as follows: Steve Fischer, 2001 Wright Boulevard, stated that he supports the initiative taken by city council on Texas Avenue. This is an appropriate use of revenue sharing funds and is a use that has the potential to assist a very large portion of the citizens of Baytown. This is an area that everyone would like to see revived. The businesses that are there now are trying, but the potential for that area could provide a lot more revenue for the city which could assist the taxpayers with a reduced tax rate. This is also an opportunity for small businesses in the area, including an opportunity for minorities to start businesses there. There has been a lot of unfounded criticism, and the biggest thing that needs to be done is to educate the public more about what is to be done there. He concluded his statements by saying that he would like to hear the report when it is ready. Hardy White, President of the Baytown Chamber of Commerce, stated that the chamber understands that there may be some potential for small businesses to be developed in the Texas Avenue area, and the chamber would like to offer its help with any new business or expansions of existing businesses. The chamber views any addition to the city's economy at this time to be very positive. He stated that he appreciated the city's joint efforts in the planning of the Economic Development Seminar that is planned next week. He anticipated 51114 -4 Minutes of the Regular Meeting - November 14, 1985 that this will prepare the community leaders to move ahead in a positive direction with regard to economic development. He mentioned that as he looks around the community, he sees smaller businesses closing their doors and larger businesses cutting back. When this happens all businesses are affected. During times like these, everyone should work together for a common goal - -to improve the economic environment in Baytown. The chamber stands ready and willing to help any new business or existing business during these trying times. Reverend Holmes, Pastor of Greater St. John Baptist Church, stated that many of his constitutents feel that this study will provide many great facts and if the study is implemented will provide jobs and put money back into the Baytown economy. He urged council to move forward on the program to improve Baytown's economy. Mayor Hutto stated that he had received a call from a person representing the retired homeowners and asked if there was anyone present representing that group. No one was present, but the person who spoke with the Mayor stated that some of the group had to pay taxes this year and last year for the first time since retirement, and they are concerned that unless the tax base is broadened to get more industry /business to spread the tax burden, these people will be faced with paying more taxes. Mayor Hutto thanked all those who spoke, and stated that the contract was signed giving the contractor 4 to 8 months to return to council with a report. It has been less than 3 months since the contract was signed. He emphasized that the whole idea is to attempt to revitalize the area to make it a productive part of the community and to help broaden the tax base. Hold Public Hearing to Take Comments From the Public Regarding The $6,000,000 Baytown Industrial Development Corporation Variable Rate Demand Industrial Development Revenue Bonds Series 1985 ( Randall's Center Project) Mayor Hutto called the hearing to order and asked that anyone desiring to testify sign the register in the hallway. Mayor Hutto requested that the city attorney summarize the proposal on the issuance of these bonds. The attorney mentioned that the Baytown Industrial Corporation Board had earlier in the evening approved issuance of $6,000,000 Bay- town Industrial Development Corporation Variable Rate Demand Industrial Development Revenue Bonds Series 1985, along with the various agreements that are necessary to carry out the project. This is the means of financing the Randall's Center. Council's action is to approve the resolution, loan agreement, trust indenture and other documents that were earlier approved by the industrial development board. Nothing contained in these documents will bind the City of Baytown, nor the Baytown Industrial Development Corporation as being responsible for the bonds. The corporation issues the bonds, but Randall's is responsible to make all payments. The credit of the city is not involved in any manner. 51114 -5 Minutes of the Regular Meeting - November 14, 1985 Since there was no one in attendance indicating a desire to speak, Mayor Hutto closed the public hearing. Consider Proposed Resolution, Approving Resolution Authorizing Baytown Industrial Development Revenue Bonds, Series 1985 (Randall's Center Project) a Loan Agreement, a Trust Indenture, and Other Documents and Matters in Connection Therewith This matter was approved earlier by the Baytown Industrial Development Corporation Board. The administration recommended approval. Councilman Dickens moved for adoption of the resolution; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: Councilman Johnson For Certificate and Full Text of Resolution See Page No. 51114 -6. 51114 -6 Document No. 6.1 CERTIFICATE FOR RESOLUTION APPROVING RESOLUTION AUTHORIZING BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985 (RANDALL'S CENTER PROJECT); A LOAN AGREEMENT; A TRUST INDENTURE; AND OTHER DOCUMENTS AND MATTERS IN CONNECTION THEREWITH I, the undersigned Mayor of the City of Baytown, Texas (the "Unit "), hereby certify as follows: 1. The City Council (the "Governing Body ") of the Unit convened in session at the City of Baytown, Texas, on November 14, 1985 (the "Meeting "), at the designated meeting place, and the roll was called of the duly consti- tuted members of the City Council, to -wit: Emmett Hutto Perry Simmons Roy C. Fuller Fred Philips Jimmy Johnson Gerald Dickens Ron Embry Mayor Council Member Council Member Council Member Council Member Council Member Council Member All of such persons were present, except the following absentees: thus con- stituting a quorum. Whereupon a written: RESOLUTION APPROVING RESOLUTION AUTHORIZING BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985 (RANDALL'S CENTER PROJECT); A LOAN AGREEMENT; A TRUST INDENTURE; AND OTHER DOCUMENTS AND MATTERS IN CONNECTION THEREWITH (the "Resolution ") was duly moved and seconded and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: AYES: 6 NOES: 1 2. A true, full and correct copy of the Resolution is attached to and follows this Certificate; the Resolution has been duly recorded in the minutes of the Meeting; the above and foregoing paragraph is a true, full, and correct excerpt from the minutes of the .Meeting pertaining to the adoption of the Resolution; the persons named in the above and foregoing paragraph are the duly elected, qualified, and acting members of the Governing Body; each of such members was duly and sufficiently notified officially and personally, in advance, of the time, place, and purpose of the Meeting, and that the 51114 -7 Resolution would be introduced and considered for adoption at the Meeting, and each of such members consented, in advance, to the holding of the Meeting for such purpose; and the Meeting was open to the public, and public notice of the time, place, and purpose of the Meeting was given, all as required by Arti- cle 6252 -17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED this l4_ day of November, 1985. [SEAL] ATTEST: City Clerk -2- By n 'lop 10 Emmett Hutto, Mayor 51114 -8 RESOLUTION NO. 926 RESOLUTION APPROVING RESOLUTION AUTHORIZING BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION