1987 11 12 CC MinutesMINUTES OF THE REGULAR MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
November 12, 1987
The City Council of the City of Baytown, Texas, met in
regular session on Thursday, November 12, 1987, 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 Fuller
Rolland J. Pruett
Emmett O. Hutto
Fritz Lanham
Bobby Rountree
Randy Strong
Eileen P. Hall
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
The meeting was called to order with a quorum present. The
invocation was offered by Councilman Fuller, after which the
following business was conducted:
Consider Minutes of Regular Meeting Held October 22, 1987
Councilman Fuller moved for approval of the minutes for the
meeting held October 22, 1987. Councilman Johnson seconded the
motion. The vote follows:
Ayes: Council members Johnson, Simmons, Embry,
Fuller and Pruett
Mayor Hutto
Nays: None
Abstained: Councilman Philips
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Minutes of the Regular Meeting - November 12, 1987
Citizen's Communications:
a. A. G. Lenamond or D.R. Bossley will appear to discuss
possible variance on certain buildings on Texas Avenue and
possible tax breaks.
A.G. Lenamond, owner of a store at 424 West Main,
stated that he owns the property at 222 Texas Avenue, the old
J.C. Penny Store, and would like to buy the property at 202
Texas Avenue. The building at 222 Texas Avenue is in a state of
disrepair, and Mr. Lenamond would like to repair the building in
stages. He stated that he would like to remodel the first floor
and put a new roof on the building. Then he would remodel the
second and third floors. Mr. Lenamond plans to put an antique
shop in place at that location. Also, Mr. Lenamond expressed an
interest in tax abatement for Texas Avenue, as well as consider-
ation for removal of a portion of the snake down Texas Avenue to
create parking for 202 Texas Avenue. Mr. Lenamond verified that
his intention was to use the first floor of the building prior to
remodeling the other two floors. He also indicated that he
probably would need a variance for work at 222 Texas Avenue.
The City Manager suggested that council allow the
administration to work with Mr. Lenamond. Therefore, Mayor Hutto
asked Mr. Lenamond to make an appointment with Mr. Cramer and
reminded Mr. Lenamond that he would probably need a set of plans.
With regard to the suggestion on tax abatement, the
city manager explained that the tax abatement policy that council
would be considering later in the meeting would not apply to the
situation on Texas Avenue. However, the administration is
developing a report for council on how tax abatement can be used
for redevelopment.
Alene Bunting Recognized
Mayor Hutto recognized Alene Bunting, resident at 1903
Britton, who presented council with a petition signed by 14
residents on Britton Street requesting that a new water main be
installed to serve Britton Street from 1801 to 2111.
Councilman Johnson moved to accept the petition. Councilman
Philips seconded the motion. The vote follows:
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Minutes of the Regular Meeting - November 12, 1987
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
Council was careful to explain to Ms. Bunting that accep-
tance of the petition simply meant that the city would take the
matter under advisement.
Consider Authorizing a Letter From Council Indicating That
Channel Aviation, Inc. Plan For Expansion Has Merit
In accordance with council instructions, the administration
had drafted a letter for council consideration indicating that
the Channel Aviation, Inc. plan for expansion has merit.
Donald A. Moss, 1211 East Cedar bayou Lynchburg Road,
addressed council concerning a petition signed by about 85
residents in the vicinity of the Baytown Airport. The petition
expressed opposition to the proposed expansion of Baytown Airport
formerly Humphrey Airport. Reasons for opposition follow:
i. Contribute to a decline in real estate value in the area
surrounding the above named airport.
2. Allow jet- -type aircraft traffic access to the above named
airport.
3. Increases the risk of safety hazards to the area that might
result from an increase in air traffic.
4. Increase noise pollution associated with aircraft and /or air
traffic.
5. Alter or impact the existing Cedar bayou Lynchburg Road in
such a way as to restrict or cause the stoppage of traffic
flow through the area near the airport.
b. Cause property owners to unwillingly surrender their
property to this cause.
Councilman Philips moved to accept the petition; Councilman
Fuller seconded the motion. The vote follows:
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Minutes of the Regular Meeting - November 12, 1987
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
Richard Baldwin, Corporate counsel for Channel Aviation
Inc., stated that Channel understood that people are involved
here and that the company is in no way asking council to withdraw
support or not consider future plans for a regional airport.
Channel also understands that the FAA along with others must pass
on this plan. Mr. Baldwin assured council that the letter being
proposed placed no commitment on the part of the city. Channel
is requesting a letter to use in the next step which is before
Commissioner's Court to indicate that the proposed plan has
merit.
The letter which the administration had drafted thanked
Channel Aviation for updating council on expansion plans for the
airport. It stated that the plan appeared to be a good one, and
that council was pleased to lend its support, and concluded by
making it clear that Channel's plans will not preclude the city
council from participating in an FAA Study for a Regional
Airport.
Certain members of council had a problem with the wording
"and we are pleased to lend our support "; therefore, Councilman
Philips moved to authorize the administration to forward the
letter to Channel Aviation, Inc. deleting the words "and we are
pleased to lend our support ". Councilman Johnson seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
Consider Proposed Resolution, Approving Participation In The
Telephone Franchise Study
City Attorney, Randy Strong, explained that a number of
cities being served by General Telephone and Southwestern Bell
have had difficulty negotiating franchise agreements with these
companies. The companies have elected to deal with each city
individually negotiating a 4% franchise in some places; in others
2 %.
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Minutes of the Regular Meeting - November 12, 1987
Therefore, a Telephone Franchise Study Committee has been
formed, and that committee would like to hire Don Butler to
develop a model ordinance, along with procedures for negotiation
and development of a franchise agreement to cover expenses. Each
participating city is asked to contribute 1/2 cents per capita.
