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1987 07 09 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 9, 1987 The City Council of the City of Baytown, Texas, met in regular session on Thursday, July 9, 1987, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Fred T. Philips Perry M. Simmons Ron Embry Roy Fuller Rolland J. Pruett Jimmy Johnson Fritz Lanham Bobby Rountree Randy Strong Eileen P. Hall Absent: Emmett 0. Hutto Councilman Councilman Councilman Councilman Councilman Mayor Pro Tempore City Manager Assistant City Manager City Attorney City Clerk Mayor The meeting was called to order with a quorum present. The invocation was offered by Councilman Fuller, after which the following business was conducted: Consider Minutes of the Regular Meeting Held June 23, 1987 Councilman Philips moved for approval of the minutes of the regular meeting held on June 23, 1987. Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Pro Tempore Johnson Nays: None 70709 -2 Minutes of the Regular Meeting - July 9, 1987 r Consider Proposed Ordinance, Authorizing the Issuance of City of Baytown, Texas, Certificates of Obligation, Series 1987 Tom Masterson with Masterson & Company, reported to council that the city had retained its present bond rating for the sale of $400,000 in Certificates of Obligation. The five bidders and their net effective interest rate follow: Rotan Mosle 6.334% Paine Webber 6.165% Lovett, Mitchell, Webb, Garrison 5.729% Prudential Balke 6.33% Masterson & Company 6.025% Mr. Masterson recommended the bid be awarded to Lovett, Mitchell, Webb, Garrison for the net effective interest rate of 5.729 %. CERTIFICATE FOR ORDINANCE and ORDINANCE NO. 4747 follow: BAYTWN(k) 70709 -3 CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS § COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN § We, the undersigned officers of the City Council of the City of Baytown, Texas, hereby certify as follows: 1. The City Council of the City of Baytown, Texas, convened in special session on the 9th day of July, 1987, at its regular meeting place in the City Hall within said City, and the roll was called of the duly constituted officers and members of said City Council and the City Clerk, to -wit: Emmett O. Hutto Jimmy Johnson Perry M. Simmons Fred T. Philips Ronald G. Embry Roy L. Fuller Rolland Pruett Eileen P. Hall Mayor Major Pro Tem Councilman Councilman Councilman Councilman Councilman City Clerk and all of said persons were present, except the following absentee (s) Emmett n_ Hutto , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF $400,000 CITY OF BAYTOWN, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1987; APPROPRIATING $400,000 OF PROCEEDS OF SALE THEREOF FOR THE PURCHASE OF LAND FOR AUTHORIZED NEEDS AND PURPOSES; AND CONTAINING OTHER PROVISIONS RELATED THERETO was duly introduced for the consideration of said City Council. It was then duly moved and seconded that said ordinance be adopted, and, after due discussion, the motion, carrying with it the adoption of said ordinance prevailed and carried by the following vote: AYES: Councilmen Philips, Simmons, Embry, Fuller and Pruett Mayor Pro Tempore Johnson NAYS: None ABSTENTIONS: None 70709 -4 2. That a true, full and correct copy of the aforesaid ordinance adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certifi- cate; that said ordinance has been duly recorded in said City Council's minutes of said meeting; that the persons named in the above and foregoing paragraph-are duly chosen, qualified and acting officers and members of said City Council as indi- cated therein; that each of the officers and members of said City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and subject of the aforesaid meeting, and that said ordinance would be intro- duced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of such meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by Vernon's Article 6251-17, as amended; and that said Ordinance was duly adopted in accordance with the Home Rule Charter of The City. SIGNED AND SEALED THIS 91 City Clerk (SEAL) 70709 -5 BAYTWN(h) ORDINANCE NO. 4747 ORDINANCE AUTHORIZING THE ISSUANCE OF $400,000 CITY OF BAYTOWN, TEXAS CERTIFICATES OF OBLIGATION, SERIES 1987; APPROPRIATING $400, 000 OF PROCEEDS OF SALE THEREOF FOR THE PURCHASE OF LAND FOR AUTHORIZED NEEDS AND PURPOSES AND THE COST OF PROFESSIONAL SERVICES INCURRED IN CONNECTION THEREWITH; AND CONTAINING OTHER PROVISIONS RELATED THERETO THE STATE OF TEXAS § COUNTIES OF HARRIS AND CHAMBERS § CITY OF BAYTOWN § WHEREAS, the City Council of the CITY OF BAYTOWN, TEXAS (the "City "), authorized the publication of a notice of intention to issue certificates of obligation to the effect that the City Council would meet on June 11, 1987, to adopt an ordinance and take such other action as may be deemed necessary to authorize the issuance of certificates of obli- gation, payable from City ad valorem taxes, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of purchasing land for authorized needs and purposes; and the cost of professional services incurred in connection therewith; and WHEREAS, such notice was published at the times and in the manner required by the Constitutions and laws of the State of Texas and of the United States of America, respec- tively, particularly Article 2368a.1, Vernon's Texas Civil Statutes, as amended; and WHEREAS, on June 11, 1987, the date tentatively estab- lished by the City for adoption of an ordinance authorizing the issuance of said certificates of obligation, the City was unable to adopt said ordinance because the exact terms of said certificates of obligation had not been established; and WHEREAS, at the meeting of the City Council held on June 11, 1987, and at each regular meeting of the City Council since that date, the City Council made known that its intention to issue said certificates of obligation was still in effect; and WHEREAS, the terms of the certificates of obligation have now been established and the City has now determined to adopt this ordinance authorizing the issuance of said : 70709 -6 certificates of obligation, and affirmatively finds that it is authorized to proceed with the issuance and sale of said certificates in accordance with the terms hereof; and WHEREAS, no petition or other request has been filed with or presented to any official of the City requesting that any of the proceedings authorizing such certificates of obligation be submitted to a referendum or other election; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1. Throughout this ordinance the following terms and expressions as used herein shall have the meanings set forth below: The term "Certificates" or "Series 1987 Certificates" shall mean the Series 1987 Certificates authorized in this Ordinance, unless the context clearly indicates otherwise. The term "City" shall mean the City of Baytown, Texas. The term "Construction Fund" shall mean the Construc- tion Fund established pursuant to Section 8 of this Ordi- nance. The term "Interest and Sinking Fund" shall mean the interest and sinking fund established by the City pursuant to Section 7 of this Ordinance. The term "Interest Payment Date ", when used in connec- tion with any Certificate, shall mean February 1, 1988, and each February 1 and August 1 thereafter until maturity. The term "Ordinance" as used 'herein and in the Certifi- cates shall mean this ordinance authorizing the Certificates. The term "Owner" shall mean any person who shall be the registered owner of any outstanding Certificates. The term "Paying Agent" shall mean the Registrar. The term "Record Date" shall mean, for any Interest Payment Date, the fifteenth day of the month next preceding such Interest Payment Date. The term "Register" shall mean the books of registra- tion kept by the Registrar in which are maintained the names -2- 70709 -7 and addresses of and the principal amounts registered to each Owner. The term "Registrar" shall mean First City National Bank of Houston, Houston, Texas, and its successors in that capacity. Section 2. The Certificates shall be issued in fully registered form, without coupons, in the total authorized aggregate amount of Four Hundred Thousand Dollars ($400,000) for the purpose of evidencing the indebtedness of the City for all or any part of the cost of purchasing land for authorized needs and purposes; and the cost of professional services incurred in connection therewith. Section 3. (a) The Certificates shall be designated as the "CITY OF BAYTOWN, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 1987 ", and shall be dated August 1, 1987. The Certificates shall bear interest from the later of August 1, 1987, or the most recent Interest Payment Date to which interest has been paid or duly provided for, calculated on the basis of a 360 day year of twelve 30 day months, inter- est payable on February 1, 1988, and semiannually thereafter on August 1 and February 1 of each year until maturity. (b) The Certi-11cates shall be issued bearing the numbers, in the principal amounts, and bearing interest at the rates set forth in the following schedule, and may be transferred and exchanaed as set out in this Ordinance. The Certificates shall mature on February 1 in each of the years and in the amounts set out in such schedule. Certificates delivered in transfer of or in exchange for other Certifi- cates shall be numbered in order of their authentication by the Registrar, shall be in the denomination of $5,000 or integral multiples thereof, and shall mature on the same date and bear interest at the same rate as the Certificate or Certificates in lieu of which they are delivered. -3- 70709 -8 Certificate Principal Interest Number Year Amount Rate R -1 1989 $100,000 