Loading...
1987 12 10 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 10, 1987 The City Council of the City of Baytown, Texas, met in regular session on Thursday, December 10, 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 Emmett 0. Hutto Fritz Lanham Bobby Rountree Randy Strong Eileen P. Hall Absent: Jimmy Johnson Councilman Councilman Councilman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Councilman The meeting was called to order with a quorum present. The invocation was offered by Councilman Philips, after which the following business was conducted: Consider Minutes of Regular Meeting Held November 24, 1987 Councilman Embry moved for approval of the minutes for the meeting held November 24, 1987. Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None 71210 -2 Minutes of the Regular Meeting - Dec. 10, 1987 Citizen's Communications: a. Dr. Mark Brister will appear to discuss sexually oriented establishments - Randy Strong, City Attorney, had met with Dr. Brister earlier in the week. Dr. Brister had explained that he had asked that the item be placed on the agenda as a follow up, but he is satisfied with the work being done by the administration at the present time. Consider Initiative Petition Council was provided with a copy of the letter from the city clerk indicating that the petition that was filed on November 13 does have the required number of signatures as required by the city charter. The city attorney reported to council that under the charter when an initiative petition is received, council may vote on the proposed petition as submitted, and if council votes in favor of the proposed ordinance, it takes effect; however, if council votes against the ordinance or amends the ordinance in any manner, then there is a process by which an election is called and the proposed petition is submitted to the voters for their recommendation. A more basic question, however, is whether the initiative process applies to a litigation. The city charter states that any ordinance, except an ordinance appropriating money or author- izing the levy of taxes, is subject to the initiative process, but Texas courts have long held that despite such language, there are some areas that are not subject to initiative petition. The Texas Supreme Court in Glass vs. Smith, discussed the types of subjects that are subject to initiative, and in general, if you look at their discussion, this is the type subject that is not subjected to the initiative process. There are no specific cases in Texas that address litigation per se; however, there are a number of Texas cases, for instance, the City of San Antonio vs. San Pedro North Limited and The City of Hitchcock vs Lonamire that discussed things like annexation, zoning and the sort. Those cases state that these are the type subjects that are not subject to initiative. When discussing a zoning ordinance, the court said that a zoning ordinance requires careful study, the accumulation of masses of detailed information and is a matter of which the professional advice of one experienced in planning would be helpful. It would be a very difficult thing to present the things necessary to evaluate a proposed zoning ordinance to the 71210 -3 Minutes of the Regular Meeting - Dec. 10, 1987 voters in an intelligible manner. There is a similar case that speaks of a budget ordinance which addresses the need to have expert or skilled knowledge or careful study or ascertainment of facts and figures. This is very similar to litigation because city council discusses that particular lawsuit in executive session and hears the opinion of the attorneys representing council and receives information that is not available to the public; therefore, the public would not be able to make an informed vote with regard to that litigation. If all this infor- mation is made public, then the ability to effectively litigate the issue is destroyed. Other jurisdictions that have ruled on this particular question of initiative as it applies to litigation have said that it is not subject to initiative process. The Minnesota Supreme Court addressed this a few years ago and said that it is not proper. In addition, the Texas courts, as well as most of the others in the country have discussed whether an issue is legisla- tive or administrative in nature which seems to be one determin- ing issue. If something is legislative in nature, it is subject to initiative, but if it is an administrative or executive decision, it is not. Then, the courts look to defining legisla- tive, and what they say is that if something is legislative, it relates to subjects of a permanent and general character. If it is something of temporary or special character, it is administra- tive. Obviously, the decision of whether to appeal or how to conduct a specific litigation is not a permanent or general issue, that is something that is temporary for that litigation. Furthermore, Texas courts have held that even the question of whether to appeal a decision is an internal administrative deci- sion and does not require council