Baytown's cost would be about $300. The administration recom-
mended adoption of the proposed ordinance approving participation
in the Telephone Franchise Study.
Councilman Pruett moved for adoption of the resolution;
Councilman Embry seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
Resolution No. 1000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING PARTICIPATION IN THE TELEPHONE FRANCHISE STUDY
COMMITTEE; AND PROVIDING FOR THE EFFECTIVE DATE.
Consider Proposed Resolution, Establishing Guidelines and
Criteria For Granting Tax Abatement In a Reinvestment Zone
Tax abatement in a reinvestment zone was discussed in a work
session prior to the last council meeting. Lee College, Goose
Creek Independent School District and the county have adopted
this policy. The administration has studied this and believes
these to be a reasonable set of guidelines. Abatement could be
100% for two years during construction and 5 years thereafter.
If construction takes longer than 2 years, the total abatement
will not exceed 7 years. In order for any potential industry or
business to qualify, the industry or business must have a value
of five million dollars and produce thirty jobs. The administra-
tion recommended approval of the resolution.
Councilman Simmons moved for adoption of the resolution;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
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Minutes of the Regular Meeting - November 12, 1987
Resolution No. 1001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING AND ADOPTING GUIDELINES AND CRITERIA FOR GRANTING TAX
ABATEMENT IN A REINVESTMENT ZONE CREATED IN HARRIS COUNTY; AND
PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Proposed Resolution, Casting the City of Baytown's
Ballot For Election of a Person to the Board of Directors of the
Harris County Appraisal District
Previously, council had adopted a resolution nominating Tom
Bartlett to the board of directors of the Harris County Appraisal
District. Now each entity must cast its ballot for election of a
person to the board of directors of the Harris County Appraisal
District.
Councilman Simmons moved to adopt the proposed resolution
casting the City of Baytown's vote for Tom Bartlett. Councilman
Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
Resolution No. 1001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CASTING ITS VOTE FOR THE OFFICE OF DIRECTOR, HARRIS COUNTY
APPRAISAL DISTRICT, FOR THE TERM ENDING DECEMBER 31, 1989.
Consider Proposed Ordinance, Approving the Financing by The Bell
County Health Facilities Development Corporation of Health Facil-
ities Located Within the City of Baytown, Texas
This item was placed on the agenda at the request of John
Messer in his capacity as legal counsel to the Bell County Health
Facilities Development Corporation. The corporation proposes to
issue its Texas Fixed Rate Health Facilities Development Revenue
Bonds to provide funds to finance certain specific health
facilities for designated participating non - profit borrowers
throughout the State of Texas. The feeling is that the use of a
single issuer and the consolidation of various borrowers,
projects and loans have significant advantages over the financing
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Minutes of the Regular Meeting - November 12, 1987
have significant advantages over the financing of such projects
on an individual basis. Advanced Living Technologies, Inc. is
the borrower that has requested financing for the following:
1. The acquisition, improvement and expansion of a 100 bed
nursing home known as Green Acres Convalescent Center located at
2000 Beaumont Road; and
2. The acquisition, improvement and expansion of a 120 bed
nursing home known as Allenbrook Healthcare Center located at
4109 Allenbrook.
Councilman Simmons moved for adoption of the ordinance;
Councilman Pruett seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
For Certificate and full text of ordinance, see Attachment
am
Consider Proposed Ordinance, Approving the Execution and Delivery
of a Personal Property Finance Contract; Levying a Continuing
Direct Annual Ad Valorem Tax, Within Applicable Legal Limita-
tions, For the Payment of Amounts Due Thereunder; Pledging Such
Tax to the Payment of Such Amounts; Approving the Execution and
Delivery of an Escrow Agreement; and Containing Other Incidental
and Related Matters
Adoption of the proposed ordinance will provide funding to
purchase the computer equipment authorized previously by council.
Funds were included in the 1987 -88 budget to finance the purchase
for one year. Payments are to be spread over a five year period.
Adoption of the ordinance will authorize the City of Baytown to
enter a Personal Property Finance Contract with Public Property
Finance Corporation of Texas. Public Property Finance Corpora-
tion of Texas is the corporation formed by the City of Belton,
Belton Independent School District, and Bell County to issue the
bonds necessary to finance the personal property acquisition.
As part of the process the city must certify that a direct
annual ad valorem tax will be levied sufficient to meet the debt
service requirement of the bonds issued by Public Property
Rd
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Minutes of the Regular Meeting - November 12, 1987
Finance Corporation of Texas for the acquisition of personal
property for the City of Baytown. This is the same action that
council takes when General Obligation Bonds or Certificates of
Obligation are issued. The average interest rate that will be
paid by the City is 7.25 %. The administration recommended
approval of the ordinance.
Councilman Philips moved for adoption of the ordinance;
Councilman Embry seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
Ordinance No. 4856
AN ORDINANCE OF THE GOVERNING BODY APPROVING THE EXECUTION AND
DELIVERY OF A PERSONAL PROPERTY FINANCE CONTRACT; LEVYING A
CONTINUING DIRECT ANNUAL AD VALOREM TAX, WITHIN APPLICABLE LEGAL
LIMITATIONS, FOR THE PAYMENT OF AMOUNTS DUE THEREUNDER; PLEDGING
SUCH TAX TO THE PAYMENT OF SUCH AMOUNTS; APPROVING THE EXECUTION
AND DELIVERY OF AN ESCROW AGREEMENT; AND CONTAINING OTHER
INCIDENTAL AND RELATED MATTERS.
Consider Proposed Ordinance, Restricting Entry to Brownwood Area
Fritz Lanham, City Manager, explained that an item was
placed on the agenda in the form of an ordinance in order that
council could take action if the Legal Department after
researching the matter felt that an ordinance would be
appropriate.