0; R -2 1990 100,000 R -3 1991 100,000 R -4 1992 100,000 (c) The Certificates shall be signed by the Mayor of the City and countersigned by the City Clerk of the City, by their manual, lithographed, or facsimile signatures, and the official seal of the City shall be manually impressed or placed in facsimile thereon. Such facsimile signatures on the Certificates shall have the same effect as if each of the Certificates had been signed manually and in person by each of said officers, and such facsimile seal on the Certificates shall have the same effect as if the official seal of the City had been manually impressed upon each of the Certificates. If any officer of the City whose manual or facsimile signature shall appear on the Certificates shall cease to be such officer before the authentication of such Certificates or before the delivery of such Certifi- cates, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. (d) Only such Certificates as shall bear thereon either (i) the manually executed registration certificate of the Comptroller of Public Accounts of Texas substantially in the form provided in Section 5(b) of this Ordinance or (ii) a certificate of authentication, substantially in the form provided in Section 5(c) of this Ordinance, manually exe- cuted by an authorized representative of the Registrar, shall be entitled to the benefits of this Ordinance or shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive evidence that the Certificate so authenticated was delivered by the Registrar hereunder. (e) The Registrar is hereby appointed as the paying agent for the Certificates. The principal of the Certifi- cates shall be payable, without exchange or collection charges, in any coin or currency of the United States of America, which, on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they become due and pay- able, at the principal corporate trust office of the Regis- trar. The interest on each Certificate shall be payable by check or draft payable on the Interest Payment Date mailed -4- 70709 -9 by the Registrar on or before each Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Register. (f) The City, the Registrar and any other person may treat the person in whose name any Certificate is registered as the absolute owner of such Certificate for the purpose of making and receiving payment of the principal thereof and for the further purpose of making and receiving payment of the interest thereon, and for all other purposes, whether or not such Certificate is overdue, and neither the City nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Certificate in accordance with this Section 3(f) shall be valid and effectual and shall discharge the liability of the City and the Registrar upon such Certifi- cate to the extent of the sums paid. (g) So long as any Certificates remain outstanding, the Registrar shall keep the Register at its principal corporate trust office in which, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Certificates in accor- dance with the terms of this Ordinance. Each Certificate shall be transferable only upon the presentation and surrender thereof at the principal corpo- rate trust office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the registered Owner or his authorized representative in form satisfactory to the Registrar. Upon due presentation of any Certificate for transfer, the Registrar shall authen- ticate and deliver in exchange therefor, to the extent possible within three (3) business days after such presen- tation, a new Certificate or Certificates, registered in the name of the transferee or transferees, in authorized de- nominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Certifi- cate or Certificates so presented. All Certificates shall be exchangeable upon presenta- tion and surrender thereof at the principal corporate trust office of the Registrar for a Certificate or Certificates of the same maturity and interest rate and in any authorized denomination, in an aggregate principal amount equal to the unpaid principal amount of the Certificate or Certificates presented for exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Certificates in accordance with the provisions of this -5- 70709 -10 Section 3(g). Each Certificate delivered in accordance with this Section 3(g) shall be entitled to the benefits and security of this Ordinance to the same extent as the Certif- icate or Certificates in lieu of which such Certificate is delivered. The City or the Registrar may require the Owner of any Certificate to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with the transfer or exchange of such Certificate. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the City. (h) All Certificates paid in accordance with this Ordinance, and all Certificates in lieu of which exchange Certificates or replacement Certificates are authenticated and delivered in accordance herewith, shall be cancelled and destroyed upon the making of proper records regarding such payment or redemption. The Registrar shall furnish the City with appropriate certificates of destruction of such Certif- icates. (i) Upon the presentation and surrender to the Regis- trar of a mutilated Certificate, the Registrar shall authen- ticate and deliver in exchange therefor a replacement Cer- tificate of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding. The City or the Registrar may require the Owner of such Certificate to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection therewith and any other expenses connected therewith, including the fees and expenses of the Registrar. If any Certificate is lost, apparently destroyed, or wrongfully taken, the City, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowl- edge that such Certificate has been acquired by a bona fide purchaser, shall execute and the Registrar shall authenti- cate and deliver a replacement Certificate of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding, provided that the Owner thereof shall have: (1) furnished to the City and the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Certificate; -6- 70709 -11 (2) furnished such security or indemnity as may be required by the Registrar and the City to save them harmless; (3) paid all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (4) met any other reasonable requirements of the City and the Registrar. If, after the delivery of such replacement Certificate, a bona fide purchaser of the original Certificate in lieu of which such replacement Certificate was issued presents for payment such original Certificate, the City and the Regis- trar shall be entitled to recover such replacement Certifi- cate from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the Registrar in connection there- with. If any such mutilated, lost, apparently destroyed or wrongfully taken Certificate has become or is about to become due and payable, the City in its discretion may, instead of issuing a replacement Certificate, authorize the Registrar to pay such Certificate. Each replacement Certificate delivered in accordance with this Section 3(i) shall be entitled to the benefits and security of this Ordinance to the same extent as the Certif- icate or Certificates in lieu of which such replacement Certificate is delivered. Section 4: The Certificates shall not be subject to redemption prior to their scheduled maturities. Section 5. (a) The Certificates shall be in substan- tially the following form, with such additions, deletions and variations as may be necessary or desirable and permit- ted by this Ordinance: -7- 70709 -12 NUMBER R- REGISTERED (Face of Certificate) UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS DENOMINATION S REGISTERED CITY OF BAYTOWN, TEXAS Certificate of Obligation, Series 1987 INTEREST RATE: MATURITY DATE: ISSUE DATE: CUSIP: August 1, 1987 REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS THE CITY OF BAYTOWN, TEXAS (the "City ") promises to pay to the Registered Owner identified above, or registered assigns, on the date specified above, upon presentation and surrender of this certificate at the principal corporate trust office of First City National Bank of Houston, Houston, Texas (the "Registrar "), the principal amount identified above, payable in any coin or currency of the United States of America which on the date of payment of such principal is legal tender for the payment of debts due the United States of America, and to pay interest thereon at the rate shown above, calculated on the basis of a 360 day year of twelve 30 day months, from the later of August 1, 1987, or the most recent interest payment date to which interest has been paid or duly provided for. Interest on this certificate is payable by check or draft payable on February 1, 1988, and semiannually thereafter on each August 1 and February 1, mailed to the registered owner as shown on the books of registration kept by the Registrar as of the fifteenth day of the month next preceding each interest payment date (the "Record Date "). REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS CERTIFICATE SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH AT THIS PLACE. SIM IN WITNESS WHEREOF, this with the manual or facsimile City and countersigned with t ture of the City Clerk of the the City has been duly impress this certificate. 