action. That is something that the city attorney and city manager do. You can look at the City of San Antonio vs. Aguillar for that. In summary, the city attorney stated that he did not believe that the courts would hold that the initiative petition can be brought as to litigation. Over 75 years ago, the Texas Supreme Court recognized this, and they quoted the U.S. Supreme Court in saying that there are certain grave objections to such a power, discussing initiative, requiring a careful and minute investiga- tion of facts and figures by the general body of the people however intelligent and right minded. Therefore, he recommended that council take no action on the initiative petition because it addresses a subject that is improper for initiative. Councilman Philips moved to accept the city attorney's recommendation with regard to the initiative petition; Councilman Simmons seconded the motion. 71210 -4 Minutes of the Regular Meeting - Dec. 10, 1987 Mayor Hutto recognized citizens who had signed to speak to this matter as follows: Roxanne Gillum stated that this is not a minority issue, but an issue that affects everyone. Council was elected to serve , two -year terms and no more. The point is to have elections. Citizens have a right to vote. She pointed out that the circula- tors of the petition had collected the required number of signa- tures which should make it obvious as to what the citizens want. Rocky Rodriguez said that the petitioners had complied with what the city charter requires and now, they are being told that the charter does not apply. He too felt that the citizens of Baytown have the right to vote for their representatives. Gene Kinney stated that he was present representing 31 people who had signed the petition which he had circulated. He stated that the citizens of Baytown want an election. Mayor Hutto explained that council did not file the lawsuit and that a federal judge had enjoined the City of Baytown from holding an election. Reba Eichelberger said that the people were not interested in what other courts have held and what actions have been taken in other states. She felt that there are only two basic issues: (1) are the people who signed the petition qualified to know how their taxpayers' dollars should be spent, and (2) do they know that they have a right to vote. She concluded by stating that she felt that council had a duty to see that everyone is allowed to vote and urged the council to stop to think of what is being conveyed to the citizens of Baytown when a petition of over 1,000 signatures is ignored. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None 71210 -5 Minutes of the Regular Meeting - Dec. 10, 1987 Consider Approval of Chevron Chemical Company for Tax Abatement Under Resolution No. 1001 Larry Lucchesi, representing Chevron Chemical Company, appeared before council explaining that Chevron intends to expand its facilities for the production of low density polyethylene, and the two locations being considered are the Orange, Texas facility and the Cedar Bayou Plant. When looking at such an expansion, the company would consider cost of construction, access to raw materials, the labor market, and tax abatement. Applications have been made with Harris County and others in accordance with the guidelines provided for tax abatement at the Cedar Bayou Plant. The proposed facility is located outside the city limits. If tax abatement is granted, the industrial dis- trict policy would not apply for seven years. The administration had developed a letter for council con- sideration, which letter stated that a preliminary review of the Chevron application for property tax abatement meets the guide- lines and criteria adopted by the City of Baytown. Pending completion of a feasibility study to be conducted by Harris County and negotiation of a specific agreement, the letter indi- cated the intent of the City of Baytown to grant an abatement as provided for in the guidelines and criteria. Councilman Fuller moved to authorize Mayor Hutto to sign the letter expressing the City of Baytown's intent to grant property tax abatement to Chevron Chemical Company. Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None Consider Approval of Specifications for Computer System Council had been provided a copy of the specifications which upon approval of council will be sent to prospective vendors. The evaluation criteria for the proposals is as follows: 1. The equipment and software must be compatible with the equipment in the Police Department and Municipal Court. 2. Availability of maintenance service in Harris County area. bd 71210 -6 Minutes of the Regular Meeting - Dec. 10, 1987 3. Type, amount and location of training and education to be provided. 4. Growth potential of the hardware and software to accom- modate future expansion. 5. Cost of hardware, operating system software, service, and support. 6. Simplicity of operation. 7. Number of successful installations using desired devel- opmental software. 