After reviewing the matter, the Legal Department felt that
there was a problem with adopting an ordinance to restrict entry
to the Brownwood area.
Randy Strong, City Attorney, explained that during an
emergency situation council would have the authority to limit or
restrict entry; however, under the present circumstances council
would not have this authority because council would be
restricting entry to public property. He reminded council that
an ordinance was adopted after Alicia restricting entry to
Brownwood at the request of the property owners and the City was
sued. Now in a less appropriate situation, council is being
asked to restrict entry to the Brownwood area again. He pointed
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Minutes of the Regular Meeting - November 12, 1987
out that the courts could wonder why the city would restrict
entry to the area rather than increase police patrol.
Council inquired if the current loss of property would not
be sufficient to justify an ordinance restricting entry. The
city attorney responded that the degree of damage is much less
than the emergency situation that existed after Alicia. if
council desires to abandon and block off streets in the area,
there is a procedure that must be adhered to.
The city manager indicated that if the city could close the
streets and have only two entrances to the area, that may be
helpful in controlling vandalism and arson in the area.
The city attorney indicated that it would be necessary to
obtain releases from the property owners along the streets.
Billy Mix, 3440 Shady Hill, owner of property in Brownwood
Subdivision, inquired why persons who were apprehended on her
property were not prosecuted.
The Police Chief explained that at that particular time the
only charge that could have been pressed would have been criminal
trespass and certain elements must be present in order to prove
that case. Therefore, he suggested that the owners of property
in Brownwood post signs on that property indicating that the
property is vacant and trespassers will be prosecuted.
Roxanne Gillum, 523 W. Pierce, explained that the city needs
to have liability insurance coverage due to the pilings and other
debris in the water which could cause injury. The city attorney
responded that the city had liability insurance coverage.
Ms. Gillum emphasized the problem of homes being burned in
Brownwood. She stated that one home per month has burned in
Brownwood this year. Three have burned in the last two weeks,
and the property owners are unable to get insurance out there.
Ms. Gillum indicated that she would obtain the waivers from
property owners in order for the city to abandon and close
streets in the Brownwood area.
The city manager informed the residents present that the
Police Chief had issued an order for patrol in the Brownwood area
to be increased, and the city would continue to look at the
possibility of closing off all but two of the roadways.
Councilman Fuller requested that the city step up their
arson investigation in the area.
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Minutes of the Regular Meeting - November 12, 1987
The city attorney again emphasized that the fact that
several homes have burned in the area is not sufficient to estab-
lish a curfew. Police patrol has been increased in the area and
property owners are free to build out there. The city's offer
that was made to Ms. Gillum a year ago is still valid.
N Barbara Blalock, 2004 Cedar Bayou, stated that the situation
in Brownwood was different than in other parts of the city. In
other parts of the city there are neighbors who can call for
help; however, in Brownwood there are no phones nor utilities.
The Brownwood Civic Association has met and all agree that there
is no problem with blocking off roads or whatever must be done to
help with the problem. Ms. Blalock indicated that tempers were
running high and that someone could be injured in the Brownwood
area.
Chief Henscey advised those present that taking matters in
their own hands was not the answer. He advised that No
Trespassing signs should be placed on the fascia boards on each
house.
Consider Proposed Ordinance, Authorizing Payment of $13,645.07 to
Exxon Pipeline for Damages and Relocation of Their Line
During the reconstruction of Willow Street it was necessary
to lower a pipeline to meet federal government regulations;
therefore, the administration is recommending approval of the
ordinance to reimburse Exxon for damages and relocation of the
pipeline.
Councilman Philips moved for adoption of the ordinance;
Councilman Fuller seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Fuller and Pruett
Mayor Hutto
Nays: None
Abstained: Councilman Embry
The city manager noted that the payment would come from
budgeted funds.
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Minutes of the Regular Meeting - November 12, 1987
Ordinance No. 4857
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHOR-
IZING THE PAYMENT OF THIRTEEN THOUSAND SIX HUNDRED FORTY -FIVE AND
07/100 ($13,645.07) DOLLARS TO EXXON PIPELINE COMPANY AS TO THE
COST FOR DAMAGES AND RELOCATION OF THE EXXON PIPELINE BELOW
WILLOW STREET; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Approval of a Request For a Median Cut on Garth Road
North of Longhorn Cafe
A map posted in the council chamber depicted a median
opening on Garth Road to access two parcels of property on the
west side of Garth north of the Longhorn Cafe. There are no
street light standards that will be moved; however, there are two
planters that will need to be moved. The property owner has
agreed to bear all costs. The Traffic Commission has recommended
that the median cut be approved: the administration concurs.
Councilman Pruett moved to approve the request for a median
cut on Garth Road north of Longhorn Cafe. Councilman Johnson
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
Consider Authorization to Advertise for Bids for Installation of
Water and Sewer Lines to Department of Public Safety Office
Building, 1308 South Highway 146
The developer constructing the new Department of Public
Safety offices on Highway 146, has requested that the City of
Baytown take bids and set up a refund schedule for water and
sewer lines to provide service to that location.
Originally, the administration had recommended the installa-
tion of an 8" water line. However, in checking further, it was
learned that the line would be tied to an existing 2" water line;
therefore, the administration is revising its recommendation and
requesting authorization to advertise for bids for a 2" water
line and a 2" sewer force main. In the event that others tie
onto the lines, a refund schedule will be developed for
reimbursement to the developer. The estimated cost of the 2"
water and sewer lines is $8,500.