70709 -13 certificate has been signed signature of the Mayor of the he manual or facsimile signa- City, and the official seal of ed, or placed in facsimile, on (AUTHENTICATION CERTIFICATE) (SEAL) CITY OF BAYTOWN, TEXAS Mayor City Clerk (Back Panel of Certificate) THIS CERTIFICATE is one of a duly authorized issue of Certificates, aggregating $400,000 (the "Certificates "), issued in accordance with the Constitution and laws of the State of Texas, particularly Article 2368a.1, Vernon's Texas Civil Statutes, as amended, for the purpose of evidencing the indebtedness of the City for all or any part of the cost of purchasing land for authorized needs and purposes; and the cost of professional services incurred in connection therewith, and authorized pursuant to an ordinance duly adopted by the City Council of the City on July 9, 1987 (the "Ordinance ") entitled ORDINANCE AUTHORIZING THE ISSUANCE OF $400,000 CITY OF BAYTOWN, TEXAS; CERTIFICATES OF OBLIGATION, SERIES 1987; APPROPRIATING $400,000 OF PROCEEDS OF SALE THEREOF FOR THE PURCHASE OF LAND FOR AUTHORIZED NEEDS AND PURPOSES AND THE COST OF PROFESSIONAL SERVICES INCURRED IN CONNECTION THEREWITH; AND CONTAINING OTHER PROVISIONS RELATED THERETO, which Ordinance is of record in the offi- cial minutes of said City Council. THE CERTIFICATES are not subject to redemption prior to their scheduled maturities. THIS CERTIFICATE is transferable only upon presentation and surrender at the principal corporate trust office of the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his au- thorized representative, subject to the terms and conditions of the Ordinance. -9- ' 70709 -14 THE CERTIFICATES are exchangeable at the principal cor- porate trust office of the Registrar in the principal amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Ordinance. THIS CERTIFICATE shall not be valid or obligatory for any purpose or be entitled to any benefit under the Ordi- nance unless this Certificate either (i) is registered by the Comptroller of Public Accounts of the State of Texas by registration certificate endorsed hereon or (ii) is authen- ticated by the Registrar by due execution of the authentica- tion certificate endorsed hereon. IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validly issued and delivered; that all acts, conditions and things required or proper to be performed, to exist and to be done precedent to or in the issuance and delivery of this Certificate have been performed, exist and have been done in accordance with law; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City within the limits prescrib- ed by the Constitution and laws of the State of Texas, and have been pledged irrevocably for such payment; that this Certificate shall be a debt of the City within the meaning of Article XI, Sections 5 and 7 of the Constitution of Texas; and that, when delivered, this Certificate shall be deemed and construed (i) to be a "Security" within the meaning of Chapter 8, Investment Securities, Uniform Commer- cial Code (Chapter 785, Acts of the 60th Legislature, Regular Session, 1967), and (ii) to be a general obligation of the City within the meaning of Chapter 784, Acts of the 61st Legislature of Texas, Regular Session, 1969. (b) Certificates Nos. R -1 through R -4 shall be regis- tered by the Comptroller of Public Accounts of the State of Texas, as provided by law. The registration certificate of the Comptroller of Public Accounts shall be printed on or attached to Certificates Nos. R -1 through R -4 and shall be in substantially the following form: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I HEREBY CERTIFY THAT this certificate has been exam- ined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this certificate has -10- 70709 -15 been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL this (SEAL) xxxxxxxxxx Comptroller of Public Accounts of the State of Texas (c) The following form of authentication certificate shall be printed on the face of each of the Certificates, except for Certificates Nos. R -1 through R -4: Registration Date: AUTHENTICATION CERTIFICATE It is hereby certified that this certificate has been delivered pursuant to the Ordinance described in the text of this Certificate, in exchange for or in replacement of a certificate, certificates, or a portion of a certificate or certificates of a Series which was originally approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. First City National Bank of Houston Houston, Texas By Authorized Signature (d) The following form of assignment shall be printed on the back of each of the Certificates: ASSIGNMENT FOR VALUE RECEIVED, the undersigned hereby sells, assigns, and transfers unto (print or typewrite name, address, and zip code of transferee): (Social Security or other identifying number: ) the within certificate and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to -11- 70709 -16 transfer said certificate on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature Guaranteed: NOTICE: This signature must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company Registered Owner NOTICE: The signature on this assignment must correspond with the name of the regis- tered owner as it appears on the face of the within certi- ficate in every particular. Section 6. The approving opinion of Vinson & Elkins, Houston, Texas, and CUSIP Numbers may be printed on the Certificates, but errors or omissions in the printing of such opinion or such numbers shall have no effect on the validity of the Certificates. Section 7. The proceeds from all taxes levied, assessed and collected for and on account of the Certificates autho- rized by this Ordinance shall be deposited, as collected, in a special fund to be designated "City of Baytown, Texas, Certificates of Obligation, Series 1987, Interest and Sinking Fund ". While said Certificates or any part of the principal thereof or interest thereon remain outstanding and unpaid, there is hereby levied and there shall be annually levied, assessed and collected, within the limits prescribed by law, in due time, form and manner, and at the same time other City taxes are levied, assessed and collected, in each year, beginning with the current year, a continuing direct annual ad valorem tax upon all taxable property in said City sufficient to pay the current interest on said Certificates as the same becomes due, and to provide and maintain a sinking fund adequate to pay the principal of the Certifi- cates as such principal matures but never less than two percent (2%) of the original principal amount of the Certif- icates each year, full allowance being made for delinquencies and costs of collection, and said taxes when collected shall be applied to the payment of the interest on and principal of said Certificates and to no other purpose. In addition, interest accrued from the date of the Certificates until their delivery, and premium if any, is to be deposited in such fund. Money in the Interest and Sinking Fund may, at -12- 70709 -17 the option of the City, be invested as permitted by state law; provided that all such deposits and investments shall be made in such a manner that money required to be expended from the Interest and Sinking Fund will be available at the proper time or times. All interest and income derived from such deposits and investments of the Interest and Sinking Fund shall be credited to the Interest and Sinking Fund. So long as any Certificates remain outstanding, all uninvested moneys on deposit in, or credited to, the Interest and Sinking Fund shall be secured by the pledge of security, as provided by law for cities in the State of Texas. Section 8. There is hereby created and established a special fund of the City, to be known as the "City of Baytown, Texas, Certificates of Obligation, Series 1987, Construction Fund ", which shall be maintained as a separate account on the books of the City. The proceeds of the Certificates, after depositing accrued interest and any premium to the Interest and Sinking Fund, as provided in Section 7 shall be deposited in the Construction Fund. Money on deposit in the Construction Fund shall be used only for the purposes set forth in Section 2 of this Ordinance, except that interest and income derived from deposit and investment of moneys in the Construction Fund may be uti- lized as provided below in this Section 8. Money on deposit in the Construction Fund may, at the option of the City, be invested as permitted by Texas law; provided that all such deposits and investments shall be made in such manner that the money required to be expended from the Construction Fund will be available at the proper time or times. So long as any Certificates remain outstanding, all uninvested monies on deposit in, or credited to, the Construction Fund shall be secured by the pledge of security as provided by law for cities in the state of Texas. All interest and income derived from such deposits and investments shall remain in the Construction Fund, except that, in the discretion of the City, such interest and income may be transferred to the Interest and Sinking Fund. Section 9. After the Certificates to be initially issued shall have been executed, the Mayor of the City and other members of the City Council of the City shall have authority to deliver the Certificates to be initially issued and all pertinent records and proceedings to the Attorney General of Texas, for examination and approval by the Attorney General. After the Certificates to be initially issued shall have been approved by the Attorney General, they shall be delivered to the Comptroller of Public Ac- counts of the State of Texas for registration. Upon -13- 70709 -18 registration of the Certificates to be initially issued, the Comptroller of Public Accounts (or a deputy lawfully desig- nated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed '^ herein to be printed and endorsed on the Certificates to be initially issued, and the seal of said Comptroller shall be impressed, or placed in facsimile, thereon. Section 10. The sale of the Certificates to (herein referred to as the Purchaser ") at the price of par plus accrued