8. Availability of hardware and operating software. At a future date, bids will be taken on software for specific functions. The proposed specifications address the operating system. The administration recommended approval of the specifications and requested authorization to advertise for proposals. Councilman Fuller moved to approve computer specifications and authorize the administration to seek requests for proposals. Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None Consider Proposed Ordinance, Authorizing the City Manager to Execute a Contract for Senior Citizens Taxicab Services The existing contract for senior citizens taxicab services provides that the contractor will be paid once a month. The proposed contract provides that the contractor shall be reimbursed twice monthly. Also, the current contract provides for minimum liability coverage of $500,000. The taxicab company has been unable to meet this requirement because of the cost involved in providing $500,000 coverage. To provide this coverage it would cost the company about $90,000 a year. The total payment per year by the City of Baytown is about $60,000. Therefore, the company is requesting that the insurance provi- sions be the same as those established by the state, which are PaWw"A .f t? A, 10 vwj. 1W :lo rns"01 ME j� -own Sq so Wjual� down", na•uinqu Wo anowboad Io VALIW16W A'� npw7l�� no "Mcn 01 f5w avid ,Oak On"O.7 AnOnKPF no henonn-q WT .100hynOW :0 NVC%O.. .I•. Oc"Malmho 05f m6sdj WVOM 10MV n�WA-nrl %'j -Ia�upvl Noma as oat O%N"P. Np :alojl�w PdS bsb"onuv WmT nrw)f-a- alsdwww finn"O" "Ay"19 haA (03j"Ij eaol : n qwv-i i9psasM 114 odd DnisHodIPA eonunibiO heaoqoV YnbWoo anotviga daolusT anevIAD coins@ mot Joeilno& c slunexH Msa dn�Lsvj IngENto 101n-x lot josljnon Mq:!SIxO %m VT Aimun o oo"a blaq ud 1 W winailaw not 35M nonlypi., �W .'sot �Ovuvysnoq Wy AM ashivolq jornts-V ov�"Y"%-4 ZOV"Iq jLS•Anun Inslau- ads 000 .11alsaw Onlul odd to nzAenqn OnOM011"Pea ak", loom Qj Aldn"A Ased 1 MnT irnv MUM$ Amods ad! jann WOW A! OjnIA7-- . yammon .�. Aw 1p��r A nwofnpq 10 !Sib -Qj Id IC-1 I-q A""J% 1 1,. . -.VA4q 00"013�"' 9da jndg naijamspel inp"Mon 101010"V LeAwksytoe -and; �C OW0, 013 71210 -7 Minutes of the Regular Meeting - Dec. 10, 1987 $20,000/$40,000 /$15,000. The administration recommended approval of the contract with those changes. Councilman Simmons moved to adopt the ordinance authorizing the city manager to execute a contract for senior citizens taxi- cab services providing for payment to the company twice monthly and minimum liability coverage of at least the amount required by the State of Texas for proof of financial responsibility. Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None Ordinance No. 4873 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SENIOR CITIZENS TAXICAB SERVICES CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Establishing Regulations for Mainte- nance of Private Sewer Lines The proposed ordinance was discussed at the last council meeting. The administration made the proposed changes and brought the ordinance back to council. Councilman Fuller stated that he felt that the citizen should be responsible only for the line on his property. Mr. Lanham explained that the proposed ordinance would not be chang- ing the policy now in effect and suggested that it was not essen- tial to adopt the ordinance at this council meeting. Councilman Pruett moved to table the matter. Councilman Fuller seconded the motion. Mayor Hutto asked if council would mind deferring the matter until council could hold a work session with the administration. There were no objections. Richard Olachia stated that he had worked for the city in 1967 and at that time had performed this work for the city. He requested that when looking at this, council not place a further burden on the citizens of Baytown. 71210 -8 W Minutes of the Regular Meeting - Dec. 10, 1987 Councilman Embry pointed out that there are leaks throughout the city that are putting a load on the treatment plants. This problem needs to be worked. Ultimately, someone will pay for the solution. Council must determine the most equitable way to provide the solution. Mr. Olachia stated that he had reported a leak behind his home which turned out to be a broken tap. That tap has not been repaired. Consider Proposed Ordinance, Authorizing and Approving the Trans- fer and Assignment by Entex, Inc. of Its Franchise to Arkla, Inc. The administration recommended approval of the proposed ordinance authorizing and approving the transfer and assignment by Entex, Inc. of its franchise to Arkla, Inc. However, the city manager did mention that the staff had been contacted by the Federal Trade Commission concerning the proposed merger. The City of Baytown had been contacted because of its local regula- tory authority. The Federal Trade Commission representative asked a number of questions of which many will need additional research. Baytown is not the only entity that has been contacted. Charles Luker, Bayporte District Manager, was present. He stated that the City of Houston, as well as the states of Louisiana and Mississippi had approved the merger. He also indicated that the Federal Trade Commission had not voiced any objections to the merger at this point. Councilman Philips moved for adoption of the ordinance. Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None Ordinance No. 4874 AN ORDINANCE OF THE CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, AUTHO- RIZING AND APPROVING THE MERGER OF ENTEX, INC. INTO ARKLA, INC.; AUTHORIZING AND APPROVING THE TRANSFER AND ASSIGNMENT BY ENTEX, INC. OF ITS FRANCHISE TO ARKLA, INC.; AND PROVIDING FOR THE EFFECTIVE DATE. id 71210 -9 Minutes of the Regular Meeting - Dec. 10, 1987 Consider Proposed Ordinance, Extending the Baker Road School Zone for Pumphrey Elementary School 150 Feet West of Hemlock Street The extension of the school zone will place the zone on the east side of the center driveway of West Lodge Apartments. The request was made by citizens who felt that there was insufficient distance west of the crosswalk to safely slow down. The Traffic Commission and the administration recommended approval of the ordinance. Councilman Embry moved for adoption of the ordinance. Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None Ordinance No. 4875 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING AN ELEMENTARY SCHOOL ZONE; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED AND NO 1100 ($200.00) DOLLARS FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Awarding Bid for East Side Water Line Project There is $202,000 remaining in the water bond account; therefore, there are no funds available for the replacement of the water line along Britton Street. One possibility would be to eliminate an item under the East Side Water Line Project or to utilize city forces to perform the necessary repairs to the Britton Street line. Between Britton and Missouri there are 40 homes which would cost about $65,000. In order to replace the section of line behind Britton Street only, approximately 850 feet of line and ten homes would be affected. The cost estimate for this project is $25,000. This work can be performed by city forces at a cost of about $10,000. Therefore, the administration recommended awarding the contract to Moon Construction Company, Inc. for the amount of $197,655 for the projects advertised and that the Britton Street line be replaced by city forces. 71210 -10 Minutes of the Regular Meeting - Dec. 10, 1987 Councilman Philips questioned the recommendation that the Britton Street water line project be handled by city forces. Mr. Lanham mentioned another possibility would be to include the Britton Street water line on a list of projects to be performed when bonds are sold. Mayor Hutto asked the administration to come back with a recommendation on the Britton Street line. Councilman Fuller moved to adopt the ordinance accepting the low bid of Moon Construction Co., Inc. Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None Ordinance No. 4876 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH MOON CONSTRUCTION COMPANY, INC. FOR THE CONSTRUCTION OF THE EASE SIDE WATER LINE PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. For bid tabulation, see Attachment "A." Consider Proposed Resolution, Opposing Application of Bic Waste Management, Inc. for Solid Waste Disposal Permit This item was pulled from the consent agenda at the request of State Representative Polumbo who stated that he had been working with Hal Nelson, Chief Legal Counsel for the Department of Health, concerning the application of Bio Waste Management, Inc. for solid waste disposal permit after the fact. Representa- tive Polumbo's position on this application is that Bio Waste Management, Inc. is operating illegally and that to allow the company to make application and become permitted at this point is encouraging others to operate illegally. He emphasized that he was not getting involved in whether the operation is harmful. That is the purpose of the permitting procedure to determine if there would be any ill effects from the operation. 71210 -11 Minutes of the Regular Meeting - Dec. 10, 1987 Representative Polumbo assured council that he would be proposing legislation in the next session that would cause a business to be permitted prior to beginning operation and if such permit is not obtained that business will not be allowed to be permitted after the fact. Councilman Fuller moved for adoption of the resolution; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None Resolution No. 1003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, OPPOSING THE PERMIT APPLICATION OF BIO WASTE MANAGEMENT COMPANY, INC. CONCERNING A PROPOSED WASTE DISPOSAL SITE; DIRECTING THE CITY CLERK TO SEND A CERTIFIED COPY OF THIS RESOLUTION TO THE TEXAS DEPARTMENT OF HEALTH; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Awarding Bid for Sludge Dewatering Equipment The administration was not ready with a recommendation on this item. Consider Proposed Resolution, Authorizing the City Council to Transfer Funds from Council Contingency Account and Other Accounts to Various General, Water and Solid Waste