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Minutes of the Regular Meeting - November 12, 1987
Councilman Pruett moved to accept the recommendation of the
administration. Councilman Embry seconded the motion. The vote
follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
Consider Authorizing an Increase of $3,000 to the Maximum Grant
Allowable for Community Development Housing Rehabilitation Grants
to be Used in the Event of Foundation Work Only
Under the Community Development Housing Rehabilitation
Program, in some cases there is a need for extensive foundation
work, as well as rehabilitation to the structure. Therefore, the
Community Development Advisory Committee is recommending an
increase of $3,000 to the maximum grant allowable which $3,000
will be used only in the event of foundation work. This will
increase the maximum grant allowable to $15,000 rather than
$12,000 when foundation work is necessary. The administration
recommended approval of the increase.
Councilman Johnson moved to authorize that the maximum grant
allowable for Community Development Housing Rehabilitation Grants
be $15,000 in the event of foundation work. Councilman Simmons
seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
Consent Agenda
Since a citizen had registered to speak to Item 14 a, that
item was excluded from the Consent Agenda. Council considered
the Consent Agenda as follows:
b. Proposed Ordinance No. 71112 -6, changes a stop inter-
section to a yield intersection. This is a tee - intersection
where eastbound traffic stops at the McKinney /Cedar bayou inter-
section. This ordinance would change that Stop to a Yield. This
is a recommendation of the Traffic Commission.
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Minutes of the Regular Meeting - November 12, 1987
We recommend approval.
c. Proposed Ordinance No. 71112 -7, authorizes an inter -
local agreement with the Goose Creek Consolidated Independent
School District and Lee College to allow these entities to
purchase fuel from the City of Baytown's annual contract. This
is a renewal of an existing interlocal agreement. The supplier
has agreed to this arrangement.
We recommend approval.
d. Proposed Ordinance No. 71112 -8, authorizes payment to
Ebsco Subscription Service for magazine subscriptions in the
amount of $5,477.25. The Library has 226 subscriptions to
various newspapers, magazines, and journals with varying renewal
dates. The library has been using Ebsco Subscription Services to
coordinate these renewals for the past five years. If another
subscription service company was used, there would be a loss of
continuity of service and various issues might not be delivered.
We recommend approval.
e. Proposed Ordinance No. 71112 -9, awards the bid for the
purchase of chairs for the Police Department to the low bidder
meeting specifications, S -A -M Office Furniture in the amount of
$2,623.95. Bid packets were mailed to eight vendors, of which
six returned quotations and two no -bid. The two low bidders
offered a chair that does not meet specifications.
We recommend that the third low bidder, S -A -M Office
Furniture, be awarded this bid.
f. Proposed Ordinance No. 71112 -10, awards the annual
carrier service of bank deposit contracts to the low bidder
meeting specifications, Loomis Armored, in the amount of $5,280.
Invitations to bid were mailed to two vendors and two responded.
We recommend approval.
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Minutes of the Regular Meeting - November 12, 1987
g. Proposed Ordinance No. 71112 -11, awards the bid for a
3" self priming pump to the low bidder meeting specifications,
Baytown Ace Machine in the amount of $3,700. The low bidder's
proposed pump does not meet specifications regarding the size of
solids that it can handle. Invitations to bid were mailed to
nine vendors, of which two returned quotes and three no -bid.
We recommend approval.
h. Proposed Ordinance No. 71112 -12, will award the annual
auto fittings contract to the low bidder meeting specifications
Baytown Oil Sales in the amount of $15,462.10. Invitations to
bid were mailed to 12 vendors and seven responded.
We recommend approval.
i. Proposed Ordinance No. 71
purchase of a 3/4 ton van to the
tions, Salleria Area Ford, 'Inc.
This van is a replacement for the
to bid were mailed to 20 vendors,
tions.
We recommend approval.
112 -13, awards the bid for the
low bidder meeting specifica-
in the amount of $12,635.51.
Fire Department. Invitations
of which five returned quota-
j. Proposed Ordinance No. 71112 -14, authorizes a contract
with Bayshore Community Development, Inc. to provide transpor-
tation service for low income citizens of Baytown. The Community
Development budget allows for $29,377 for Bayshore Community
Development, Inc. to provide transportation for Baytown as well
as various locations outside the city limits for low income
persons. This contract will allow the Community Development
Office to reimburse Bayshore Community Development for rides on a
bi- monthly basis. For rides inside Baytown city limits, the
reimbursement price will be $3.00 each way per person. For rides
outside of the city limits other than Houston, the reimbursement
price will be $5.00 each way per person. For trips to Houston
the reimbursement price will be $10.00 each way per person.
We recommend approval.
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Minutes of the Regular Meeting - November 12, 1987
k. Proposed Ordinance No. 71112 -15, authorizes the demo-
lition contract for 713 South Pruett to Daniels Dump Truck
Hauling in the amount of $2,000. This is a recommendation of the
Urban Rehabilitation Standards Review board.
We recommend approval.
1. We recommend the personal computer bids for one IBM
computer and one IBM compatible computer be rejected and readver-
tised. Invitations to bid were mailed to 10 vendors, of which
one returned a quotation. The quote for IBM clone appears to be
excessive. An interlocal agreement will allow the city to pur-
chase this computer from H -GAC. The IBM Corporation apparently
lost the bid packet and has indicated that they would quote if we
rebid the IBM computer.
We recommend these bids be rejected and rebid.
M. The owners of Rod's Sports Bar have requested water and
sewer service for their business at 5229 Garth Road. The build-
ing is located just outside the city limit line on Garth Road.
Both water and sewer service are available on Garth Road.
We recommend approval.