interest on the Certificates to date of delivery, plus a cash premium of $ , i•n accordance with the bid of said Purchaser, is hereby authorized, approved, ratified and confirmed, subject to the unqualified approving opinion as to the legality of the Certificates of the Attor- ney General of the State of Texas, and of Vinson & Elkins, Houston, Texas, bond counsel. Certificates Nos. R -1 through R -4 shall be registered in the name of the Purchaser. It is hereby found and determined that the sale of the Certificates, as herein provided, is on the best terms and at the best price reasonable attainable by the City pursuant to competi- tive bids received by the City. Section 11. So long as any of the Certificates are outstanding the City covenants and agrees that it will keep proper books of record and account in which full, true and correct entries will be made of all dealings, activities and transactions relating to the Certificates and the funds created pursuant to this Ordinance, and all books, documents and vouchers relating thereto shall at all reasonable times be made available for inspection upon request of any holder of any of the Certificates. Section 12. The City recognizes that the purchasers and holders of the Certificates will have accepted them on, and paid there for a price that reflects, the understanding that interest on the Certificates is excludable from gross income for federal income tax purposes. Hence, the City covenants that it shall make such use of the proceeds of the Certificates, regulate investments of proceeds =hereof and take such other and further actions as may be required by Sections 103 and 141 -150 of the Internal Revenue Code of 1986 (the "Code ") and all applicable temporary, proposed and final regulations and procedures promulgated thereunder or promulgated under the Internal Revenue Code of 1954, to the extent applicable to the Code ( "Regulations "), necessary to assure that interest on the Certificates is excludable from gross income for federal income tax purposes. Without -14- 70709 -19 limiting the generality of the foregoing covenant, the City hereby covenants as follows: a. The City will not permit more than 10 percent of the net proceeds of the Certificates to be used in the trade or business of any person (other than use as a member of the general public) other than a govern- mental unit ( "private -use proceeds "). For purposes of this Section, the term "net proceeds" means the pro- ceeds derived from the sale of the Certificates, plus interest earnings thereon, less any amounts deposited in a reasonably required reserve or replacement fund; the term "person" includes any individual, corporation, partnership, unincorporated association or any other entity capable of carrying on a trade or business; and the term "trade or business" means, with respect to any natural person, any activity regularly carried on for profit and, with respect to persons other than natural persons, means any activity other than an activity carried on by a governmental unit; b. The City will not permit more than 5 percent of the net proceeds of the Certificates to be used in the trade or business of any person other than a governmental unit if such use is unrelated to the governmental purpose of the Certificates. Further, the amount of private -use proceeds of the Certificates in excess of 5 percent of the net proceeds of the Certifi- cates ( "excess private -use proceeds ") will not exceed the proceeds of the Certificates expended for the governmental purpose of the Certificates to which such excess private -use proceeds relate; C. The City will not use or permit to be used, directly or indirectly, an amount exceeding the lessor Of (i) $5,000,000 or (ii) 5 percent of the net proceeds of the Certificates to finance loans to persons other than governmental units; d. Based upon all facts and estimates now known or reasonably expected to be in existence on the date the Certificates are delivered, the City reasonably expects that the proceeds of the Certificates will not be used in a manner that would cause the Certificates or any portion thereof to be an "arbitrage Bond" within the meaning of Section 148 of the Internal Revenue Code of 1986; -15- 70709 -20 e. The City will monitor the yield on the investment of the proceeds of the Certificates and moneys pledged to the repayment of the Certificates, other than amounts not subject to yield restriction due to deposit in a reasonably required reserve or replace- ment fund or a bona fide debt service fund, and will restrict the yield on such investments to the extent required by the Code or the Regulations. Without limiting the generality of the foregoing, the City will take appropriate steps to restrict the yield on (i) all original proceeds of the Certificates on hand on a date that is three years from the date of delivery of the Certificates, and (ii) all investment proceeds on hand on a date that is three years from the date of delivery of the Certificates or one year from the date such investment proceeds are received, whichever is later, to a yield which is not materially higher than the yield on the Certificates (in both cases calculated in accordance with the Code and Regulations); f. The City will not-cause the Certificates to be treated as "federally guaranteed" obligations within the meaning of Section 149(b) of the Code (as may be modified in any applicable rules, rulings, policies, procedures, regulations or other official statements promulgated or proposed by the Department of the Treasury or the Internal Revenue Service with respect to "federally guaranteed" obligations described in Section 149 (b ) of the Code) ; g. The City will take all necessary steps to comply with the requirement that "excess arbitrage profits" earned on the investment of the gross proceeds of the Certificates, if any, be rebated to the federal government. Specifically, the City will (i) maintain records regarding the investment of the gross proceeds of the Certificates as may be required to calculate such "excess arbitrage profits" separately from records of amounts on deposit in the funds and accounts of the City which are allocable to other bond issues of the City or moneys which do not represent gross proceeds of any bonds of the Issuer, (ii) calculate, not less often than annually, the amount of "excess arbitrage prof- its," if any, earned from the investment of the gross proceeds of the Certificates and (iii) pay, not less often than every fifth anniversary date of the delivery of the Certificates, all amounts required to be rebated to the federal government. Further, the City will not indirectly pay any amount otherwise payable to the -16- 70709 -21 federal government pursuant to the foregoing require- ments to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Certificates that might result in a "prohibited payment" within the meaning of Temp. Treas. Reg. §1.103 -15AT; and h. The City will timely file a statement with the federal government setting forth the information required pursuant to Section 149 (e ) of the Code. All officers, employees and agents of the City are author- ized and directed to provide certifications of facts and estimates that are material to the reasonable expectations of the Issuer as of the date the Certificates are delivered. In complying with the foregoing covenants, the City may rely from time to time upon an opinion issued by nationally - recognized bond counsel to the effect that any action by the City or reliance upon any interpretation of the Code or Regulations contained in such opinion will not cause inter- est on the Certificates to be includable in gross income for federal income tax purposes under existing law. Section 13. The City hereby designates the Certifi- cates as "qualified tax - exempt obligations" for purposes of Section 265(b) of the Code and covenants that it shall take all actions necessary to satisfy with respect to the Certif- icates the requirements of Section 265(b)(3) of the Code. In particular, the City represents (a) that the aggregate amount of tax- exempt obligations issued by the City during calendar year 1986, including the Certificates, which have been designated as "qualified tax - exempt obligations" under Section 265(b)(3) of the Code does not exceed $10,000,000 and (b) that the reasonably anticipated amount of tax - exempt obligations which will be issued by the City during the calendar year 1986, including the Certificates, will not exceed $10,000,000. For purposes of this section 13, the term "tax- exempt obligation" does not include "private activity bonds" within the meaning of Section 141 of the Code, other than "qualified 501(c)(3) bonds" within the meaning of Section 145 of the Code. In addition, for purposes of this section 13, the City includes all govern- mental units of which the City is a "subordinate entity" and governmental units which are "subordinate entities" of the City, within the meaning of Section 265(b) (3)(E) of the Code. Section 14. There is hereby appropriated out of the proceeds of the sale of the Bonds authorized by this -17- N W 70709 -22 Ordinance the sum of $400,000 for the purchase of land for authorized needs and purposes and the cost of professional services incurred in connection therewith. It is officially found and determined that the useful life of such land is perpetual. Section 15. The facts, recitals, and statements set out in the preamble of this Ordinance are hereby found and determined to be true and correct. Without limitation to such statement, no petition of any kind or character signed by 5% of the qualified electors of the City has been filed with the Mayor, City Secretary, or any other official of the City