Accounts This is the usual resolution that the administration brings to council every year requesting transfers from the Contingency Account and other accounts to various General Fund accounts. Councilman Philips moved for the adoption of the resolution; Councilman Fuller seconded the motion. The vote follows: 71210 -12 Minutes of the Regular Meeting - Dec. 10, 1987 Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None Resolution No. 1004 A RESOLUTION AUTHORIZING THE CITY COUNCIL OF TEXAS, TO TRANSFER TWO HUNDRED SEVENTY -ONE TWENTY -ONE AND N01100 ($271,221.00) DOLLARS ACCOUNT AND OTHER ACCOUNTS TO VARIOUS GENE: PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Resolution, Commending Harris County Mosquito Control THE CITY OF BAYTOWN, THOUSAND TWO HUNDRED FROM THE CONTINGENCY RAL FUND ACCOUNTS AND Robert Bartnett and The City of Baytown has received excellent service and assistance from the Mosquito Control District. Mr. Bartnett and Harris County Mosquito Control played a major role in controlling the outbreak of St. Louis Encephalitis in the city last summer. The administration recommended approval of the resolution. Councilman Simmons moved for the adoption of the resolution; Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None Resolution No. 1005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RECOGNIZING AND COMMENDING THE SERVICE OF ROBERT BARTNETT AND THE HARRIS COUNTY MOSQUITO CONTROL DISTRICT FOR ITS OUTSTANDING SERVICE IN MOSQUITO CONTROL IN THE CITY OF BAYTOWN. N 71210 -13 Minutes of the Regular Meeting - Dec. 10, 1987 Receive Report From Norman Dykes, Director of Public Works /City Engineer, on Report to the Texas Water Commission Concerning Infiltration Into the Central District Wastewater Treatment Plant The summary of schedule for corrective action addresses smoke testing being performed which council has received reports on each council meeting. The contracts currently in progress in the central district are also addressed. The report also addresses repair of main line leaks and yard line leaks. There is approximately 39,000 feet of main line that is in such bad condition that point repairs will not suffice. This means slip - lining is necessary at an estimated cost of 1.8 million dollars. The city does not have 1.8 million dollars available at this time for sewer work. Therefore, it would be necessary to sell bonds to accomplish this work. If the city is successful in repairing the main lines and citizens repair yard lines then the city may not need to expend the 1.8 million at this time, but ultimately, this repair work would be necessary. A few years ago a study of the concrete pipe in the Central District was performed. If all the concrete pipe in the Central District were replaced, the cost would be 5 million dollars. Eventually, the city will need to expend the 5 million, but 1.8 million will take care of the present problem. A copy of the proposed ordinance requiring property owners to repair service lines was attached to the report. The report indicates that all work will be completed by the end of 1988 with the exception of sliplining. Councilman Simmons moved to receive the report. Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None Consent Agenda The city manager requested that Item "a" be removed. Council considered the Consent Agenda items "b" through "p" as follows: ki 71210 -14 Minutes of the Regular Meeting - Dec. 10, 1987 b. Proposed Ordinance No. 71210 -8, authorizes the purchase of a 1/2 ton pickup from H -GAC in the amount of $9,879.04. This is a replacement vehicle for the Parks and Recreation Department. We recommend approval. C. Proposed Ordinance No. 71210 -9, authorizes the removal of parking restrictions in front of the Baytown Histor- ical Museum. The Post Office has removed the boxes that were in this location. This is a recommendation of the Traffic Commission. We recommend approval. d. Proposed Ordinance No. 71210 -10, awarding the bid for wet well cleaning to Channel Construction in the amount of $9,393.80. This bid is for the cleaning of sludge out of the Cedar Bayou Lynchburg and Big Missouri Lift Station. Invitations to bid were mailed to six vendors and two responded. We recommend approval. e. Proposed Ordinance No. 71210 -11, awards the bid for Roseland Park pumphouse pipe installation to Design Controls in the amount of $5,666. Invitations to bid were mailed to six vendors and four responded. We recommend approval. f. Proposed Ordinance No. 71210 -12, awards the bid for roof scuttles to Milton S. Lehman in the amount of $3,600. These will be used to replace existing ones on the Gulf Coast Lift Station. Invitations to bid were mailed to four vendors with two responding. We recommend approval. g. Proposed Ordinance No. 71210 -13, awards the bid for spray -on cellulose to Best Way Insulation in the amount of $3,700. This material will be used to insulate the Public Works garage building. Invitations to bid were mailed to six vendors and two responded. 