Councilman Johnson moved for adoption of the Consent Agenda
Items b through m. Councilman Pruett seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
Ordinance No. 4858
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CHANGING THE INTERSECTION OF CEDAR BAYOU ROAD AT CEDAR BAYOU
ROAD /McKINNEY ROAD FROM A STOP INTERSECTION TO A YIELD INTERSEC-
TION; AUTHORIZING THE POSTING OF THE PROPER SIGNS; REPEALING
CONFLICTING ORDINANCES; PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED AND NO /100 ($200.00) DOLLARS FOR EACH VIOLATION THEREOF;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 71112 -6)
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Minutes of the Regular Meeting - November 12, 1987
Ordinance No. 4859
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT
WITH GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT AND LEE
COLLEGE FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL THROUGH A
COOPERATIVE PURCHASE PROGRAM AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF. (Proposed Ordinance No. 71112 -7)
Ordinance No. 4860
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHOR-
IZING THE PAYMENT OF FIVE THOUSAND FOUR HUNDRED SEVENTY -SEVEN AND
25/100 ($5,477.25) DOLLARS TO EBSCO SUBSCRIPTION SERVICES AS TO
THE COST FOR MAGAZINE SUBSCRIPTIONS; AND PROVIDING FOR THE EFFEC-
TIVE DATE HEREOF. (Proposed Ordinance No. 71112 -8)
Ordinance No. 4861
AN ORDINANCE ACCEPTING THE BID OF S -A -M OFFICE FURNITURE FOR THE
PURCHASE OF INSTITUTION SIDE CHAIRS AND AUTHORIZING THE PAYMENT
BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND SIX HUNDRED
TWENTY -THREE AND 95/100 ($2,623.95) DOLLARS. (Proposed Ordinance
No. 71112 -9)
Ordinance No. 4862
AN ORDINANCE ACCEPTING THE BID OF LOOMIS ARMORED FOR THE ANNUAL
CONTRACT FOR CARRIER SERVICE OF BANK DEPOSITS AND AUTHORIZING THE
PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FIVE THOUSAND TWO
HUNDRED EIGHTY AND NO /100 ($5,280.00) DOLLARS. (Proposed Ordi-
nance No. 71112 -10)
Ordinance No. 4863
AN ORDINANCE ACCEPTING THE BID OF BAYTOWN ACE MACHINE FOR THE
PURCHASE OF A 3" SELF - PRIMING PUMP AND AUTHORIZING THE PAYMENT BY
THE CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND SEVEN HUNDRED
AND NO /100 ( #3,700.00) DOLLARS. (Proposed Ordinance No.
71112 -11)
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Minutes of the Regular Meeting - November 12, 1487
Ordinance No. 4864
AN ORDINANCE ACCEPTING THE BID OF BAYTOWN OIL SALES FOR THE
ANNUAL AUTO FITTINGS CONTRACT AND AUTHORIZING THE PAYMENT BY THE
CITY OF BAYTOWN OF THE SUM OF FIFTEEN THOUSAND FOUR HUNDRED
SIXTY -TWO AND 10/100 ($15,462.10) DOLLARS. (Proposed Ordinance
No. 71112 -12)
Ordinance No. 4865
AN ORDINANCE ACCEPTING THE BID OF GALLERIA AREA FORD, INC. FOR
THE PURCHASE OF A 3/4 TON WINDOW VAN AND AUTHORIZING THE PAYMENT
BY THE CITY OF BAYTOWN OF THE SUM OF TWELVE THOUSAND SIX HUNDRED
THIRTY -FIVE AND 51/100 ($12,635.51) DOLLARS. (Proposed Ordinance
NO. 71112 -13)
Ordinance No. 4866
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH BAYSHORE
COMMUNITY DEVELOPMENT, INC. TO PROVIDE TRANSPORTATION SERVICE FOR
LOW INCOME CITIZENS OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE
DATE HEREOF. (Proposed Ordinance No. 71112 -14)
Ordinance No. 4867
AN ORDINANCE ACCEPTING THE BID OF DANIELS DUMP TRUCK FOR THE
DEMOLITION OF STRUCTURES; AUTHORIZING EXECUTION OF A CONTRACT FOR
THE SUM OF TWO THOUSAND AND NO /100 ($2,000.00) DOLLARS; MAKING
VARIOUS FINDINGS AND PROVISIONS RELATED TO THE SUBJECT.
(Proposed Ordinance No. 71112 -15)
For bid tabulations, see Attachments "B" through "H."
Consider Proposed Ordinance, Authorizing the Purchase of Various
Parcels in Brownwood Area
The attachment to the ordinance lists the properties that
have been acquired over the recent months and weeks and as in the
past, council is presented with one ordinance to cover those
purchases. The administration recommended approval of the
ordinance.
71112 -18
Minutes of the Regular Meeting - November 12, 1987
To an inquiry from Roxanne Gillum, the City Manager
responded that the city is purchasing both land and structures
including slabs. If there is a structure on the property the
property owner is allowed salvage rights. The administration is
basing its offers on the value of the property prior to Alicia.
On property that is still in fair condition, the city is offering
near to what is listed on the tax roll. The more damage to the
property, the less amount is offered.
The City Attorney reiterated that the ordinance is formal
authorization and approval for the expenditure of funds for the
purchase of property and payment of taxes and assessments on
property in the Brownwood Subdivision. The administration recom-
mended approval of the ordinance.
Councilman Fuller moved for adoption of the ordinance; Coun-
cilman Pruett seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
Ordinance No. 4868
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AUTHORI-
ZING AND APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF
PROPERTY AND PAYMENT OF TAXES AND ASSESSMENTS ON PROPERTY IN
BROWNWOOD SUBDIVISION; AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
Consider Appointments to Cultural Arts Council
Councilman Philips moved to appoint Wanda Brown to the
Baytown Cultural Arts Council to replace Carol Terry who is no
longer a resident of the city. Councilman Embry seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Pruett
Mayor Hutto
Nays: None
71112 -19
Minutes of the Regular Meeting - November 12, 1987
Consider Appointment to Electrical Board
This appointment will be made at a future meeting.