protesting the issuance of the Certificates or any portion thereof. The City further approves the Official Statement prepared in connection with the sale of the Certificates. Section 16. It is hereby officially found and deter- mined that an emergency and urgent public necessity exist relating to the adoption of this ordinance, and because the proceeds from the sale of the Certificates are required as soon as possible for necessary and urgently needed improve- ments; that such emergency and necessity require the adoption of this Ordinance and the holding of the meeting, or meetings, at which this Ordinance is adopted at the time or times and place held; the meeting, or meetings, at which this Ordinance was adopted was or were open to the public, and public notice of the time, place and purpose of said meeting, or meetings, was given, all as required by Vernon's Ann. Tex. Civ. St. Article 6252 -17, as amended; and that such notice or notices as given are hereby authorized, approved, adopted and ratified. Section 17. This Ordinance shall be in force and effect from and after its final passage, and it is so ordered. Section 18. (a) The Registrar, by undertaking the performance of the duties of the Registrar and in considera- tion of the payment of fees and /or deposits of money pursuant to this Ordinance and a Paying Agent /Registrar Agreement, accepts and agrees to abide by the terms of this Ordinance and such Agreement. The City hereby approves the Paying Agent /Registrar Agreement. (b) The City reserves the right to replace the Regis- trar or its successor at any time. If the Registrar is replaced by the City, the new Registrar shall accept the -18- 70709 -23 previous Registrar's records and act in the same capacity as the previous Registrar. Any successor Registrar shall be either a national or state banking institution and a corpo- ration organized and doing business under the laws of the United States of America or any State authorized under such laws to exercise trust powers and subject to supervision or examination by Federal or State authority. Section 19. The City approves the form and content of the Official Statement prepared for initial offering and sale of the Certificates and the use of such Official Statement in the reoffering of the Certificates by the Purchaser is hereby approved and authorized. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Certificates. Section 20. No recourse shall be had for payment of the principal of or interest on any Certificates or for any claim based thereon, or on this Ordinance, against any official or employee of the City or any person executing any Certificates. PASSED AND APPROVED this 9th day of July, 1987. ATTEST: P_ 4jt_e�_ City Clerk CITY OF BAYTOWN, TEXAS (SEAL) M -19- r 6ior Pro e TY OF OWN, TEXAS 70709 -24 Minutes of the Regular Meeting - July 9, 1987 Roxanne Gillum Recognized In response to Ms. Gillum's inquiry concerning the Cali- fornia case, the city attorney stated that he felt that that case does not apply to the Brownwood situation. In response to other questions from Ms. Gillum, the city manager said that council had made a decision to sell Certifi- cates of Obligation rather than consider a tax increase to fund more purchases in Brownwood. The city plans to purchase as much property as possible with the $400,000. Presently, the city owns enough land to construct boat ramps and place picnic tables, but money for that purpose would probably need to come from the next bond program. Periodically, the city picks up in Brownwood, and plans are to begin demolition of homes that the city owns there this summer. The present policy is that condemnation proceedings will not be instituted to obtain property in Brownwood. Receive Parks and Recreation Advisory Board Report Mr. Gray introduced the Parks and Recreation Advisory Board members. He stated that he had attended the July 4th celebration held at Bicentennial Park which was an exhilarating experience and a very positive activity. Recently, Mr. Gray attended a conference in Houston where Jon Lindsay, County Judge, was speaker. Judge Lindsay praised Baytown's efforts to resolve drainage problems by the construction of a park, drainage facility on Tenth Street. In response to an inquiry from council, Mr. Gray concurred that the medians in the city are more attractive with land- scaping; however, the Parks Department has difficulty watering the plants. During the summer months it is difficult to plant or care for the plants because more mowing of rights of way is required. The board is planning to review user fees in the near future and make recommendations where the board feels adjustments are necessary. Councilman Philips suggested that the board consider putting on several festivals during the year much like the July 4th Celebration. He felt that it would be good to pull the community together on more than one occasion. Councilman Embry stated that he felt the Parks and Recrea- tion Board and the whole system functioned very well and was one of the bright spots in the City of Baytown. He congratulated the board for a job well done. Council concurred. 70709 -25 Minutes of the Regular Meeting - July 9, 1987 Councilman Fuller moved to accept the Parks and Recreation Advisory Board Annual Report. Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Pro Tempore Johnson Nays: None Mike Shields Will Present a Status Report on Economic Development Foundation Activities Mike Shields, Executive Director of the Baytown /West Chambers County Economic Development Foundation, reminded council that the most successful economic development efforts have been those which have combined government and private sectors working together to move ahead. That is what has been established in Baytown. The city administration was instrumental in implemen- ting and establishing the foundation one year ago. A board was selected, by -laws were written, and staff was hired to begin work on projects. The foundation was established primarily to create Jobs and to preserve jobs in the City of Baytown. This means new industry must be attracted, assistance must be offered to exis- ting businesses, and special projects must be developed that will enhance economic development in the area. The foundation has been working hard to gather the tools necessary to do its job, such as financing programs, marketing brochures, etc. Compared to the short time that the foundation has been in operation, it has made great strides. The work that has been nearing completion includes the establishment of a data bank. Companies interested in locating new facilities have certain criteria that is considered. The foundation's job is to answer their questions. In order to do that, the data must be on hand to immediately answer those questions. Because of that, the foundation has established a socio- economic data bank and has gathered information on utilities available as well as other infrastructure. An inventory has been made of all the available land and buildings in the foundation's service area. That inven- tory includes acreage, size of buildings, square footage, etc. From time to time prospects have special requests. For instance, there was one company interested in locating here that needed nitrogen. In order to locate new industry to Baytown, they have to know Baytown is here. Because of that, a marketing program with marketing strategy has been developed. Included in that is the development of promotional brochures. Also, because of limited 70709 -26 Minutes of the Regular Meeting - July 9, 1987 financial resources, the foundation has determined which companies will best fit the Baytown area and those are the ones being contacted. One of the most important functions that the foundation has done is to establish a clearing house for financial information and to assist companies with financial packaging. The foundation has identified those federal, state and local programs, as well as conventional loans that are available. The programs that are available are matched with the company's needs, and the foundation helps to lead the company through the maze of paper work. The foundation is seeking to establish a revolving loan program in the City of Baytown with the Community Development Department. They are working with Harris County and the Houston - Galveston Area Council of Governments in meeting requirements for funding and development under Economic Development administration funding programs. The other item that the foundation is working on is develop- ing and planning a marina for the Baytown area. To date, the Foundation has solicited private funding to finance a study by a consultant to design, plan, and submit an application to the Corps of Engineers for a marina. The consultant has finished his work, the application is in, the Corps of Engineers has sent it to the review agencies, and it is being reviewed. At this point it is obvious that the project is viable. Now, it is necessary to come together with the city government to determine how best to carry the project on. Through all this process of gathering tools to work with, companies have been coming in making inquiries. In dealing with the clients, two financial impediments have arisen. Most of the companies have not yet made a decision, but of the companies that have decided to locate elsewhere, two common factors surfaced. One, is lack of favorable financing programs with favorable rates. This is not uncommon in the State of Texas on the whole. States that Texas is competing with are offering low interest loans. The state legislature is presently considering financing on a state -wide basis. Harris County, through is Community Development Program, is using HUD Community