71210 -15 Minutes of the Regular Meeting - Dec. 10, 1987 We recommend approval. h. Proposed Ordinance No. 71210 -14, awards the bid for the annual crushed concrete base material contract to Houston Crushed Concrete in the amount of $67,200. Invitations to bid were mailed to five vendors, one responded and three no -bids. The vendors who no -bid the item are no longer in the concrete "crushing" business. Houston Crushed Concrete got the bid last year. We recommend approval. i. Proposed Ordinance No. 71210 -15, authorizes an inter - local agreement with the school district for tire recapping. The city currently has tire recapping performed by TDC inmates. The current service can take up to six weeks for return of the tires. In the event that emergency tire recapping is needed, this inter - local agreement would allow the city to receive the same prices as the school district, and would enable the tires to be returned in one week. The prices for recapping are as follows: Tire size - 10 X 20 $76 8.25 X 20 $64 We recommend approval. j. Proposed Ordinance No. 71210 -16, authorizes payment of $2,819.79 to H -GAC for purchase of an IBM compatible computer and associated hardware. The bid for this item was rejected at the November 12 meeting because we felt the bid of $4,072.10 was excessive. As a result, a savings of over $1,200 was realized. We recommend approval. k. Proposed Ordinance No. 71210 -17, awards the bid for cleaning of the digester at the East District Treatment Plant to Allstate Vacuum & Tanks in the amount of $4,820. Invitations to bid were mailed to eight ven- dors and six responded. We recommend approval. 71210 -16 Minutes of the Regular Meeting - Dec. 10, 1987 1. Proposed Ordinance No. 71210 -18, awards the bid for the annual hot mix asphalt to Parker Brothers in the amount of $18,000. Invitations to bid were mailed to six vendors and four responded. This is a 12% decrease over last year's bid. We recommend approval. M. Proposed Ordinance No. 71210 -19, awards the bid for the annual janitorial contract for the police and fire administration buildings as follows: 1. Police and Municipal Court to Unique Building Maintenance in the amount of $9,135. 2. Fire Administration Building to Blanchard's in the amount of $4,800. Invitations to bid were mailed to nine vendors and five responded. We recommend approval. n. Proposed Ordinance No. 71210 -20, awards the bid for an IBM -AT Personal Computer. Bids were received on December 8. A recommendation will be made at the council meeting. We recommend approval. o. Consider rejecting all bids on police and fire vehicles. Five bids and two no -bids were received. The low bid of Knapp Chevrolet totaled $133,979. These bids included 7 police patrol vehicles, and 4 police detective and fire staff vehicles. We recommend the bids be rejected and these vehicles be purchased through H -GAC. P. Proposed Ordinance No. 71210 -21, approves the purchase of police and fire vehicles through H -GAC. The total cost of these 11 vehicles is $121,110.84. The vehicles offered by H -GAC are Dodge Diplomats and are expected to be delivered by 4- 11 -88. N W 71210 -17 Minutes of the Regular Meeting - Dec. 10, 1987 We recommend approval. Councilman Philips moved for adoption of the consent agenda items "b" through "p ". Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None Ordinance No. 4877 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE HOUSTON - GALVESTON AREA COUNCIL APPOINTING THE HOUSTON - GALVESTON AREA COUNCIL AS THE CITY'S PURCHASING AGENT FOR A ONE - HALF TON PICKUP; AUTHORIZING PAYMENT OF NINE THOUSAND EIGHT HUNDRED SEVENTY -NINE AND 04/100 ($9,879.04) DOLLARS; AND PROVID- ING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 71210 -8) Ordinance No. 4878 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING THE DESIGNATION OF A PORTION OF WEST DEFEE AVENUE AS A RESTRICTED PARKING ZONE; REPEALING ORDINANCES INCONSISTENT HERE- WITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFEC- TIVE DATE HEREOF. (Proposed Ordinance No. 71210 -9) Ordinance No. 4879 AN ORDINANCE ACCEPTING THE BID OF CHANNEL CONSTRUCTION FOR CLEAN- ING SLUDGE FROM LIFT STATION WET WELLS AND AUTHORIZING THE PAY- MENT BY THE CITY OF BAYTOWN OF THE SUM OF NINE THOUSAND THREE HUNDRED NINETY -THREE AND 80/100 ($9,393.80) DOLLARS. (Proposed Ordinance No. 71210 -10) 71210 -18 Minutes of the Regular Meeting - Dec. 10, 1987 Ordinance No. 4880 AN ORDINANCE ACCEPTING THE BID OF DESIGN CONTROLS FOR THE ROSE - LAND PARK PUMPHOUSE PIPE INSTALLATION AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FIVE THOUSAND SIX HUNDRED SIXTY -SIX AND N01100 ($5,666.00) DOLLARS. (Proposed Ordinance No. 71210 -11) Ordinance No. 4881 AN ORDINANCE ACCEPTING THE BID OF MILTON LEHMAN FOR THE PURCHASE OF ROOF SCUTTLES AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND SIX HUNDRED AND NO 1100 ($3,600.00) DOLLARS. (Proposed Ordinance No. 71210 -12) Ordinance No. 4882 AN ORDINANCE ACCEPTING THE BID OF BEST WAY INSULATION FOR THE INSULATION OF SPRAY -ON CELLULOSE AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND SEVEN HUNDRED AND N01100 ($3,700.00) DOLLARS. (Proposed Ordinance