City Manager's Report
Second Council Meeting in November and December - Council
scheduled the second council meeting in November for Tuesday,
November 24, and unless there is an emergency, the second council
meeting in December is cancelled.
U.S.S. San Jacinto Committee - The committee would like to
know if council would like to attend the commissioning of the
U.S.S. San Jacinto.
Bond Rating - The lowering of the bond rating from AA- to A
on a $5,000,000 bond issue would result in an increased cost of
.15% or $60,937.50.
Central District Contracts - The treatment plant is about
56% complete. Rehabilitation of the collection system is 95%
complete, and lift station modifications are about 65% complete.
Contracts 2 and 3 must be completed by the end of 1987. Both
contractors expect to meet that deadline.
Smoke Testing and Sanitary Sewer Repairs - City crews con-
tinue to smoke test and repair sanitary sewer main lines. They
have found 215 main line leaks and have repaired 72. In those
same areas, 227 service line leaks have been located, and ulti-
mately, property owners will be notified that they need to take
care of that problem.
James Street Water Tower - Work on the James Street Water
Tower is complete.
Oklahoma Street Storm Sewer Inlets - Work on Oklahoma Street
storm sewer inlets is complete.
W
r"
71112 -20
Minutes of the Regular Meeting - November 12, 1997
Goose Creek Development Plan - Council had been provided
with a copy of the Goose Creek Development Plan and Councilman
Philips commented that the Strategic Planning Committee would
like to continue its work in this regard. Councilman Fuller
commented that this was a good beginning.
Bobby Rountree, Assistant City Manager, explained that
the reason an item had not been placed on the agenda was that the
administration felt that the Parks and Recreation Board would
like to take formal action prior to presenting the proposal to
council.
Comments and Questions of Council
In response to an inquiry from council, Mr. Lanham stated
that the work on Texas Avenue is a result of the work in progress
in the Central District.
Mayor Hutto addressed a letter from Ms. Barbara Wadley
regarding the fine job of the Emergency Medical Department and in
particular, Craig Grey. That letter will be placed in Mr. Grey's
personnel file.
Recess Into Executive Session to Discuss Land Acquisition
a. West Main Bridge Improvement Project.
b. Brownwood.
C. Discuss right of way exchange.
Mayor Hutto recessed the open meeting into Executive Session
to discuss land acquisition. When the open meeting reconvened,
Mayor Hutto announced that no action was necessary as a result of
the Executive Session.
Consider Proposed Ordinance, Authorizing the City Attorney to
Make Offer For Purchase of Land for West Main Bridge Improvement
Project, and If Said Offer Is Refused Authorizing Condemnation
Proceedings To Be Instituted
No action was taken on this item.
Minutes of the Regular Meeting - November 12, 1987
Adjourn
71112 -21
There being no further business to be transacted, the meet-
ing was adjourned.
- Eileen P. Hall
City Clerk
3 -1 -27
Attachment "A"
THE STATE OF TEXAS §
§ CERTIFICATE FOR ORDINANCE
CITY OF BAYTOWN §
I, the undersigned officer of the City of Baytown, Texas
(the "City" ), do hereby make, execute and deliver this
certificate for the benefit of all persons interested in the
actions and proceedings of the City Council of the City. I DO
HEREBY CERTIFY as follows:
(1) I am the duly chosen, qualified and acting officer of
the City for the office shown beneath my signature, and in such
capacity I am familiar with and have personal knowledge of the
matters hereinafter stated.
(2 ) The City Council of the City
convened in regular
SESSION ON THE 12
DAY OF November
1987, at
the
designated meeting
place in Baytown,
Texas, and the roll
was
called of the duly
constituted officers
and members of said
City
Council, to wit: Mayor
Btmett O. Hutto and Council members Fred T. Philips,
JiMW Johnson, Perry M.
SinVans, Ron Embry, Roy
L. Fuller and Rolland J.
Pruett
and all of said persons were present except
thus constituting a quorum. Whereupon, among other business, the
following was transacted at said Meeting: a written Ordinance
was duly introduced for the consideration of said City Council
and read in full. Thereupon, the presiding officer instructed
the members of said City Council that if any member of said City
Council or any relative by blood or marriage to such member has a
substantial interest in any business entity which would be
peculiarly affected by action on said Ordinance, such member must
file an affidavit prior to the vote on said Ordinance with the
Secretary of said City Council stating the nature and extent of
such interest and must abstain from participating in the
discussion and vote on said Ordinance, all as more specifically
set forth in Article 988b, Vernon's Annotated Texas Civil
Statutes, as amended. The following persons filed an affidavit
and abstained pursuant to the foregoing instructions:
A copy of each affidavit so filed is attached hereto as an
exhibit to this Certificate. It was then duly moved and seconded
that said Ordinance be adopted; and, after due discussion, said
motion, carrying with it the adoption of said Ordinance,
prevailed and carried by the following vote:
AYES:
NOES:
ABSTENTIONS:
(3) A true, full and correct
Ordinance adopted at the Meeting de:
foregoing paragraph is attached to and
7
0
copy of the aforesaid
cribed in the above and
follows this Certificate;
said Ordinance has been duly recorded in said City Council's
minutes of said Meeting; the above and foregoing paragraph is a
true, full and correct excerpt from said City Council's minutes
of said Meeting pertaining to the adoption of said Ordinance;
that the persons referred to in the above and foregoing paragraph
are duly chosen, qualified and acting officers and members of
said City Council; and that each of the officers and members of
said City Council was duly and sufficiently notified as required
by applicable law of the aforesaid Meeting.