Development funds to establish a revolving loan program that is ready for implemen- tation. Mr. Shields urged council to establish a revolving loan program for Baytown. It is a very difficult project to accom- plish, but it is sorely needed. However, the greatest problem that has risen constantly is the lack of developed industrial sites in the Baytown area. There is a wealth of available land, but none of it supports industry. It doesn't have the water, roads, utilities or other necessary amenities. Therefore, Mr. Shields asked that council r ", concur with the foundation joining with city management in find- 70709 -27 Minutes of the Regular Meeting - July 9, 1987 ing a solution to the problem. Competition is keen throughout the United States for those companies looking to relocate. This problem puts Baytown in a non - competitive position. Councilman Philips stated that the Strategic Planning Committee has considered the necessity of expanding utilities and roads to prospective areas of growth. The city has a role to play along with the private investor. The Strategic Plan con- tains the areas that should be targeted for future growth. Councilman Embry pointed that Baytown has many natural advantages such as water, close proximity to the ship channel, IH -10, good rail service, and a good labor force. With all these advantages it is a shame that the last link has not come together for a total package. Councilman Philips stated that funds are available. The Texas legislature has developed a Texas Department of Commerce, and an Economic Development Office is being created. That is where the city needs to apply for funding. Council thanked Mr. Shields for his report. Citizen's Communications a. Jim Wakeland, 1005 Narcille, will appear regarding application of deed restrictions to Carolyn Meadows Subdivision reserve. Mr. Wakeland appeared concerning the placement of a mobile home in the portion of Carolyn Meadows Subdivision marked Reserved on the plat for that subdivision and the possibility that more mobile homes are to be placed there. The residents of that area are concerned that the placement of mobile homes in the reserved section will lower the property values of the residen- tial area. The city attorney reminded council that under the policy adopted by council it would take four votes of council to recon- sider this matter. At a previous meeting, Mr. Hicks had appeared before council to request that council make a determination with regard to the section of the Carolyn Meadows plat marked Reserved. At that time, council determined that the deed restrictions of Carolyn Meadows Subdivision did not apply to the reserved area. At the time Mr. Hicks appeared before council, he had a petition which indicated that the majority of the home- owners did not oppose the placement of a mobile home. However, Mr. Wakeland said that Mr. Hicks had mislead the homeowners when he asked if they would sign the petition. W 70709 -28 Minutes of the Regular Meeting - July 9, 1987 Councilman Embry indicated that if Mr. Wakeland were to present a petition that represented a substantial number of the homeowners he would be inclined to reverse his decision. Ron Marsh, owner of property at Dwinnel and Woodlawn, indi- cated that he knew nothing of the petition and that he felt certain that no developer would develop homes and then set aside an area where deed restrictions would not apply. There is possi- bility that the developer set aside the area for a project that would enhance the neighborhood, such as a playground for children. Councilman Embry requested that the administration look into the matter and inform council what the options are. Councilman Embry moved to put the matter on the next council agenda. Coun- cilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry Fuller and Pruett Mayor Pro Tempore Johnson Nays: None b. Mary T. Childers, 911 Massey Tompkins, requests action concerning odor problem along Massey Tompkins in the vicinity of Donath's Nursery. Mary T. Childers of 911 Massey Tompkins and Mary Williams of 615 Massey Tompkins, appeared concerning the odor problem along Massey Tompkins in the vicinity of Donath's Nursery. Both ladies verified that the problem has persisted for about two months. Howard Brister, Director of the Health Department, stated that his office had been contacted concerning the problem about three weeks ago. The Health Department has been working with the owner of the cattle to resolve the problem. The owner was asked to spread dirt over the spoiled cattle feed which was done, and the owner sprayed for flies. The owner was contacted once again and asked to spread lime which was done the day of the council meeting. Mr. Brister stated that he had been out to the cattle yard, and the only odor that was detectable at that time was the barnyard odor. Mr. Brister stated that he could ask the owner to bury the remaining residue. With regard to an inquiry from council, Mr. Brister stated that the Health Department felt the better action was to contact the owner and work with the owner to resolve the problem rather than to simply file charges in Municipal Court. While the 70709 -29 Minutes of the Regular Meeting - July 9, 1987 matter would be waiting to go to trial, the problem would still persist. He also stated that he gave the owner notice that he must comply with the distance requirements of the ordinance. Ms. Childers verified that the owner did change the feed locations. Councilman Embry concurred that the better solution was to attempt to resolve the problem as quickly as possible; utilizing the legal process would not get the problem resolved quickly. Mayor Pro Tempore Johnson suggested at this point that the cattle owner be asked to bury the residue. Consider Proposed Resolution No. 988, Authorizing Participation in the 312 Loan Program In 1984, council adopted a resolution indicating to HUD that the City of Baytown would like to participate in the 312 Program; however, at that time no one expressed any interest in the program. The administration would like to renew efforts to obtain 312 funding for Baytown. Therefore, HUD has requested that a new resolution be adopted by city council. The loan program will be administered by HUD. The city staff will provide HUD with a map of the target areas where this funding would be applicable. The loan program is available for homes at 3% interest with a maximum loan of $33,500. The commercial loan rates are comparable to ten year Treasury Bill rates with a maximum loan availability of $100,000. The administration is not certain that there is a demand for this type funding, but would like to make the offer available. Plans are to make the people in the community aware that the funding is available. The administration recommended approval of the resolution. Councilman Pruett moved for adoption of the resolution. Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Pro Tempore Johnson Nays: None 70709 -30 Minutes of the Regular Meeting - July 9, 1987 Resolution No. 988 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO REQUEST THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO OFFER THE 312 LOAN PROGRAM TO THE CITIZENS OF THE CITY OF BAYTOWN. Consider Proposed Ordinance Awarding Contract For Installation of Phone System at the New Fire Administration Building In certain instances, state law provides that cities may ask for requests for proposals. The installation of the phone system at the new Fire Administration Building is one of those items for which requests for proposals may be made. The process provides that the city may review the bids and select the most advanta- geous offer. Also, state law prohibits the city from releasing any information regarding the proposal prior to the award of the contract. The administration is recommending the proposal of Vitel for the installation of the phone system at the new fire administration building. The Director of Purchasing, Stewart Ellenberg, stated that the company is a small company but with several large accounts. They handle the account of Commonwealth Bank in Houston and come highly recommended. The administration recommended approval of the ordinance. Councilman Embry moved for adoption of the ordinance. Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Pro Tempore Johnson Nays: None Ordinance No. 4748 AN ORDINANCE ACCEPTING THE PROPOSAL OF VITEL FOR THE INSTALLATION OF PHONE SYSTEM AT THE NEW FIRE ADMINISTRATION BUILDING AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THIRTEEN THOUSAND EIGHTY -FOUR AND 10 /100 ($13,084.10) DOLLARS. 70709 -31 Minutes of the Regular Meeting - July 9, 1987 Consider Proposed Ordinance Calling Two Public Hearings For July 23, 1987 On The Proposed Annexation of Forest Gate Subdivision and Adjacent Area The administration has received a request from the owners of Forest Gate Subdivision to annex that area. This area contains large wooded lots. The administration recommended approval of the ordinance. Councilman Pruett moved for adoption of the ordinance. Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Pro Tempore Johnson Nays: None Ordinance No. 4749 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR THE PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF FOREST GATE SUBDIVISION AND ADJACENT AREA; DIRECTING THE PREPARATION OF A SERVICE PLAN; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance Authorizing Lease Agreement With Rooster's, Inc. For Parking Adoption of this ordinance would renew the lease agreement with Rooster's, Inc. which has been effect for several years. The property is owned jointly by the city, county, and school. The lease agreement provides for payment of $100 monthly. The administration recommended approval of the ordinance. Councilman Fuller moved for adoption of the ordinance. Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Pro Tempore Johnson Nays: None 70709 -32 Minutes of the Regular Meeting - July 9, 1987 Councilman Philips made reference to a drainage problem at the location where the railroad had removed a building just off Commerce Street. Mr. Lanham indicated that he had written letters requesting that the railroad take care of the problem and that he would call the superintendent to ask that he expedite matters. Ordinance No. 4750 Ak� ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A TWO YEAR LEASE AGREE- MENT FOR CERTAIN PROPERTY AT NORTH MAIN AND DEFEE STREETS FOR A MONTHLY RENTAL OF ONE HUNDRED AND N01100 ($100.00) DOLLARS. Consider Proposed Ordinance Awarding Bid For Emergency Repair of Sanitary Sewer Line on Bob Smith Road There is a cave -in of the sanitary sewer line on Bob Smith Road which city crews can not handle. Therefore, the administra- tion received two sealed bids on an emergency basis as follows: Angel Brothers Enterprises, Inc. bid $28,580 plus $4,000 if well points are needed. Solesbee Construction Co., Inc. bid $20,454.81 plus $1,220 if well points are needed. Solesbee indicated that the price would be adjusted downward if certain items are not necessary, and the company will begin immediately. The administration recommended the award of the bid to Solesbee Construction Co., Inc. Councilman Embry moved for adoption of the ordinance; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Pro Tempore Johnson Nays: None Ordinance No. 4751 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THAT AN EMERGENCY SITUATION EXISTS, AUTHORIZING THE PAYMENT OF THE SUM OF TWENTY THOUSAND FOUR HUNDRED FIFTY -FOUR AND 70709 -33 Minutes of the Regular Meeting - July 9, 1987 81/100 ($20,454.81) DOLLARS TO SOLESBEE CONSTRUCTION COMPANY FOR THE REPAIR OF THE SANITARY SEWER LINE ON BOB SMITH ROAD; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consent Agenda Council considered the Consent Agenda as follows: a. Proposed Ordinance No. 70709 -5, will authorize final payment to Angel Brothers Enterprises, Inc. for the 1987 Street Improvement Program in the amount of $67,314.46. The total contract amount is $183,760. We recommend approval. b. Proposed Ordinance No. 70709 -6, authorizes final payment to Solesbee Construction Company for the Lakewood Relief Sewer Project in the amount of $14,719.00. We recommend approval. C. Proposed Ordinance No. 70709 -7, will award the bid for a trench box to III Services, Inc. in the amount of $6,435. Bids were mailed to three vendors, one vendor bid and one no -bid was received. This specialized piece of equipment creates protective walls for employees working in ditches and trenches. We recommend approval. d. Proposed Ordinance No. 70709 -8, will award the bid for the purchase of an excavating bucket to Hi -Way Equipment in the amount of $2,640. This is also a specialized piece of equipment used for safety purposes for employees while working in deep ditches and trenches. Bids were mailed to two vendors and one responded. We recommend approval. e. Proposed Ordinance No. 70709 -9 will award the annual tire and tube contract to the low bidder, Sexton Tire Company in the amount of $65,638.07. Bids were mailed to seven vendors and six responded. We recommend approval. 70709 -34 Minutes of the Regular Meeting - July 9, 1987 f. Proposals have been received from Don S. Reichle and Associates and from Tank Industry Consultants, Inc. for inspecting the work to be done on the James Street tank by SSPC, Inc. Our investigation of the work previously performed by SSPC indicates that they are capable of performing excellent work, but will require close inspection for adherence with the contract specifications. The rate schedules for both Reichle and Tank Industry are very comparable. Because the Reichle firm is already so familiar with this project and due to the fact that Reichle will be inspecting a similar project in Nassau Bay, also under contract to SSPC at the same time, it is recommended that the Reichle firm be engaged to inspect the James Street tank repair Job. Estimated cost for this service is $6,500. We recommend approval. Councilman Embry moved for adoption of Consent Agenda Items "a" through "f ". Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Pro Tempore Johnson Nays: None Ordinance No. 4752 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO ANGEL BROTHERS ENTER- PRISES, INC. FOR THE 1987 STREET IMPROVEMENT PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 70709 -5) Ordinance No. 4753 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO SOLESBEE CONSTRUCTION COMPANY FOR THE LAKEWOOD SEWER RELIEF PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 70709 -6) Ordinance No. 4754 AN ORDINANCE ACCEPTING THE BID OF III SERVICES, INC. FOR THE PURCHASE OF A TRENCH BOX AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SIX THOUSAND FOUR HUNDRED THIRTY -FIVE AND N01100 ($6,435.00) DOLLARS. (Proposed Ordinance No. 70709 -7) 70709 -35 Minutes of the Regular Meeting - July 9, 1987 Ordinance No. 4755 AN ORDINANCE ACCEPTING THE BID OF HI -WAY EQUIPMENT FOR THE PUR- CHASE OF AN EXCAVATING BUCKET AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND SIX HUNDRED FORTY AND N01100 ($2,640.00) DOLLARS. (Proposed Ordinance No. 70709 -8) Ordinance No. 4756 AN ORDINANCE ACCEPTING THE BID OF SEXTON TIRE COMPANY FOR THE ANNUAL TIRE AND TUBE CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SIXTY -FIVE THOUSAND SIX HUNDRED THIRTY -EIGHT AND 07/100 ($65,638.07) DOLLARS. (Proposed Ordin- ance No. 70709 -9) Ordinance No. 4757 AN ORDINANCE APPROVING AN AGREEMENT WITH DON S. REICHLE AND ASSOCIATES FOR THE INSPECTION OF THE JAMES STREET ELEVATED WATER STORAGE TANK; AND AUTHORIZING PAYMENT OF THE SUM OF SIX THOUSAND FIVE HUNDRED AND N01100 ($6,500.00) DOLLARS IN CONSIDERATION THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 70709 -10) For bid tabulations, see Attachments "A" through "C." Norman Dykes Recognized Mayor Pro Tempore Johnson recognized Norman Dykes, Director of Public Works /City Engineer, for being named "1987 Man of the Year" by the Texas Chapter of the American Public Works Association. Consider Appointments to Baytown Cultural Arts Council Councilman Fuller moved to reappoint Ben Gollehon and to appoint Rudolph Gonzales to the Baytown Cultural Arts Council. Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Pro Tempore Johnson Nays: None 70709 -36 Minutes of the Regular Meeting - July 9, 1987 Consider Appointments to Mechanical Board These appointments will be made at a future meeting. City Manager's Report Marina - Plans are moving ahead faster than expected on the marina. The Corps of Engineers has already mailed public notice of the application, and comments from interested parties must be returned on or before August 10. Bobby Rountree, Assistant City Manager, reminded council that the Economic Development Foundation through private contri- butions had secured $10,000 to pay a consultant to develop plans for submission of the application on the marina to the Corps of Engineers. The foundation did not ask for money beyond that point because they did not know what the charges would be. The process has reached the point where more money is necessary for the consultant to respond to comments filed with the Corps of Engineers and to questions from Fish and Wildlife officials. Also, it will be necessary to perform an archaeological survey, but it is not necessary to fund money for the archaeological study immediately. At this point it is estimated that the cost for the consultant's time and for the archaeological survey will total about $30,000. The Economic Development Foundation can use money on hand to help finance this next phase, but would need a commitment from council to reimburse that expenditure. Council asked the administration to work on an amendment to the contract with the Economic Development Foundation and place an item on the next agenda to appropriate an amount from contin- gency to cover the next phase. Garbage Bags - Garbage bags will be furnished in plastic bags rather than in boxes as previously reported. Huggins Street Drainage - City crews have begun the process of installing inlets along Huggins Street. Councilman Pruett stated that two catch basins on Huggins next to the bay appear to be plugged. 