VARIABLE RATE DEMAND INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1985 (RANDALL'S CENTER PROJECT); A LOAN AGREEMENT; A TRUST INDENTURE; AND OTHER DOCUMENTS AND MATTERS IN CONNECTION THEREWITH WHEREAS, the Baytown Industrial Development Corporation (the "Issuer ") was created by the City Council (the "Governing Body ") of the City of Baytown, Texas (the "Unit ") pursuant to the provisions of the Development Corporation Act of 1979, Article 5190.6, Vernon's Texas Civil Statutes, as amended (the "Act "); and WHEREAS, the Unit has designated certain economically depressed areas ( "EDAs "), within which certain commercial projects can be financed pursuant to the terms of the Act; and WHEREAS, the Act and the rules of the Texas Economic Development Commission (the "Commission ") promulgated thereunder (the "Rules ") provide that commercial projects may be financed if they are within or immediately adjacent to an EDA as determined by a city and if the city has posted notice of and held a public hearing with respect to such project, approved the project and made the determinations and findings required by the Rules; and WHEREAS, the Project is located within the EDA, the Unit has posted notice and held a public hearing with respect thereto and by this Resolution approves the Project and makes the determination and findings required by the Rules and further the User has represented to the Unit and to the Issuer that (1) the User has no present intention of disposing of or abandoning the Proj- ect, (2) the User has no present intention of directing the Project to a use other than the purposes represented to the Unit and (3) the User will not, during the life of the Bonds, direct the Project to a use not authorized within the EDA; and WHEREAS, on November 14, 1985, the Issuer held a public hearing with respect to the Bonds and the Project to be financed with the proceeds of the Bonds following publication of notice in compliance with Section 103(k) of the Internal Revenue Code of 1954, as amended (the "Code ") , and the Issuer has provided information with respect to such public hearing to the Governing Body of the Unit; and WHEREAS, the Governing Body is the elected legislative body of the Unit, and a report of the public hearing held by the Issuer was submitted to the Governing Body and such report has been reviewed by the Governing Body; and -3- 51114 -9 WHEREAS, the Act provides that the Governing Body must, by written resolution adopted no more than sixty (60) days prior to the date of the sale of the Bonds, specifically approve the resolution of the Issuer providing for the issuance of the Bonds, and Section 103(k) of the Code requires that the "applicable elected representative ", which with respect to the Bonds is the Governing Body, approve the Bonds prior to issuance; and WHEREAS, Section 103(n) of the Code requires that certain "private activity bonds" (as defined in such Section) must come within the issuing authority's private activity bond limit for the applicable calendar year in order to be treated as a tax - exempt obligation; and WHEREAS, the private activity bond limit for the State of Texas has been allocated for 1985, in the manner authorized by Section 103(n) of the Code, by the Texas Legislature as provided in Article 5190 -9, Vernon's Texas Civil Statutes, as amended ( "Article 5190 -9 "); and WHEREAS, Article 5190 -9 of its present intent to deliver with the Texas Economic Developme; amount of the Bonds, the purpose applicable to the Bonds in order 1985 private activity bond limit and requires the Issuer to file a notification an issue of such "private activity bonds" at Commission, setting forth the maximum face of the Bonds and the Section of the Code to reserve for the Bonds a portion of the for the State of Texas (the "Allocation "); WHEREAS, the Allocation is made to the Unit, but the Unit will assign the Allocation to the Issuer; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS THAT: Section 1. The Resolution Authorizing Baytown Industrial Devel- opment Corporation Variable Rate Demand Industrial Development Revenue Bonds, Series 1985 (Randall's Center Project); a Loan Agreement; a Trust Indenture; and Other Documents and Matters in Connection Therewith, adopted by the Issuer on November 14, 1985 (the "Resolution "), a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby specifically approved. Section 2. The Governing Body hereby specifically approves (i) the Bonds as required by Section 103(k) of the Code and (ii) the project (the "Project ") and the Governing Body finds and determines that the proposed Project is within an EDA as previously designated by the Unit, that the Project conforms with the limitations specified in its resolution designating the EDA, that the Project will contribute significantly to the fulfillment of -4- 51114 -10 the redevelopment objectives of the Unit for the EDA and that the Project and the Bonds are in furtherance of the public purposes of the Act. Section 3. The approval herein given is in accordance with the provisions of Section 25(f) of the Act and is not to be construed as any un- dertaking by the Unit, and such Bonds shall never constitute an indebtedness or pledge of the Unit, or the State of Texas, within the meaning of any con- stitutional or statutory provision, and the holder of such Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxa- tion or any other revenues of the Issuer, the Unit, or the State of Texas except those revenues assigned and pledged by the Resolution. Section 4. The Allocation is hereby assigned and transferred to the Issuer pursuant to Article 5190 -9. Section 5. The programs and expenditures authorized and contem- plated by the aforesaid documents are hereby in all respects approved. Section 6. The Mayor and City Clerk of the Unit and the other officers of the Unit are hereby authorized, jointly and severally, to execute and deliver such endorsements, instruments, certificates, documents or papers necessary and advisable to carry out the intent and purposes of this Resolution. City Clerk (SEAL) 1185072 WP0563 PASSED AND APPROVED this 14th day of November, 1985. By A9!!_0 L-v g - 0(_J�� Emmett Hutto, Mayor -5- 51114 -11 Minutes of the Regular Meeting - November 14, 1985 Consider Request from the Baytown Kiwanis Club to Construct a War Memorial in Bicentennial Park Council was provided a copy of the sketch of the pro- posed monument and the proposed location. This is a project that the Baytown Kiwanis Club has been working on for several months. They coordinated their planning with Mr. Rountree who has taken the request to the parks board. The Parks board approved the location of the monument at the Bicen- tennial Park. The Kiwanis Club will be responsible for the full cost of the project which is approximately $12,500. The structure will be of granite. The administration recommended approval. Councilman Johnson moved to approve the request; Councilman Dickens seconded the motion. In response to inquiry from Council, the monument will be approximately 12 feet high and 4 feet wide. Several different locations were considered in the park, but this seemed to be the location to provide the best visibility. Mr. Lanham reminded council that since the Bicentennial Park is a joint effort between the City of Baytown and the school district, the school district must also grant approval for placement of the monument. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None Consider Proposed Resolution, Transferring Funds from Contingency Account to Various Budget Accounts to Cover Over Expenditures in the 1984/85 Budget Each year the administration presents a transfer resolution for council consideration after the books are closed to seek approval to transfer money from the contin- gency fund to various budget accounts. The total amount that will be transferred from the general fund contingency is $128,373, and the greatest amount is to be transferred into the buildings fund for the post office acquisition. The transfer from the water contingency fund is $11,003. The transfers are smaller than in the past which Mr. Lanham pointed out reflects the good stewardship of the city's budget on the part of the department heads. The adminis- tration recommended approval of the resolution. Councilman Dickens moved for adoption of the resolution; Councilman Philips seconded the motion. In response to inquiry from council, Mr. Lanham explained that in preparation of last year's budget sufficient monies were not included in the BAWA personal services account to cover the extra funds that are paid for those employees who are licensed. The vote follows: 51114 -12 Minutes of the Regular Meeting - November 14, 1985 Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None RESOLUTION NO. 927 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO TRANSFER $128,373.00 FROM THE CONTINGENCY ACCOUNT TO VARIOUS GENERAL FUND ACCOUNTS; $11,003 FROM THE WATER CONTINGENCY ACCOUNT TO THE WATER AND SEWER FUND ACCOUNT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Resolution, Authorizing the Creation of a Rural Fire Prevention District to Serve the Area North of Farm to Market Road 1942 Council was provided with a copy of the letter from Mr. Foster with the Crosby Volunteer Fire Department making the request, along with a map indicating the boundaries of the proposed district. This request is a little different from the district proposed earlier in that that one included not only properties that were in an industrial district of the city, but some of the property was actually in the city limits of the city. The administration feels that this is an appropriate action to be taken and recommended approval. Councilman Johnson moved to adopt the proposed resolution; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None RESOLUTION NO. 928 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONSENTING TO THE CREATION OF A RURAL FIRE PREVENTION DISTRICT WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Approving Allocation Agreements with San Jacinto Place Municipal Utility District Nos. 1 and 2 Over a period of a couple of years, the city has been working with representatives of San Jacinto Place Municipal Utility District Nos. 11 2, 3 and 4. These districts are to encompass the west and south portions of San Jacinto Mall. The developers are now ready to take the additional steps to move ahead on District Nos. 1 and 2. 51114 -13 Minutes of the Regular Meeting - November 14, 1985 The city attorney reminded council that whenever a utility district is created and a city, at a later date decides to annex that property, the city assumes the district's debts and services. However, there was some legislation adopted a few years ago which allowed a municipal utility district and a city to enter into an allocation agreement such as is being proposed. What the agreement allows is for annexation at a later date by the city, but the district continues to operate as a separate utility district. The agreement allocates how the taxes are to be collected. Under the proposed agreements, the City of Baytown would collect all the taxes, and the district is obligated to raise its water and sewer rates to a level sufficient to pay off the indebtedness on their bonds. Therefore, theoretically the City of Baytown could annex these districts within 5 years, tax them, but they would still remain a separate entity and responsible for their own bonds. Council conditioned approval of all 4 districts on contingency that the allocation agreements would be entered into. When the areas are annexed, the city would provide all services with the exception of utility services. The administration recommended approval of the ordinance. Councilman Dickens moved to adopt the ordinance; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE NO. 4306 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO ALLOCATION AGREEMENTS WITH SAN JACINTO PLACE MUNICIPAL UTILITY DISTRICT NO. 1 AND SAN JACINTO PLACE MUNICIPAL UTILITY DISTRICT NO. 2; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Approving Wastewater Disposal Contract Between City of Baytown and San Jacinto Place Municipal Utility District Nos. 1 and 2 The city attorney stated that the contracts are the standard contracts that are required of any entity requesting this type service. On Page 12, Article 5, District No. 1 will pay a capital buy -in fee of $1.50 a gallon and based on projected usage, they will have to pay the city $190,125 within two weeks after the sale of their bonds or within one year of the date of the contract. Customers within the utility district will pay the same rate as City of Baytown customers. The other blank on the contract, Page 19, the term of the contract is left blank. The counsel for the district has requested that the period be 30 years because of the length of their bonds. The city attorney stated that he would recommend doing that. 51114 -14 Minutes of the Regular Meeting - November 14, 1985 In contract No. 2, the figure is $308,925 payable within two weeks after the bond sale or within one year of the date of the contract, and on Page No. 19, the term would be 30 years. Johnnie Busch representing the districts appeared to request that the contracts be changed to reflect that pay- ment must be made within two weeks of the sale of the bonds or not longer than two years. The city attorney clarified that any sale of bonds would trigger the provision of the contract making the payment of the capital buy -in due within two weeks of the sale. Councilman Dickens moved to adopt the ordinance including the suggested change by Mr. Busch; Councilman Simmons seconded the motion. In response to questions from council, Mr. Lanham stated that the $1.50 capital buy -in fee was determined by Langford Engineering and pointed out that the customers of the district will be paying the same rate as City of Baytown residents. Mr. Busch, in response to a question concerning drainage, stated that four districts will ultimately be developed and in one is included a golf course which will provide for extensive storm water retention. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE NO. 4307 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO WASTEWATER DISPOSAL CONTRACTS WITH SAN JACINTO PLACE MUNICIPAL UTILITY DISTRICT NO. 1 AND SAN JACINTO PLACE MUNICIPAL UTILITY DISTRICT NO. 2; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Second and Final Reading on Annexation of Portions of Hoesch Tubular Products, Chevron and Amoco The necessary public hearings have been held on the proposed annexations without any opposition. Also, the first reading on the ordinance has been held. The administration recommended adoption of the ordinance. Councilman Philips 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 Hutto Nays: None 51114 -15 Minutes of the Regular Meeting - November 14, 1985 ORDINANCE NO. 4286 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF PORTIONS OF HOESCH TUBULAR PRODUCTS, AMOCO AND CHEVRON, WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance, Authorizing Industrial District Agreement with Hoesch Tubular Products Wolfgang Schmidt requested that council delay action on this item to a later meeting, because he would like to be in attendance when the matter is considered. Consider Proposed Ordinance, Authorizing Industrial District Agreement with Amoco When Gulf Oil Corporation sold to Amoco, it became necessary for the City of Baytown to negotiate an industrial district contract with Amoco. This contract is consistent with existing industrial district agreements; therefore, the administration recommended approval of the ordinance. Councilman Simmons 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 Hutto Nays: None ORDINANCE NO. 4308 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH AMOCO CHEMICALS CORPORATION AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Amending Chapter 17, "Miscellaneous Provisions and Offenses" to Establish a Standard of Care for Officers, Agents and Employees of the City of Baytown When Responding to Emergency Situations The Texas Supreme Court has recently decided that in order for there to be an exception to the waiver of sovereign immunity when responding to an emergency, there must be an ordinance or statute governing response to emergency action. In order to protect the city and its employees in responding to an emergency, the administration recommended adoption of the proposed ordinance to establish a standard of care for emergency action. The ordinance is general in nature for it would be too difficult to write an ordinance covering each emergency possibility and each type of action to be taken in those specific cases. 51114 -16 Minutes of the Regular Meeting - November 14, 1985 In response to questions from council, the city attorney stated that there has been no test of such an ordinance in the courts, but this ordinance is similar to ordinances which have been adopted by other cities. Councilman Johnson 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 Hutto Nays: None ORDINANCE NO. 4309 AN ORDINANCE AMENDING CHAPTER 17, "MISCELLANEOUS PROVISIONS AND OFFENSES," OF THE CODE OF ORDINANCES TO ESTABLISH A STANDARD OF CARE FOR OFFICERS, AGENTS AND EMPLOYEES OF THE CITY OF BAYTOWN RESPONDING TO EMERGENCY SITUATIONS; REPEALING INCONSISTENT ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Awarding Bid for East Little League Ballfield Lighting Four bids were received. The bid of H &H Electric was much lower than the other bids. Their bid was for $12,501.72 and the next low bid was $21,794. H &H Electric took another look at their bid to find that they had made a number of mistakes, and they have written a letter asking that they be allowed to withdraw their bid. The administration felt that this is a reasonable request and recommended that the bid be awarded to the second low bidder, Tex -All. Councilman Dickens moved to adopt the ordinance; Council- man Johnson seconded the motion. In response to a question from council, the city attorney explained that the common law dealing with bids is that once a person makes a bid, generally a bid can be withdrawn before acceptance if proper notice is given. Once the bids are open no withdrawal is allowed except in certain circumstances which have been set forth by the courts, as follows: (1) the mistake is of so great a consequence that to enforce it would be unconscionable, (2) the mistake relates to a material feature of the contract, (3) relief of the bid must not result in prejudice to the city other than the loss of the city's bargain, and (4) the mistake must not have resulted from cupable negligence or the violation of a positive legal duty. From looking at the bid and the letter of explanation, the bidder meets each aspect of the statute to allow withdrawal. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None 51114 -17 Minutes of the Regular Meeting - November 14, 1985 ORDINANCE NO. 4310 AN ORDINANCE ACCEPTING THE BID OF TEX -ALL FOR THE EAST LITTLE LEAGUE BALLFIELD LIGHTING CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWENTY -FIVE THOUSAND NINE HUNDRED THIRTY -SIX AND N01100 ($25,936.00) DOLLARS. Consider Request of Bay Area Heritage Society to Relocate the Old Wooster School House to the Republic of Texas Plaza Site on North Main The Heritage Society is requesting a commitment from council for a site to relocate the old Wooster School House at the Republic of Texas Plaza. All costs (moving, restor- ation, continual upkeep, and utility costs) will be borne by the Heritage Society. The Parks and Recreation Advisory Board has considered this request, and along with the Parks and Recreation Department staff, feel this will be an attractive addition to the Republic of Texas Plaza. The administration recommended approval of the request. Councilman Johnson moved to approve the request of Bay Area Heritage Society to relocate the old Wooster School House to the Republic of Texas Plaza; Councilman Embry seconded the motion. Councilman Johnson commented that when he attended school at Burnet Elementary, that building was used as the cafeteria. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, and Fuller Mayor Hutto Nays: None Abstained: Councilman Dickens Receive Solid Waste Disposal Report A few weeks ago, Mayor Hutto was contacted by Mayor Whitmire's office and asked to attend a meeting in Houston where Houston's plans for the possible development of a waste to energy plant were discussed. At that time the cities were asked to indicate if they might be interested in taking waste from their cities to this new plant, if and when, it is constructed. Baytown's contract with Hazelwood expires in April; therefore, this seemed an appropriate time to ask Mr. Dykes to make a study of Baytown's situation, compare the available options and prepare a report for presentation to council. Norman Dykes, Director of Public Works /City Engineer, reported that the report provides some background as to what is available or what will be available in this area in the future. The City of Houston information is included in the report, along with information about American Ref -Fuel. 51114 -18 Minutes of the Regular Meeting - November 14, 1985 Both facilities will be very similar. They will be burning solid waste and converting that to electricity. The City of Houston has no plans to produce steam; however, Ref -Fuel has indicated that they have a couple of plants near their proposed facility to which they may sell steam. Basically, both plants are thinking in terms of converting solid waste to electricity, and both are working on contracts with Houston Lighting and Power Company. It appears that both companies will be on line in late 1988 or early 1989. Presently, the City of Baytown is utilizing the Hazel- wood landfill, and every 3 or 4 years, the city takes bids for solid waste disposal. Hazelwood has been the successful bidder since the City of Baytown closed its landfill oper- ations. That landfill has 13 to 18 years of remaining usefulness, and he has purchased some adjacent land, over 50 acres, which is not permitted as yet. Mr. Dykes could see no hindrance that would prohibit Mr. Hazelwood from permitting the additional property. At the present usage, there should be 15 to 20 years of life in the Hazelwood landfill. Mr. Dykes stated that he felt the requirements to operate landfill facilities are going to be more stringent in the future, but Mr. Hazelwood has no problem with ground water seepage. He has monitoring wells which show no signs of ground water. Therefore, he may be able to escape requirements that are going to be placed on others. There is another landfill located in the area on Highway 90. In times past, when the city has solicited bids, at least two bids have been received. Mr. Dykes ended his presentation by stating that Baytown needs to follow the progress of the two available resource recovery facilities, and when they are complete, they will know better at that time what the use of the facility will cost. The City of Baytown will be going out for bids in the future which will provide these facilities with the opportunity to bid. Therefore, he suggested that the city notify the City of Houston that Baytown has another option at the present, but the city will be monitoring the progress of the waste recovery facilities and does have an interest for the future. Council agreed that Charles Ware with the City of Houston should be notified that the City of Baytown is not interested in the resource recovery facility at the present time, but would perhaps be interested in that facility in the future. Mr. Lanham reminded council that the contract with Hazelwood expires shortly; therefore, the administration would be seeking bid proposals within the next couple of. months. Consider Plans and Specifications for a Concrete Channel and Authorize Advertisement for Bids Mr. Dykes presented council with a drawing of the pro- posed channel which is a low water flow from where the inflow pipe will be installed to the outflow pipe through the lower section of the Tenth Street Detention Pond /Park. This allows 51114 -19 Minutes of the Regular Meeting - November 14, 1985 the area to drain to a concrete drain which would run through the property. The channel will be 12 feet wide and 6 inches thick. The staff is asking for a lump sum bid which bids are due December 3. The estimated cost of the project is $17,000. Councilman Philips moved to approve the plans and specifications for a concrete channel and authorize adver- tisement for bids; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, rIII Embry, Fuller and Dickens Mayor Hutto Nays: None Questions Regarding Flooding During Recent Rains Norman Dykes in response to an inquiry from council stated that during the rains this past week there was no water in homes, only street flooding. Baytown apparently did not have the concentration of rain that was experienced in the Houston area. Consider Plans and Specifications of Fire Station to be Located at Tenth and East Fayle Mr. Lanham stated that Bitsy Davis was present to review the plans and specifications with council. He also mentioned that both he and Chief McBride had reviewed the plans and changes had been made in the plans from time to time. After review of the plans and specifications, council may authorize the administration to advertise for bids or may ask that they be brought back with changes at a later date. Based on Mr. Davis' estimate, the project is within, the budget which had been established for this station. Mr. Davis reported that the building is essentially a "T" shaped building and the left wing of the "T" which is the west side will be devoted to living quarters for the firemen. The station is open 7 days a week, 24 hours a day with approximately 7 men per shift. The station will accomodate that number of employees. The west wing is zoned in two air conditioning zones so that there is a sleeping zone and an active zone. There is no air condi- tioning in the east zone which is the garage wing. Four vehicles can be accomodated there. The building contains about 8700 square feet. The building is as simple, clean and unadorned as possible because of the tight budget and low maintenance. This is a pre- engineered metal building with brick veneer. The architect is suggesting that a base bid be taken using a standard pre -form metal fascia around the building and an alternate bid to add softness to structure. The architect has designed a building that can be constructed within a relatively short period of time with the contractors and materials readily available. Several 51114 -20 Minutes of the Regular Meeting - November 14, 1985 sets of the specifications will be circulated among the local contractors. Mr. Davis said that there should be a number of contractors interested in bidding. The idea is to get the job bid before Christmas and possibly even award the contract prior to Christmas. Mr. Davis stated that the roof is a 1 on 12 pitch, but the roof is to be of metal construction. The roof pitches right down the middle of the building over the garage and the pitch is toward the door. This is a standard pitch for this type building, and the architect felt that this roof would give adequate drainage. The roof will be covered from sight by the fascia. The roof is of galvanized metal with a 20 year guarantee and a Class A uplift rating for insurance purposes. Mayor Hutto pointed to the fact that council is concerned with a built -up type construction on the roof even if it is metal. He wanted to know the track record of the roof because of the possible maintenance within 4 or 5 years. Mr. Davis said that he believes there is evidence of roofs of this nature lasting 20 years without excessive leaking. This is about all that the city can afford and stay within its budget. There are many roofs on the market that would carry a better guarantee, but he wasn't certain that these roofs would be worth the difference in costs. There are coatings that can be applied to the roof to minimize corrosion at a moderate cost. With respect to noise in the sleeping area, Mr. Davis said that there will not be a big problem because there is a very thick insulation up against the roof with an air space where the attic is, and then there is the accoustical ceiling in all the living areas. Chief McBride, in response to inquiry from the Mayor, stated that the plans had been available in his office for review by the firemen. Mayor Hutto again emphasized his concern about the roof and Mr. Davis stated that he would do more research on that and would get the council an answer on it. Councilman Simmons moved to approve the plans and specifications and to authorize the advertisement for bids; Councilman Philips seconded the motion.. The vote follows: Mayor Hutto inquired concerning the status of the other two fire stations and the pumpers. Chief McBride responded that Jan Lammers is working on his plans and will probably have something ready for the meeting in December. Mayor Hutto said that there is a meeting scheduled for November 26 and that would be a good time to present those if at all possible. The pumpers have been ordered and the fire truck is being rebid. Delivery on the pumpers is 220 days. 51114 -21 Minutes of the Regular Meeting - November 14, 1985 Consider Plans and Specifications for the Police Department and Municipal Court Micro - Computer Specifications have been rewritten and council has been given a memorandum that indicates the major changes that have been made. Larry Patterson, Assistant City Manager, mentioned that enclosed in the council packet are the speci- fications, if approved, which will be advertised for bids. He mentioned that as indicated in the memorandum from the purchasing agent, the staff did change those areas in which there seemed to be confusion the last time bids were adver- tised. In these specifications, the staff has clarified as much as possible the quantity of CPU's, disks, and equipment that is required. The criteria for evaluation has been in- dicated and how the staff will proceed with evaluation has also been indicated. The financial stability requirements have been expanded to give some flexibility to those privately held companies so that they can meet the bid specifications. This has been checked through the vendors that will probably be bidding, and they have not expressed any concern. If the specifications are approved by council, another pre -bid conference will be scheduled and the same procedure as last time will be followed. The adminintration recommended approval of the bid specifications. Councilman Dickens moved to approve the specifications and authorize the administration to advertise for bids; Councilman Johnson seconded the motion. In response to inquiry from council, Mr. Patterson stated that the administration in the specifications is still asking for an audited financial statement, but this will basically apply to public companies. Some of the private companies had some problem with providing that so the staff has devised a method of checking financial stability based on ratios which will satisfy basically the same sort of guarantees as a financial statement. Both Council members Embry and Fuller expressed concern that these ratios would not give a true picture of the companies financial stability. The vote follows: Ayes: Council members Philips, Johnson, Simmons and Dickens Mayor Hutto Nays: None Abstained: Council members Embry and Fuller Consent Agenda Councilman Dickens asked that Consent Agenda Items h and i be removed for separate consideration. The remainder of the Consent Agenda was considered as follows: 51114 -22 Minutes of the Regular Meeting - November 14, 1985 a. Proposed Ordinance No. 51114 -8, will award the bid for a complete set of deed restrictions. Bids were mailed to four vendors and we received two proposals. Bay Title submitted the low bid of $3,186. We recommend the low bidder, Bay Title Company, be awarded this contract. b. Proposed Ordinance No. 51114 -9, will award the bid for the annual carrier service for bank deposits contract. This service will be for the Finance Department and Muncipal Court. Bids were sent to four vendors and two bids were received. Brinks, Inc. submitted the low bid of $5,400. We recommend the low bidder, Brinks, Inc. be awarded this contract. C. Proposed Ordinance No. 51114 -10, will award the bid for silent radio alarm kits. Bids were mailed to three vendors and only one bid was received. The Varda Company submitted that bid in the sum of $8,562.65. We recommend the low bidder, Varda Company, be awarded this contract. d. Proposed Ordinance No. 51114 -11, will award the bid for a pneumatic earth piercing tool. Bids were mailed to seven companies, two proposal were received. Barco Municipal Products submitted the low bid of $4,086.50. This product will be used in our Utility Construction Division. The budgeted estimate for this purchase was $4,500. We recommend the low bidder, Barco Municipal Products, be awarded this contract. e. Proposed Ordinance No. 51114 -12, will award the bid for body repair and replacement on the sludge spreader truck for the Wastewater Plant. Bids were mailed to four vendors and only one proposal was received. Doc Brewer Auto Center submitted that bid in the sum of $8,269.94. We recommend the low bidder, Doc Brewer Auto Center, be awarded this contract. 51114 -23 Minutes of the Regular Meeting - November 14, 1985 f. Proposed Ordinance No. 51114 -13, will award the contract for construction of the East Little League Concession Building and Paving. Four bids were received. Jaho submitted the low bid of $92,803.50. The bid under the name of Jaho is in reality H. B. Hamilton Construction Company, a local firm which has done numerous jobs of this magnitude for the city and commercial interests. They are fully capable of handling this project and we recommend that they be awarded the contract as low bidder. g. Proposed Ordinance No. 51114 -14, will award the bid for the annual selective herbicide contract. Bids were sent to ten vendors and three bids were received. Helena Chemical Company submitted the low bid of $8,340. This is a price decrease of 7% over last year's price. These chemicals will be used in the Parks and Recreation Department. We recommend the low bidder, Helena Chemical Company, be awarded this contract. j. Proposed Ordinance No. 51114 -17, will award the bid for plant materials at the Republic of Texas Plaza. Bids were mailed to nine companies and three proposals were received. Altex Wholesale Nursery was the low bidder on Items 1, 2, 4, 6, 7, and 8. Abbott Landscaping was the low bidder on Items 3 and 5. The total bid amount for these plant materials was $4,164. We recommend the low bidders, Altex Wholesale Nursery and Abbott Landscaping, be awarded this contract. k. Proposed Ordinance No. 51114 -18, will award the contract for Janitorial Services. This contract is for the Police and Municipal Court. Bids were mailed to twelve vendors and one proposal was received. Blanchard's Office Cleaning Service submitted the lone bid of $14,400. We have budgeted $18,000 for this service. We recommend the low bidder, Blanchard's Office Cleaning Service, be awarded this contract. 1. Proposed Ordinance No. 51114 -19, will award the bid for reroofing of the City Hall. Eight bids were mailed and two proposals were received. Michalsky Roofing submitted the low bid of $53,165. The low bidder has a good record of roofing application using the cold process built -up roofing system. We have budgeted $55,000 for this in the 603 Account for repairs and maintenance to the City Hall building. This will leave a remainder in that account of $1,835. If additional repairs 51114 -24 Minutes of the Regular Meeting - November 14, 1985 are needed for the building during this year, the administration may have to ask Council for a transfer of monies from Contingency to handle those depending upon the size and amount of those projects. We recommend the low bidder, Michalsky Roofing, be awarded this contract. m. Proposed Ordinance No. 51114 -20, will establish speed limits during construction of a portion of IH -10 (East) within the corporate limits of Baytown. Enclosed in the packet is a copy of a letter from Mr. H. F. Garrison with the State Dept. of Highways requesting reduced speed zone in the interest of safety while the Highway Department is repairing embankment slopes and constructing U- turn lanes along IH 10 (East) in Harris County. The project has an anticipated February 1986 letting. The requested speed zones are 40 mph on the main lanes and 35 mph on the frontage roads. We recommend approval of Proposed Ordinance No. 51114 -20. Councilman Johnson moved for adoption of the Consent Agenda, Items a through g and j through m; Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE NO. 4311 AN ORDINANCE ACCEPTING THE BID OF BAY TITLE COMPANY FOR THE COMPLETE SET OF DEED RESTRICTIONS AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND ONE HUNDRED EIGHTY -SIX AND N01100 ($3,186.00) DOLLARS. (Proposed Ordinance No. 51114 -8) ORDINANCE NO. 4312 AN ORDINANCE ACCEPTING THE BID OF BRINKS, INC. FOR THE ANNUAL CARRIER SERVICE OF BANK DEPOSITS AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FIVE THOUSAND FOUR HUNDRED AND N01100 ($5,400.00) DOLLARS. (Proposed Ordinance No. 51114 -9) ORDINANCE NO. 4313 AN ORDINANCE ACCEPTING THE BID OF VARDA COMPANY FOR THE PURCHASE OF SILENT RADIO ALARM KITS AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF EIGHT THOUSAND FIVE HUNDRED SIXTY -TWO AND 65/100 ($8,562.65) DOLLARS. (Proposed Ordinance No. 51114 -10) 51114 -25 Minutes of the Regular Meeting - November 14, 1985 ORDINANCE NO. 4314 AN ORDINANCE ACCEPTING THE BID OF BARCO MUNICIPAL PRODUCTS FOR THE PURCHASE OF A PNEUMATIC EARTH PIERCING TOOL AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FOUR THOUSAND EIGHTY -SIX AND 50/100 ($4,086.50) DOLLARS. (Proposed Ordinance No. 51114 -11) ORDINANCE NO. 4315 AN ORDINANCE ACCEPTING THE BID OF DOC BREWER AUTO CENTER FOR THE BODY REPAIR AND REPLACEMENT ON SLUDGE SPREADER TRUCK AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF EIGHT THOUSAND TWO HUNDRED SIXTY -NINE AND 94/100 ($8,269.94) DOLLARS. (Proposed Ordinance No. 51114 -12) ORDINANCE NO. 4316 AN ORDINANCE ACCEPTING THE BID OF JAHO FOR THE EAST LITTLE LEAGUE BALLFIELD CONCESSION BUILDING CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF NINETY -TWO THOUSAND EIGHT HUNDRED THREE AND 50/100 ($92,803.50) DOLLARS. (Proposed Ordinance No. 51114 -13) ORDINANCE NO. 4317 AN ORDINANCE ACCEPTING THE BID OF HELENA CHEMICAL COMPANY FOR THE ANNUAL SELECTIVE HERBICIDE CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF EIGHT THOUSAND THREE HUNDRED FORTY AND N01100 ($8,340.00) DOLLARS. (Proposed Ordinance No. 51114 -14) ORDINANCE NO. 4318 AN ORDINANCE ACCEPTING THE BID OF ALTEX NURSERY COMPANY AND ABBOT LANDSCAPING FOR THE PURCHASE OF SESQUICENTENNIAL PLANT MATERIALS AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FOUR THOUSAND ONE HUNDRED SIXTY -FOUR AND N01100 ($4,164.00) DOLLARS. (Proposed Ordinance No. 51114 -17) ORDINANCE NO. 4319 AN ORDINANCE ACCEPTING THE BID OF BLANCHARD'S OFFICE CLEANING SERVICE FOR THE ANNUAL CONTRACT FOR JANITORIAL SERVICES AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FOURTEEN THOUSAND FOUR HUNDRED AND N01100 ($14,400.00) DOLLARS. (Proposed Ordinance No. 51114 -18) 51114 -26 Minutes of the Regular Meeting - November 14, 1985 ORDINANCE NO. 4320 AN ORDINANCE ACCEPTING THE BID OF MICHALSKY ROOFING FOR THE RE- ROOFING OF CITY HALL AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FIFTY -THREE THOUSAND ONE HUNDRED SIXTY -FIVE AND N01100 ($53,165.00) DOLLARS. (Proposed Ordinance No. 51114 -19) ORDINANCE NO. 4321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING A PRIMA FACIE SPEED LIMIT OF 40 MPH ON THE MAIN LANES AND 35 MPH ON FRONTAGE ROADS DURING CONSTRUCTION ON INTERSTATE HIGHWAY 10; 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. (Proposed Ordinance No. 51114 -20) For bid tabulation, see Attachments "A" through "J ". Consider Proposed Ordinances, Awarding Housing Rehabilitation Contracts for 605 Denby and 103 W.' Francis Councilman Dickens had asked that these two items be removed from the consent agenda because of questions con- cerning one of the low bidders, Uranus Palton. He had received a complaint from one of the owners of a rehabil- itation project and inquired as to the procedures followed by the community development staff regarding the contractors. Jerry Fletcher, Community Development Planner, was present and stated that each contractor is given a specific set of guidelines to be adhered to and that when complaints are made against any contractor, those complaints are thoroughly checked. If the contractor is found to be at fault, immediate action is taken. There have been contractors who were removed from the bidders list for such infractions. Upon completion of the job, the job is inspected by Mr. Fletcher, Bill Cornelius and the inspection department. The owner is requested to sign off stating that the work was done in a satisfactory manner. Councilman Simmons moved to adopt the ordinances; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None ORDINANCE No. 4322, AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOP- MENT REHABILTIATION PROJECT 085- 04 -01R TO URANUS PALTON FOR THE SUM OF ELEVEN THOUSAND NINE HUNDRED NINETY -NINE AND N01100 ($11,999000) DOLLARS. 51114 -27 Minutes of the Regular Meeting - November 14, 1985 ORDINANCE NO. 4323 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #85 -04 -05 TO WEST ENTERPRISES FOR THE SUM OF TEN THOUSAND FIVE HUNDRED SEVENTY -SIX AND N01100 ($10,576.00) DOLLARS. For bid tabulation, see Attachment "K." Consider Proposed Resolution, Designating the City of Baytown's Representative and Alternate to the General Assembly of the Houston - Galveston Area Council for 1986 Councilman Dickens moved that Councilman Philips be appointed as the City of Baytown's representative and that Councilman Simmons be appointed as the City of Baytown's alternate to the General Assembly of the Houston - Galveston Area Council for 1986; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Hutto Nays: None RESOLUTION NO. 929 A RESOLUTION APPOINTING FRED PHILIPS AS REPRESENTATIVE OF THE CITY OF BAYTOWN TO THE BOARD OF DIRECTORS AND THE GENERAL ASSEMBLY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 1986 AND PERRY SIMMONS AS ALTERNATE SHOULD FRED PHILIPS BECOME INELIGIBLE OR RESIGN. City Manager's Report Rollingbrook Traffic Study - Council was provided with _a copy of the Rollingbrook Traffic Study which indicated that Rollingbrook has been successful in diverting traffic from Baker and Park Streets and that it has also encouraged more east /west traffic to use Massey Tompkins. The improvements that have been made to Massey Tompkins and that are being made will further encourage use of that road. Drainage - City crews have been working primarily on problems that surfaced during the heavy rains of 3 or 4 weeks ago. A crossing has been installled across Wildwood near Jasmine. Additional pipe has been installed near Post Oak near North Burnet and ditch work has been performed in that area. An additional inlet box has been constructed, and the ditch has been cleaned at Schreck and Bayway Drive. Two inlet boxes have been installed at Country Club View, and an inlet box and about 150 feet of pipe have been installed on Scenic Drive. 51114 -28 Minutes of the Regular Meeting - November 14, 1985 The engineering study of the drainage problems that were experienced in Lakewood is being performed, and the staff is working with the Harris County Flood Control District in that regard because in order to correct the problems, it will be necessary for the flood control district to make improvements in some of their ditches. Massey Tompkins at North Main Improvement - The contractor has begun work on the project. East District Sewer Project - The contractor has been delayed on the lift station work for several weeks because of delivery of pumps and motors, but those are scheduled for shipment in mid - December, and the contractor should be able to continue on the lift station work. The contractor has completed the installation of the force main piping, almost 7,000 feet. The total project is about 60% complete. Bridge over Goose Creek at West Main - A few meetings ago, council approved an agreement with the highway department for the replacement of the West Main Bridge. In that agreement, it was indicated that the City of Baytown would pay 10% of the estimated costs within a short time after the contract was signed. The highway department is now requesting that payment be made. Therefore, the administration plans to pay the $146,000 out of the street bond funds that are available. This is an appropriate expenditure of the funds, and this is necessary if the city wants this project to move ahead. Mr. Lanham pointed out that the city's total obligation is 20% of $1,460,000; Council expressed no ob- jections. Massey Tompkins Elevated Water Tower - Bids have been received and are being evaluated on the Massey Tompkins Elevated Water Tower. General Electric - Cogeneration Plant - Councilman Simmons mentioned that General Electric is planning to construct a cogeneration plant near Mobay and asked if the city manager had been contacted concerning a possible industrial agreement. The city manager indicated that he had not been contacted in this regard. Adjourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk CITY OF BAYTOUN BID TABULATION TITLE: COMPLETE SET OF DEED RESTRICTIONS BID NJIBER: 8504 -121 DATE: 10-29-85 2:00 P.M. Attachrmt "A" STATEWIDE TITLE CO. BAY TITLE CO. 1ST AMERICAN TITLE ; HERITAGE TITLE CO. :ITEM; QTY ;UNIT DESCRIPTION UNIT PRICE:EXT. PRICE:UNIT PRICE;EXT. PRICE ;UNIT PRICE;EXT. PRICE;tAJIT PRICE;EXT. b of ; lot ; Complete set of Deed 320, 000.00; 620.000.001 S 3,150.003 3,150.00; NO RESPONSE ; NO RESPONSE Restrictions, per specifications. ; 2 ; lot ; lot ; ALTERNATE: Complete set ; ; 33,186. 3,186. QO 3 3.186.00: of Deed Restrictions delivered in manilla , legal folders. , BIDS WERE MAILED TO FOUR VENDORS. CITY OF BAYTOVN 810 TABULATION fLE: ANNUAL CARRIER SERVICE OF BANK DEPOSITS I NUMBER: 8509 -119 10-16 -85 2:00 P.M. Attaal -rent "B l ' LOOMIS ARMORED INC . ; Wtu a rnnuu nnnuxLu nuunn ,nnna�un, TER; QTY ;UNIT ;DESCRIPTION ' PRICE; ;UNIT PRICE;EXT PRICEIUNIT PRICE'EXT PRICE WNIT PRICEIEXT: PRICEIUNIT P RICE;EXT. ANNUAL CARRIER SERVICE 1 I I I NO RESPONSE NO RESPONSE 1 OF BANK DEPOSITS, ' per specifications. + ' CITY MALL: 231.00 1: 2,772.001 225.00 1s 2,700.00; MUNICIPAL COURT: 1 231.00 11 2,772.001 225.00 3 2.100.001 1 1 1 TOTAL: 1 1f 5.544.001 1= 51400.00; 1 1 1 1 1 1 1 1 1 1 1 , 1 1 1 1 1 CITY OF BAYTOWN BID TABULATION SILENT RADIO ALARM KITS 0: 8509-123 Attacbment "c" 10 -29-85 2:00 P.N. ' VARDA SILENT ALARM ;COOPER ALARMS 6 SUP ; LAUGHLIN iN1ERNAT'L 'EXT. PRICE' PRICEtEXT. PRICE'UNIT PRICE�EXT. PRICE, pTY ;DESCRIPTION 'UNIT PAICE:EXT. PRICE'UNIT PRICE' , + NO 510 ; NO RESPONSE ; ' Silent Radio Alarm Kits.; ' per specifications. $ 1,450.00;$ 7,250.00; ' S ;each ; UHF Alarm Kits 16.00; 5 each ; Addlt'l Channel Crystals; 85.00; 5 ;each ; Tone Coded Squelch , 241,50; ' Trip Devices 49.50, + ' 5 ;each , Cash Reg. ' 55.00, 215.00; ' , 5 ;each ;Pendant Transmitters S ; 48,50; 247.50; each Receivers 37.65; Shipping 37.65; l ' ; TOTAL DELIVERY: 30 DAYS ;Does not supply the ' SPECIAL CONDITIONS: ; , ;requested product. BIDS WERE NAILED TO ' ' THREE VENDORS. ' + : CITY OF BAYTOWN 810 TABULATION TITLE: PNEUMATIC EARTH PIERCING TOOL 110 NUMBER: 8509 -122 )ATE: 11 -05 -85 2:00 P.M. Attar lilt 111311 CONMACO, INC. :8ARCO SUPPLY ;EARTHWORM BORING MACH; ALLIED STEEL Q TRACT; 1ITEM; QTY ;UNIT ;DESCRIPTION ;UNIT PRICE :EXT. PRICE :UNIT PRICE :EXT. PRICE :UNIT PRICE:EXT. PRICE :UNIT PRIME T. PRICE; 1 1 1 1 I ; I 1 1 EA I 1 I 1 ; PNEUMATIC EARTH PIERCING, 1 1 1 1 ;11 4,195.90: 1 1 is 1 1 4,086.501 1 1 ; KO 1 1 I I 810 NO BID 1 1 ; TOOL, 1 1 1 1 per specifications. , , • I 1 : 4,308.901 I I 1 I I 1 I I 1 1 1 1 1 DELIVERY: 7 -10 DAYS; 30 DAYS 1 SPECIAL CONDITION: S •Price includes 100'; ; ; ,,Specs. were written ; I 1 1 cable. so only a tool with 1 a "collar' could 1 1 1 1 bid. 1 1 1 1 I I I 1 1 I I I 1 1 I 1 I I I 1 1 I 1 I I f 1 I 1 1 1 I 1 I I 1 I 1 1 1 I ( 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I 1 1 1 1 1 I 1 1 I 1 ( 1 1 I I 1 I 1 1 1 1 1 I I I I 1 f I 1 1 1 1 I 1 1 I 1 I I I I 1 I I 1 1 1 1 1 1 1 1 1 1 I 1 I 1 1 1 1�I 1 I Attachment "E„ CITY OF BAYTOYN 810 TABULATION TITLE: BODY REPAIR I REPLACEMENT ON THE SLUDGE SPREADER TRUCK 610 NUNBER: 8509 -121 DATE: 11 -05 -85 2:00 P.N. DOC BRENER'S AUTO ITEN; QTY ;UNIT ;DESCRIPTION ;UNIT PRICE; PRICE!EXt PRICE WNIT PRICEIEXT PRICE'UNIT PRICEIEXT. PRICE'UNIT PRICE 01. 1 I EA BODY REPAIR I REPLACEMENT 1$ 8,169.91; ! ON THE SLUDGE SPREADER ; ' ' TRUCK, per specifications. i ' DELIVERY: 21 working days ; ' Attachment "F" CONSULTING ENGINEERS BUSCH. HUTCHISON & ASSOCIATES, INC. AND ARCHITECTS 1 107 FLEETWOOD DRIVE • BAYTOWN. TEXAS 77520 • PHONE (713) 422.8213 3333 EASTSIDE. SUITE 265 • HOUSTON. TEXAS 77098 • 171 31 523.2387 November 7, 1985 Honorable Mayor City of Baytown P.O. Box 424 Baytown, Texas & City Council 77522 CONTRACT AWARD RECOMMENDATION EAST LEAGUE PARK CONCESSION STAND AND PAVING CITY OF BAYTOWN Job No. 85 -3021 Four bids were received and opened on Tuesday November 5, 1985. They were: Jaho $ 92,803.50 Chatham $ 93,000.00 Holzaepfel $ 103,000.00 Kesek $ 111,500.00 The bid under the name Jaho is in reality H.B. Hamilton Construction Company, a local firm which has done numerous jobs of this magnitude for the city and commercial interests. They are fully capable of handling this project and we recommend that they be awarded the con- tract as low bidder. Sincerely, f Pmes V. Hutchison, P.E. H /db CITY Of BAYTOMN BIO TABULATION NNUAL SELECTIVE HERBICIDE CONTRACT 8610 -05 Attacj -Mnt "G" i -3I -85 2:00 P.N. USS AGR1 CHEMICALS ;HELENA CHEMICAL CO. I HOUSTON SPRAYING IY �" MILK PR C ' XT PR CE'UNIt Fill ' XT. PRICE' NIT PRIC ' XT. PRICE'UNIT PRICE'EXT. PRICE + 'DESCRIPTION ; ' 8.96 li 8.960.001 ' ANNUAL SELECTIVE ; 9.35 IS 9.350.001 8.34 li 8.310.000 I 1 ; 100 GALS, ' ' H EN ICIOE CONTRACT. 1 per specifications. ' l/ DAYS ARO 1 10 DAYS ARO ; 1 , DELIVERY: 1 10 DAYS ARO + 1 1 ' 1 1 1 ' 1 1 CITY OF BAYTOWN 810 TABULATION TITLE: SESQUICENTENNIAL PLANT MATERIALS BID NUMBER: 8610 -09 DATE: 11 -08 -85 2:00 P.M. Attact'mient " H„ I :ITEM; i 1. :NAYNE SMITH QTY :UNIT ;DESCRIPTION LIVE OAK ; AITEX WHOLESALE NUR ;ABBOTS LANDSCAPING ;PLANTATION NURSERY ; ' —� ;UNIT PRICElEXT. PRICE :UNIT PRICESEXT. PRICEIUN T PRICE; : EXT PRICE UNIT PRICE,EXT ; PRICE, 1 SESQUICENTENNIAL PLANT, ; It 1 1 MATERIALS, ; , NO 810 Per specifications. 1 I 1 1 1 4 1 ea 1 Live Oak Trees 350.00 If 1,100.00; 180. 00 ' 1$ 720.001 312.50 1,250.001 ' ' 1 3 1 1 8 ea 1 Southern Magnolia ' 115.00 g 1 , f 700.00, 135.00 is 540.001 i= 218.75 :$ 875.001 1 1 ea 1 Choctaw, Klowa, Desirable 1 1 • 42.50 :8 340.001 15.50 111 124.001 1 1 1 : or Cheyenne Pecan, 15 gal 1 It 1 1 4 5 1 8 1 ea 1 Crepe Myrtle, 20 gal 1 65.00 1$ 520.001 47.50 3 380.001 59.50 111 476.001 100 ea 1 Dwarf Indian 1 1 1 14.50 If 1,450.001 ' 9.50 111 950.001 1 Hawthorne, 5 gal 1 1 1 1 6 1 7 1 SO 1 500 ea : Dwarf Yaupon, 5 al g 6.25 312.50 1 1 9.50 If 1)5.001 1 1 , 8 1 1 50 ea 1 Asiatic Jasmine,I gal 1 1.65 �f ,11 825.001 1.90 1$ 950.001 1 1 ea NANDINA domestica nana 1 1 1 6.25 If 312.501 11.50 If 575.001 1 PURPUREA, 5 gal 1 1 1 i 1 1 1 1 ' 1 1 1 1 TOTAL: If 2.620.001 :114,880.00 : :115,615.00 DELIVERY: 1 : 15 DAYS 1 : 10 - 30 DAYS : ' 1 SPECIAL CONDITION:' 1 � :; :'Offers a 30 gallon ,, Offers a 15 gallon 1 1 ' plant 1 1 Indian Hawthorne for' ' 1 1 $47.00 per plant as well as the bid figure. ' 1 1 1 1 CITY Of BAYTOWN Attachoent "In BID TABULATION 'ITLE: ANNUAL CONTRACT FOR JANITORIAL SERVICES NURSER; 8509 -110 IATE: 10 -31 -85 2:00 P.N. BLANCHARD'S ' ;ITEM; QTY ;UNIT ;OESCRIPTI4N 'UNIT PRICE'EXT PRICE'UNIT 'EXT PRICE. PRICE'UNIT PRICE'EXT. PRICE'UNIT PRICEIEXT. PRICE; I ; 1 ;LOT ; ANNUAL CONTRACT FOR 1.100/110 ;114.400.00; I ' JANITORIAL SERVICES. ; per specifications. S CITY OF BAYTOVN 810 TABULATION TITLE: RE- ROOFING OF CITY HALL 610 NUMBER: 8610 -11 DATE: 11 -08 -85 2:00 P.N. Attaclimnt "J" I I I I I TRIPLE G ROOFING I HICHALSKY ROOFING I ; ;ITEM; QTY ;UNIT ;DESCRIPTION I ;UNIT PRIME T. PRICEIUNIT PRICE.-EXT. PRICE:UNIT PRICE;EXT. PRICEIUNIT PRICE.-EXT. PRICE, , , , , , I 1 ; LOT I EA RE- ROOFING OF CITY HALL.; I :57.400.00; ;$53,165.00; ; ,Per specifications. 12 I LOT ; EA ALTERNATE: Sale, but ; ;$64.400.00; ;5611993.94; r I Install Tesple Eastex , I Asphalt Impregnated I ,fiberboard insulation. 3 LOT ; EA ; ALTERNATE: Same, but I :$67,100.00; ;$64.068.59; ; Install a Polyurethane , , , , , I board insulation. ; I I DELIVERY: 35 -40 DAYS 45 DAYS �� TITLE: 0O„�n,unity Development B 10� a -ss DATE= November 1, 1985 CITY OF 6AYTOWN 8 ro TABULATION West, Ent. Uranus Palton -• � Attacim�ent "K" GROSS TOTAL LESS DISC. NET.70TAL - JEUVERY . - -- -- - __ _ w. _ -_ - - - - -- - - - -- -- - ..._ ..... - �. .I , QTY �ESCRlPT10N UNIT EXTENDED UNI EXi NO UNI NI X7 NO D UNIT X 1 Housing Rehabilitation Project X85 -04 -01 605 Denby $11,999.00 Housing Rehabilitation Project 1 X85 -04 -OS $10,576.00 $11,996.00 103 W. Francis GROSS TOTAL LESS DISC. NET.70TAL - JEUVERY . - -- -- - __ _ w. _ -_ - - - - -- - - - -- -- - ..._ ..... - �. .I ,