(4) Written notice of the date, hour, place and subject of
said Meeting of said City Council was posted on a bulletin board
located at a place convenient to the public in the City Hall of
the City of Baytown, Texas, for at least 72 hours preceding the
scheduled time of such Meeting, or, in the case of emergency or
urgent public necessity, for at least two hours preceding the
scheduled time of such Meeting; such place of posting was readily
accessible to the general public at all times from such time of
posting until the scheduled time of such Meeting; and such
Meeting was open to the public as required by law at all times
during which the Ordinance and the subject matter thereof were
discussed, considered and formally acted upon, all as required by
the Open Meetings Law, Article 6252 -17, Vernon's Annotated Texas
Civil Statutes, as amended.
WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY OF
BAYTOWN, TEXAS, this the 12 day of November 1987.
(SEAL)
By
/. ZgLx�
Title: City Clerk
2
W
Ordinance No. 4f355
ORDINANCE OF THE CITY OF BAYTOWN, TEXAS
APPROVING THE FINANCING BY THE BELL COUNTY HEALTH FACILITIES
DEVELOPMENT CORPORATION OF A HEALTH FACILITY LOCATED
WITHIN THE CITY OF BAYTOWN, TEXAS
WHEREAS, the Health Facilities Development Act, Article
1528j, Vernon's Annotated Texas Civil Statutes, as amended (the
"Act "), authorizes and empowers the Bell County Health Facilities
Development Corporation (the "Issuer ") to issue revenue bonds on
behalf of Bell County, Texas (the "Issuing Unit"), to finance the
costs of health facilities found by the Board of Directors of the
Issuer to be required, necessary or convenient for health care,
research and education, any one or more, within the State of
Texas and in furtherance of the public purposes of the Act; and
WHEREAS, Section 4.01(1) of the Act provides that the Issuer
may provide for the financing of one or more health facilities
located outside the limits of the Issuing Unit with the consent
of every other city, county or hospital district within which
such health facility is or is to be located; and
WHEREAS, Advanced Living Technologies, Inc. proposes- to
obtain financing from the Issuer from a portion of the proceeds
of the Issuer's bonds issued pursuant to the Act for the costs of
the health facility described in Exhibit A hereto (the
"Project ") ; and
WHEREAS, the Project is or is to be located within the City
of Baytown, Texas (the "City ") and outside the limits of the
Issuing Unit;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BAYTOWN, TEXAS : .
Section 1. The City hereby consents to and approves the
financing by the Issuer of the Project as required by Section
4. 01 (1) of the Act.
Section 2. This Ordinance shall take effect immediately
from and after its adoption and it is accordingly so ordered.
1987. PASSED AND APPROVED, this the _ 12th day of November ,
ATTEST:
EMMETT . HUTTO, Mayor
EXHIBIT A
DESCRIPTION OF THE PROJECT
The Project consists of the following:
(1) the acquisition, improvement and expansion of a 100 bed
nursing home known as Green Acres Convalescent Center located at
2000 Beaumont Road, Baytown, Texas 77520; and
(2) the acquisition, improvement and expansion of a 120 bed
nursing home known as Allenbrook Healthcare Center located at
4109 Allenbrook, Baytown, Texas 77520.
IQ
M
M
9
CITY OF BAYTOWN
BID TABULATION
ITLL: INSTITUTION SIDE CHAIRS
10 NUMBER: 8708 -109
ATE: 10 -22 -81 2:00 P.M.
Attachment "B"
lS -A -M OFFICE FURN. 18 a 8 OFFICE - BAYTOWN KWIK -KOPY ;PENCIL BOX ;
ITEM; M ;UNIT 'DESCRIPTION ' '
_1 1_; !UNIT PRICEIEXT. PRICE;UNIT PRICEIEXT. PRICE:UNIT PRICE1EXT. PRICE;UNIT PRICE:EXT. PRICE'
I. 1 35 'CHAIRIINSTITUTION SIDE CHAIRS ! 74.97' 2,623.95! 78.001 2,730.001 66.501 2,327.501 55.39' 1,938.65'
1 1 !BIDS SENT TO 8 VENDORS. 1 1 1 ! ! ! ! ! I
,
,
It
CITY OF BAYTOWN
BID TABULATION PAGE 2
ITLE: INSTITUTION SIDE CHAIRS
10 NUMBER: 8708 -109
ITE: 10 -22 -87 1:00 P.M.'
1NATNERNE'S 1BAYSHORE OFFICE i
TEN; QTY ;UNIT ;DESCRIPTION ; 1
_;_i 1 ;UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUHIT PRICEIEXT PRICEIUNIT PR1CH EXT PRICE;
1. 1 35 ;CHAIR;INSTITUTION SIDE CHAIRS 1 86.00; 3,010.00; 87.12; 3,049.201
0
m
CITY OF BAYTOWN
810 TABULATION
J: ANNUAL CARRIER SERVICE OF BANK DEPOSITS
NUMBER: 8708 -114
-E: 10 -21 -87 2:00 P.N.
Attachment "C"
W
I
1 ROOMIS
ARMORED
1BRINKS
;
EMI
QTY ;UNIT
;DESCRIPTION
!UNIT PRICEIEXT.
PRICEIUNIT PRICEIEXT.
PRICE UNIT
PRICEIEXT.
PRICEIUNIT
PRICEIEXT
PRICE;
1
12 INONTHICARRIER SERVICE OF BANK ! 440.001 5,280.001
450.001
5,400.001
!
!
1
!
'
I
I
:DEPOSITS
' I
1 1
10 1 1
1
1
1
1
!