1986 Community Development - Oak Street Improvement - This project is about 50% complete. The reinforcing steel and forms have been set on the west lane. The crew was scheduled to begin pouring cement, but was unable to begin because of rain. 70709 -37 Minutes of the Regular Meeting - July 9, 1987 Raccoon Drive Water Line - This line is being installed by city forces, and Timber Ridge Addition has been tied in, thus the well in that subdivision has been discontinued. Central District Sewage Treatment Plant - Rain has slowed progress, but work on the plant is about 25% complete. This is a critical contract in terms of meeting EPA and Texas Water Commission deadlines. Central District Rehabilitation of Collection System - This project is 44% complete. Central District Lift Station Modifications - Rain has stopped the work on this project. Pamela Street Relief Sewer and Allenbrook /Cedar Bayou Lynch- burg Lift Station Facilities - This project is 68% complete. East Grand Parkway Aviation Committee - Judge Nelson has notified us that County Commissioner Earl Porter, County Commissioner Paul Lott, and he will be serving with Baytown's appointees on this committee. Tour of Massey Tompkins Water Tower - Council will tour the Massey Tompkins Road Water Tower prior to the next council meeting if the weather permits. Muscular Dystrophy - Council has been invited to participate in a dunking booth for Muscular Dystrophy at San Jacinto Mall's Service Merchandise. Council members interested in participating need to call Service Merchandise. Questions /Comments From Council Councilman Philips mentioned the proliferation of unlicensed, untied portable signs. In response to an inquiry from council, Norman Dykes stated that city crews had been out on Pin Oak and Post Oak to correct an area where the pipe had separated. Also, in response to council, the City Manager stated that an investigation is being conducted by the insurance company of 70709 -38 Minutes of the Regular Meeting - July 9, 1987 the property owner across the street from where the gasoline had accumulated in the vicinity of Baker Road. The city had discon- tinued operations there on June 16, 1987, when General Telephone requested that gasoline withdrawal operations cease and that all city equipment be removed. Mr. Lanham, in response to council, said that in order to raise West Main near the treatment plant, funding should be included in a bond issue. Adjourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall City Clerk 3 -1 -17 CITY OF BAYTOWN 810 TABULATION TITLE: TRENCH BOX NUMBER: 8705 -I6 DATE: 6 -24 -81 2:00 P.M. Attachment "A" i i i i ;111 5ERV10E5 1 , ;ITEM; Q11 MIT ;OESCRIPTION 1 , ;UNIT PRICElEXT. PRICE:TNIT PRICEIEXT SUNI PRICElUNIT PRICEIEXT. PRICET PRICE'EXT PRICE; 1. -I#'- ; EA. ;TRENCH BOX 61435.001 ; 1 1 I 1 1 I I 1 1 1 1 I ;ALTERNATE: 81155.00; 1 1 1 1 'BIOS SENT TO 3 VENDORS. I I I 1 1 I 1 1 1 1 1 1 1 I I 1 I j j 1 1 1 1 I 1 1 1 1 1 1 1 1 � I I I 1 1 CITY OF BAYTOVN 810 TABULATION TITLE: EXCAVATING BUCKET 810 NUMBER: 8705 -75 DATE: 6 -24 -87 2:00 P.M. Attachment IIBII I i i i CHI -MAT EQUIPMENT 1 , ;ITEM; QTY ;UNIT ;DESCRIPTION I ; ;UNIT PRICE!EXT. PRICElUNiT PRICElEXT PRICEI'UNIT PRICE!EXT. PRICE!UNIT PRICEIEXT PRICE, I EA. ;EXCAVATING BUCKET ; 21640.00; ; ! 11 1 ! 1 I 1 1 'BIOS SENT TO 1 VENDORS. ! ! 1 1 I 1 1 I 1 1 I I I 1 1 1 I 1 1 1 1 1 I 1 I 1 1 I 1 I I 1 1 1 I 1 1 1 1 1 I 1 1 1 1 I 1 1 1 1 I 1 1 I 1 1 I 1 I 1 1 I 1 1 I I 1 1 I I 1 1 1 1 1 I I I I I 1 1 1 I 1 1 I I 1 1 1 1 I 1 1 1 1 1 I 1 1 1 f 1 I I 1 1 1 1 1 1 I I 1 1 1 I 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 I 1 I 1 I 1 1 J 1 I 1 1 I 1 I 1 1 I 1 I I 1 1 I I 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 I 1 1 I 1 1 1 1 1 1 i I 1 I I 1 I 1 I I I I I I 1 1 1 I I 1 1 1 1 1 1 1 1 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 I 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 I 1 1 1 1 I 1 I 1 1 1 1 I I I I 1 I 1 1 1 1 I 1 1 I 1 I 1 I 1 1 1 1 1 1 1 I 1 1 I 1 1 1 I I I 1 1 1 1 I 1 1�1 1 1 I 1 1 1 1 I I 1 1 1 I 1 1 I I 1 1 1 CITY OF BAYTOWN BID TABULATION Attachment "C" TITLE: ANNUAL TIRE AND TUBE CONTRACT 810 NUMBER: 8705 -78 DATE: 6 -13 -87 2 :00 P.M. 1 1 :GOOOYEAR 1SNULTS BROTHERS 1SEXSON TIRE ;FULLERS ; ;ITEM; QTY WRIT !DESCRIPTION -� ;UNIT PRICEIEXT. PRICElUNIT PRICElEXT. PRICElUNIT PRICEIEXT. PRICElUNIT PRICE!EXT. PRICE; 1 ;SECTION I- POLICE TIRES-: 1. It 1 , , 1. 10 1 EA. 1195- 7SR14WSW ; 44.72; 447.20; 49.36; 493.60; 42.59; 425.90; 29.56; , 295.60; 2. 75 1 EA. 1225 -70R15 ; 47.38; 3,553.50; 45.33; 3,399.751 47.36; 3,552.001 57.71; 4,328.25; 3. 1 SO 1 EA. 1235 -70R15 ; 48.56; 2,428.001 50.581 2,529.001 48.56; 2,428.001 1 ; 1 1 1 1 TOTAL:, 6,428.701 ; 6,422.35; ; 61405.901 4,623.85; 1 ;SECTION ]A-POLICE TIRES 1 4. 1200 1 EA. 1P125 -70R15 49.74; 9,948.00; ; 49.731 9,946.00; 57.71; 11,542.00; TOTAL:; 16,376.70; 6,422.35; ; 16,351.90; 16,165.85; ;SECTION [I-TRUCK TIRES S. 8 EA. 'LT215/85R160 62.35, 498.801 $6.01; 448.08; 59.19; 473.521 68.21; 545.68; 6. ; 10 1 EA. 17.00 -14 28.53; 285.30; 33.00; 330.00; 18.53; 285.301 34.14; 341.401 1. 1 B. 30 54 1 EA. ; EA. 1225/75R15 1670 X 15 ; 34.68; 1,040.40; 38.981 1,169.40; 33.15; 994.50; 33.81; 1,019.30; 9. ; 31.11; 1,683.18; 45.76; 2,471.04; 31.17; 1,683.18; 1 ; ; ;10. , 4 15 EA. ; EA. 1700 X 14 ;700 X 15 ; 28.53; 114.12; 33.85; 135.40; 28.53; 114.12; 34.14; 136.56; 111. 50 ; EA. ;150 X 16 - 6 PLY ; 37.50; 47.60; 562.50; 2,380.001 41.18; 46.58; 611.10; 2,329.00; 33.10; 43.31; 496.50; 1,165.50; 37.24; 41.89; 558.60; 2,094.50; ;1]:. 113. 1 32 10 1 EA. 1 EA. 1750 X 16 - 8 PLY X 16.5 47.60; 1,523.20; 49.16; 1,573.12; 45.33; 1,450.56; 41.89; 1,340.48; 114. 1 20 1 EA. 1800 'IIL - 1651 ; 1 41.11; 73.94; 411.10; 1,478.80; 43.54; 62.36; 435.40; 41.11; 411.10; 39.50; 395.00; 115. 1 20 1 EA. ;900 X 20 ; 99.82; 1,996.40; 102.12; 1,247.20; 2,042.40; 52.711 99.82; 1,054.20; 1,996.401 54.19; 94.41; 1,083.80; 1,888.20; 116. ; 117. ; 60 60 ; EA. EA. ;1000 X 10 ;1100 X 20 ; 130.18; 7,810.801 111.65; 7,299.00; 130.17; 7,810.20; 119.35; 7,161.00; 118. 1 40 1 EA. ;1100 X 22 1 144.83; 152.36; 8,689.80; 6,094.40; 154.151 152.351 9,249.00; 6,094.00; 144.83; 152.36; 8,689.80; 130.23; 7,813.80, 119. ; 10 1 EA. 0300 X 24 ; 207.96; 2,079.60; 199.36; 1,993.60; 245.71; 6,094.40; 2,457.101 1 213.14; 11 2,131.40; 110. ; 12 ; EA. ;13.6 - 28114 112.21; 1,346.52; 180.98; 2,171.76; 112.20; 1,346.40; 11 121. ; ,22. , 12 12 ; EA. EA. ;14.9 - 24R4 117.SL- 24114 154.72; 1,856.64; 197.20; 2,366.40; 154.71; 1,856.641 150.531 11 1,806.36; 123. 12 ; EA. 116.9 - 24114 ; 1 203.78; 189.90; 2,445.36; 2,278.80; 231.18; 240.82; 2,774.16; 2,889.84; 203.781 189.90; 2445.36 ; 2,278.80; 198.86; 167.53; 2,386.44; 124. 125. ; 12 4 1 EA. EA. 1116.9 - 30R1 1 166.331 2,019.961 258.92; 3,107.04; 168.33; 2,019.96; 181.32' 2,010.36; 2,175.841 126.1 4 1 ; EA. 1P155 X 80813 18- 14.5LT ; 12.71; 90.84; 32.67; 130.681 19.99; 79.52; 21.871 87.48; 127. ; 6 ; EA. 1LT234 -85R16 1 46.38; 67.171 185.52; 403.011 63.00; 64.12; 252.80; 46.38; 185.521 59.20; 236.80; 128. 8 1 EA. 1950- 16.51T 47.95; 383.60; 56.86; 384.721 454.88; 63.66; 47.95; 381.96; 383.601 76.74; 48.921 460.44; 391.36; ,29. 130.1 8 4 1 EA. 1 EA. ;8.15- 16.SLT 116.9-2881 1 43.161 345.28; 52.51; 420.08; 43.16; 345.28; 45.061 360.48; ,31.1 4 1 EA. ;18.4 -30R1 ; 1 154.46; 179.88; 617.84; 71932; 230.07; 277.66; 920.181 1,110.64; 154.46; 179.88; 617.84; 719.521 167.82; 208.061 671.28; 832.24; 1 8 1 EA. 16.50 -160 1 32.701 261.60; 38.381 306.72; 32.70; 261.601 31.521 252.16; . 1 ' 4 1 EA. 16.75- 16.SLT ; 43.16; 172.64; ; 43.16; 172.64; 45.06; 160.24; I 1 EA. 16- 12R4 -TR ; 18.10; 18.10; 15.15; 15.151 1 TOTAW ; 49,793.64; 54,723.541 1 49,286.171 36,361.041 GRAND TOTAL:; 1 66,170.34; 1 61,145.89; 1 65,638.071 54,512.05; 1 ,BIOS SENT TO 7 VENDORS. CITY OF BAYTOVN BID TABULATION PAGE 1 TITLE: ANNUAL TIRE AND TUBE CONTRACT BID NUMBER: 8705 -78 DATE: 6 -23 -81 2:00 P.N. DA - 1 TIRE ;GENERAL TIRE MEN: QTY ;UNIT ;DESCRIPTION 1 1 :UNIT PRICEIEXT. PRICE;UNIT PRICE IEXT. PRICE1UNlT PRICElEXT PRICE;UNIT PRICE'EXT PRICE; 1 ;SECTION I- POLICE TIRES I. ; 10 ; EA. '195- 7SRl4WSV _ 1. 75 ; EA. ;125 -70RIS 3. ; 50 1 EA. 1235 -70R15 ; TOTAL :1 ; ;SECTION IA-POLICE TIRES 4. :200 ; EA. IP125 -70RIS TOTAL:; 1 1 ;SECTION II -TRUCK TIRES S. 1 8 1 EA. 1,LT215/85R160 63.901 511.201 70.761 566.081 1 6. 1 10 1 EA. 17.00 -14 1 35.631 356.361 32.861 328.601 7. 1 30 1 EA.:225/75RIS 1 34.011 11022.101 38.831 1,164.901 1 8. 1 54 1 EA. 1670 X 15 : 33.161 1,790.641 35.751 1,930.501 9. 1 4 1 EA. 1700 X 14 1 35.631 142.521 31.641 126.561 1 1 1 110.1 15 ; EA. 1700 X 15 : 1 1 42.691 640.351 1 1 1 1 111. 1 50 1 EA. 1750 X 16 - 6 PLY 1 44.771 2,238.501 42.671 2,133.501 1 1 1 1 112.1 32 1 EA. 1750 X 16 - 8 PLY 1 44.291 1,417.281 47.301 1,513.601 1 1 1 1 113. 1 10 1 EA. 1800 X 16.5 1 41.611 416.701 47.881 478.801 1 1 1 1 14 ' 1 • 1 20 1 ' EA. 'Ill - 16SL 1 1 1 115.1 20 1 EA. 1900 X 20 1 94.861 1 1,897.201 1 108.541 I 1,170.801 1 1 1 1 1 1 I 1 116. 1 60 1 EA. 11000 X 20 1 114.181 6,11S0.801 123.361 7,401.601 1 1 1 1 117.1 60 1 EA. 11100 X 20 1 142.611 8,556.601 154.911 9,194.601 1 1 1 1 118.1 40 1 EA. 11100 X 21 1 166.121 6,648.801 149.101 5.964.001 1 1 1 1 119.1 10 1 EA. 11300 X 24 1' 198.611 1,986.101 217.681 2,176.801 1 1 1 1 120.1 12 1 EA. 113.6 - 18114 1 144.941 1,739.281 1 1 1 1 1 1 121.1 12 : EA. 114.9 - 24114 1 157.771 1,893.241 1 1 1 1 1 112.1 12 1 EA. :17.5L- 24114 1 201.511 2,418.121 1 1 1 1 1 1 123.1 11 : EA. 116.9 - 24114 1 183.721 2,204.641 1 1 1 1 1 1 124. 1 12 1 EA. 116.9 - 30RI 1 216.811 2,601.721 It 1 1 1 1 125.1 4 1 EA. !PISS X 8OR13 1 24.221 96.881 26.081 104.321 116.1 4 1 EA. 18- 14.SLT 1 50.471 201.881 51.231 208.921 1 1 1 1 127.1 6 1 EA. 111234 -851116 1 72.941 437.641 74.141 444.841 1 1 1 1 128.1 8 1 EA. 1950- 16.SLT 1 47.571 360.561 $7.701 461.701 1 1 1 1 129.1 8 1 EA. 18.75- 16.SLT 1 43.841 350.721 52.911 413.281 1 1 1 1 130.1 4 1 EA. 116.9 -28111 1 191.511 766.041 1 1 1 1 1 1 131.1 4 1 EA. 118.4 -30R1 1 259.541 1,038.161 1 1 1 1 1 132.1 8 1 EA. 16.50 -16LT 1 35.051 280.401 36.741 293.921 133. 1 4 1 EA. 16.75- 16.5LT i 1 1 52.911 211.641 1 1 1 1 134. 1 1 1 EA. 16- 12114 -TR 1 23.231 23.231 48.011 48.011 1 1 1 '? 1 1 1 1 TOTAL:: 1 48,267.251 1 38,087.321 It 1 1 1 I 1 1 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 GRAND TOTAL:: 1 48,267.251 1 38,087.321 1 1 1 1 1 1 1 I TIRE AND TUBE GENERAL TIRE SERVICE 6658 GULF FREEWAY HOUSTON,TX 77087 v ATTN: MIKE ZURZOLA PHONE: 644 -5631 GOODYEAR 4411 HOMESTEAD ROAD HOUSTON,TX 77028 ATTN: JAMN- BARRON i(k PHONE: 64Q-@@B-l- FULLERS TIRE CO. 1900 N. ALEXANDER BAYTOWN,TX 77520 m /CHMCL ATTN: B'ARRECL VOJACEK PHONE: 422 -8171 SEXSON TIRE & AUTOMOTIVE 1115 W. BAKER 8AYTOWN,TX 77521 ATTN: Cnrc L L Yni Cx PHONE: 427 -7416 `1a� /fs &4,kxrs "___ . TIRE SE- RV-I-CE 2112 SOUTHMORE PASADENA,TX 77502 v Afj�n .6212E44)/Arr ATTN: Tam SlLzz PHONE: 477 -7050 A -Z TIRE 8 BATTERY P. 0. BOX 9138 AMARILLO.TX 79105 ATTN: Mi l(E- NUSS8AU PHONE: 95L . S-' 'W BAYTOWN\TIRE 8 ALTO CENTER 2108 BAY1 PLAZIY'" BAYTOWN, - 77520 ATTN./ ED IE BRIDWELL PHONE: ATTN: PHONE: