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
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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 ,