1
1
1
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1
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1 1
1
1 1
1 !
1
1
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1
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1
1
1
1
1
1
1
OEU YERY:IAS REQUIRED
:AS REQUIRED
1
1
1
1
!
1
1
1
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1 1
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1 1
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(BIDS SENT TO 2
VENDORS. ! !
1 !
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I 1
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1 1
1 1
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1 1
1 1
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1
W
CITY OF BAYTOWN
BID TABULATION
TLE: 3' SELF PRIMING PUMP
D NUMBER: 8708 -106
10 -20 -87 2:00 P.M.
Attachment "D"
i i i ! BAYTOWN ACE MACHINE ICELCO PUMP COMPANY
IEN! QTY !UNIT !DESCRIPTION
!UNIT PRICEIEXT. PRICE;UNIT PRICEIEXT. PRICE UNIT PRICEIEXT PRICHUNIT PRICEIEXT PRICE;
I. 1 LOT ; LOT !30 SELF - PRIMING PUMP 1 3,700.001 i 21283.00; ;
1 1 !BIOS SENT TO 9 VENDORS.
CITY OF BAYTOWN
BID TABULATION
ITLE: ANNUAL AUTO FITTINGS CONTRACT
10 NUMBER: 8708 -115
,1TE'. 10 -21 -87 2:00 P.N.
Attachment "E"
ia
!GULF
COAST SCREW
!POLAR
IND. SUPPLY
;ALL -TEC PRODUCTS
180WMAN
OIST.
;
ITEM! QTY
!UNIT
!DESCRIPTION
;
;
;
1UNIT
PRICE1EXT. PRICEIUNIT
PRICEIEXT. PRICE: UNlT
PRICE1fXT. PRICEIUHIT PRICEIEXT
PRICE,
!. 1 LOT
1 LOT
!AUTO FITTINGS CONTRACT '
1 15,624.811
1 16,296.081
1110,948.741
1 25,172.58;
!
1
1 OELIVERY:12 DAY
ARO !
lAR0
1
1
1
14 DAYS
AR01
1
!
1
101SCOUNT ON MISC. ITEMS 115%
1
NO OISCOUNT
1
1
NO DISCOUNT
1
1
1
'NOT ON CONTRACT 1
1
1
!
1
1
1
1
1
1
1
1 SPECIAL CONDITIONS:!
!
1
!
!'NOT
ALL ITEMS 010
!
1
!
1
!
! 1
1
1
1
1
1
!BIOS SENT TO 12 VENDORS. 1
1
!
!
1
1
1
1
1
1
!
1 1
1
!
1
ia
CITY OF BAYTOYN
810 TABULATION PAGE 2
LE: ANNUAL AUTO FITTINGS CONTRACT
NUMBER: 8708 -115
10 -21 -87 2:00 P.N.
w
!
; WAR PRODUCTS
I8AYTOWN OIL
SALES
EM! QTY
;UNIT
;DESCRIPTION
;UNIT PRICElEXT.
PRICE;UNIT PRICEIEXT. PRICElUNIT
PRICEIEXT
PRICEIUNIT
PRICEIEXT
PRICE!
. ; LOT
; LOT
(AUTO FITTINGS CONTRACT 1 171112.221
1
151162.101
1
1
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DELIYERY:I7 DAYS AROI
12 DAYS AROI
1
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1 1
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!
!
!DISCOUNT ON MISC. ITEMS 110 X I
I I
!
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w
CITY OF BAYTOVN
810 TABULATION
TLE: 3/4 TON VINDOV VAN
0 RUNBER: 8708 -110
TE: 9 -29 -87 2:00 P.N.
Attachment "F"
=
1
;
INORT
HALL FORD
'GALLERIA
FORD
!KNAPP
CHEVROLET
;JACK ROACH FORD
;
TENI
QTY ;UNIT
;DESCRIPTION
-1.1
1
;UNIT
PRICEIEXT.
PRICEIUNIT PRICEIEXT.
PRICEIUNIT
PRICEIEXT.
PRICEIUNIT
PRICEIEXT.
PRICE;
I. ;
I ; EA.
13/4 TON VINOOV VAN
;
1 12,737.001
1 12,635.51;
; 13,359.15;
; 12,656.52;
1
1
118105 SENT TO 20 VENDORS.
1
1
1
1
1
1
1
1
1
CITY OF BAYTOWN
810 TABULATION
ITLE: 3/4 TON WINDOW VAN
10 MUNBER: 8708 -110
4TE: 9 -29 -87 2:00 P.N.
I I
1A.C.
COLLINS FORD
ITEMI QTY !UNIT ;DESCRIPTION
,UNIT
PRICEIEXT. PRICE! UNIT
PRICE,EXT.
PRICE;UNIT
PRICEIEXT
PRICEIUNIT
PRICEIEXT.
PRICE,
1. 11 1 EA. 13/4 TON WINDOW VAN
It
1 12,756.001
1
!
I
I
TITLE, Ugnolition of Structures 81D TABULATION
elo: �� �� -�� -65
�ATE� October 29. 1987 g:aQ a.m.
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CITY OF BAYTOWN
810 TABULATION
TLC: PERSONAL COMPUTERS
0 NUMBER: 8708 -107
I 10 -22 -87 2:00 P.H.
Attachment "H"
COMPUTER CRAFT
TER; QTY ;UNIT ;DESCRIPTION ;
—1-01-11 11UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICE;UNIT PRICEIEXT PRICEIUNIT PRICEIEXT PRICE!
1. ; 1 ; LOT ;180 -AT MODEL SI7O -339 ;NO 810
2. ; l ; LOT ;18M -AT CLONE ; 4,072.10;
;BIOS SENT TO 10 VENDORS.
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