No. 71210 -13) Ordinance No. 4883 AN ORDINANCE ACCEPTING THE BID OF HOUSTON CRUSHED CONCRETE FOR THE ANNUAL CRUSHED CONCRETE BASE MATERIALS CONTRACT AND AUTHORI- ZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SIXTY -SEVEN THOUSAND TWO HUNDRED AND N01100 ($67,200.00) DOLLARS. (Proposed Ordinance No. 71210 -14) Ordinance No. 4884 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 FOR TIRE RECAPPING AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 71210 -15) 71210 -19 Minutes of the Regular Meeting - Dec. 10, 1987 Ordinance No. 4885 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHOR- IZING THE PAYMENT OF TWO THOUSAND EIGHT HUNDRED NINETEEN AND 79/100 ($2,819.79) DOLLARS TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF AN IBM COMPATIBLE COMPUTER AND ASSOCIATED HARD- WARE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 71210 -16) Ordinance No. 4886 AN ORDINANCE ACCEPTING THE BID OF ALLSTATE VACUUM AND TANKS, INC. FOR THE CLEANING OF THE EAST DISTRICT SEWER PLANT DIGESTER AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FOUR THOUSAND EIGHT HUNDRED TWENTY AND N01100 ($4,820.00) DOLLARS. (Proposed Ordinance No. 71210 -17) Ordinance No. 4887 AN ORDINANCE ACCEPTING THE BID OF PARKER BROTHERS FOR THE ANNUAL HOT MIX ASPHALT CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF EIGHTEEN THOUSAND AND N01100 ($18,000.00) DOLLARS. (Proposed Ordinance No. 71210 -18) Ordinance No. 4888 AN ORDINANCE ACCEPTING THE BID OF UNIQUE BUILDING AND BLANCHARD'S FOR THE JANITORIAL CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THIRTEEN THOUSAND NINE HUNDRED THIRTY -FIVE AND NO 1100 ($13,935.00) DOLLARS. (Proposed Ordinance No. 71210 -19) Ordinance No. 4889 AN ORDINANCE ACCEPTING THE BID OF IBM FOR THE PURCHASE OF AN IBM - AT PERSONAL COMPUTER AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SIX THOUSAND FOUR HUNDRED SIXTY AND N01100 ($6,460.00) DOLLARS. (Proposed Ordinance No. 71210 -20) 71210 -20 Minutes of the Regular Meeting - Dec. 10, 1987 Ordinance No. 4890 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXE- CUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE HOUSTON - GALVESTON AREA COUNCIL APPOINTING THE HOUSTON - GALVESTON AREA COUNCIL AT THE CITY'S PURCHASING AGENT FOR POLICE AND FIRE VEHICLES; AUTHORIZING PAYMENT OF ONE HUNDRED TWENTY -ONE THOUSAND ONE HUNDRED TEN AND 82/100 ($121,110.82) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 71210 -21) For bid tabulation, see Attachments "B" through "J." Consider Appointments to Electrical Board Councilman Fuller moved to appoint Jesse Stovall to replace H.H. Bridges as the citizen's representative on the Electrical Board effective January 1. Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None Consider Appointments to Cultural Arts Council Councilman Embry moved to appoint Joy Stevens and Lynette Parsons to the Cultural Arts Council. Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Philips, Simmons, Embry, Fuller and Pruett Mayor Hutto Nays: None City Manager's Report Petition From Residents in the Vicinity of Cedar Bayou and McKinney - The administration has received a petition from resi- dents in the vicinity of Cedar Bayou and McKinney Road asking 71210 -21 Minutes of the Regular Meeting - Dec. 10, 1987 that the yield sign be changed back to a stop sign. The adminis- tration suggested that this matter be referred to the Traffic Commission. Councilman Johnson had left a note requesting that the Traffic Commission look favorably on the request. Baytown Area/West Chambers County Economic Development Foundation Quarterly Report - Council received a copy of the Baytown Area /West Chambers County Economic Development Quarterly Report for the period ending September 30, 1987. The contract with the Foundation provides that a quarterly report will be presented to council. After reviewing the report, if council has any questions, Mike Shields, Director, would be happy to respond. Mr. Shields was very helpful to Chevron with its application for tax abatement and worked with Harris County in the develop- ment of criteria for the program. American City and County Magazine - The City of Baytown's Senior Citizen's Taxicab Program will receive national attention through an article which appeared in the recent issue of American City and County Magazine. That particular issue also contained an article about Henry Cisneros, Mayor of San Antonio. Texas Literacy Council - Denise Fischer, Assistant Librar- ian, has recently been appointed to the Texas Literacy Council by Governor Bill Clements. Denise has been very instrumental in establishing a Literacy Program for Baytown and the surrounding area which has been very successful. Sidewalks Near Schools - The administration is currently working on a map to show the location of existing sidewalks in the vicinity of schools. The next step is to show additional sidewalks and costs. Upon completion of the map and cost esti- mates a report will be made to council. Central District Contracts 62% complete and proceeding with should be completed by June, 1988. tion system is about 98% complete, are about 85% complete. The requirements of the state and projects. - The treatment plant is about the present schedule the plant Rehabilitation of the collec- and lift station modifications administration expects to meet EPA for completion of these 71210 -22 Minutes of the Regular Meeting - Dec. 10, 1987 Brownwood Area - City crews have been working on this pro- ject and 39 lots have been cleared with 10 remaining. Campos versus City of Baytown - The Campos versus City of Baytown lawsuit is scheduled to be heard before the Fifth Circuit the first week in February, 1988. Recess Into Executive Session to Discuss Land Acquisition Mayor Hutto recessed the open meeting into executive session to discuss land acquisition. When the open meeting reconvened, Mayor Hutto announced that there was no action necessary as a result of the executive session. Adjourn There being no further business to be transacted, the meet- ing was adjourned. 3 -1 -30 Eileen P. Hal City Clerk BID RESULTS EAST SIDE WATERLINE PROJECT Job No. 8710 -01 December 8, 1987 Angel Brothers Enterprises, Inc. Baytown Construction Company, Inc. Crawford -Gray Construction Co., Inc. Ella Contracting, Inc. H. B. Hamilton Jaho, Inc. Kinsel Industries Corporation MEB Engineering, Inc. Moon Construction Company, Inc. Reddico, Inc. Solesbee Construction Co., Inc. 254,345.00 261,585.00 237,243.75 251,991.90 218.243.00 238,820.00 197,655.00 208,775.40 Attachment "A" CITY OF BAYTOWN 810 TABULATION TLE: WET WELL CLEANING 0 NUMBER: 8810 -01 TE: 12 -01 -87 2:00 P.M. Attachment "B" W W-12 ;ENVIRONMENTAL FIELD ;CHANNEL CONSTRUCTION TEN; QTY ;UNIT ;DESCRIPTION ;UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICE; 1. ; 1 I EA. ;BIG MISSOURI LIFT STATION; 135.50/HRI ; ; 4,485.60; 2. I 1 ; EA. ;CEDAR BAYOU LYNCHBURG 1 135.50 /HRI ; ; 4,908.20; I I I I 1 1 ISEWER PLUG -EACH STATION I I 15.001 I I I 1 ;DISPOSAL -PER LOAD ; ; 250.001 I ; ;BIOS SENT TO 6 VENDORS. I W W-12 CITY OF BAYTOVN 810 TABULATION ROSELAND PARK PUMPHOUSE PIPE INSTALLATION AM NU 8810 -02 11 -01 -81 2:00 P.M. Attachment "C" IHANCOCK POOL SERVICESIOESIGN CONTROLS ;QUALITY POOL SERVICESIH.B. HAMILTON ; Eh; QTY ;UNIT ;DESCRIPTION _I _I I ;UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICE; I LOT I LOT IROSELAND PARK PUKPHOUSE ; I 1,246.001 I 5,666.001 I 51695.00; I 6,949.001 1 I 0BIDS SENT TO 6 VENDORS. I 1 I 1 I 1 1 I 1 Fe CITY OF BAYTOVN 010 TABULATION TLE: ROOF SCUTTLES D NUMBER: 8810 -04 TE: 12 -02 -87 2:00 P.M. Attachment "D" ;MILTON LEHMAN IDEVEES a SON TER; QTY ;UNIT ;DESCRIPTION 1 I -I ; ; (UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICE; 1. 1 1 1 EA. 11'6• X 8'0' 1 1 11000.001 1 19140.001 I 1 1 1 2. 1 2 1 EA. 15'0' X 5'0' 1 1,300.001 2,600.001 1,710.001 3,420.001 1 1 1 1 I 1 1 TOTAL: 1 1 3,600.001 I 41560.001 1 I 1 1 1 1 18IDS SENT TO 4 VENDORS. 1 1 1 1 1 1 1 1 1 CITY OF BAYTOWN 810 TABULATION ME: INSTALLATION OF SPRAY -ON CELLULOSE 1 N� R: 8810 -05 12 -03 -87 2:00 P.M. Attachment "E" I I I IACOUSTILATION ;BEST WAY INSULATION ; ; ; fEM; QTY :UNIT :DESCRIPTION ;UNIT PRICEIEXT. PRICE;UNIT PRICEIEXT. PRICEIUNIT PRIMEXT. PRIMUNIT PRICEIEXT. PRICE; I.: LOT : ;INSTALLATION OF SPRAY -ON 1 ; 61850.00; 1 3,700.00: I : :CELLULOSE : 1 (BIDS SENT TO 6 VENDORS. lw CITY OF BAYTOWN 810 TABULATION 'LE: ANNUAL CRUSHED CONCRETE BASE MATERIAL NUMBER: 8709 -117 11 -24 -87 2:00 P.M. Attachment "F" N ;HOUSTON CRUSHED CON. I 'EMI QTY ;UNIT ;DESCRIPTION ; _I I ;UNIT PRICEIEXT. PRICE;UNIT PRICEIEXT. PRICE;UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICE; 16000 I TONSICRUSHEO CONCRETE BASE I 11.20; 67,200.00; 1 1 I 1 1 I 1 1 1 1 1 I 1 1 1 1 1 I 1 1 1 1 1 1 OELIVERY:II DAY ARO I ; I ;BIDS SENT TO S VENDORS. 1 ( 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 ( 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 ( I 1 1 I I I 1 1 1 I 1 1 I 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 ( 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 ! 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 N CITY OF BAYTOWN 010 TABULATION TITLE: DIGESTER CLEANING BIB dUMBER: 8709 -117 DATE: I1 -25 -87 2:00 P.M. Attachment "G" ;RAWHIDE ROOFING ;CHANNEL CONSTRUCTION ;H.B. HAMILTON KEFCO WESTERN It ;ITEM; QTY ;UNIT ;DESCRIPTION ;UNIT PRICEIEXT. PRICEIUHIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICE, 1. ; LOT ; LOT ;DIGESTER CLEANING ; ; 8,979.00; ; 81491.48; ; 5,622.00; ; 91600.00; , , , , , , , , , , , It , It ;BIDS SENT TO 8 VENDORS. CITY OF BAYTOWN 810 TABULATION ITLE: DIGESTER CLEANING ID NUMBER: 8109 -117 ATE: II -25 -87 2:00 P.M. 1AM. ENVIRONMENTAL !ALLSTATE VACUUM ITEM; QTY ;UNIT ;DESCRIPTION ;UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICE;EXT. PRICE; 1. 1 LOT ; LOT ;DIGESTER CLEANING 1 90.00 /HR1 1 1 4,820.001 ; ; ; Attachment "H" CITY OF BAYTOWN BID TABULATION TLE: ANNUAL HOT MIX ASPHALT D NR: 8708 -105 II -15 -87 2:00 P.M. 1 1 : ;SOUTHWEST ASPHALT ;PARKER BROTHERS ;TEXAS TX TX CORP. 1DRAV0 BASIC ; TER; QTY ;UNIT ;DESCRIPTION ; ;UNIT PRICEIEXT. PRICE' NIT PRICEIEXT. PRICE:UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICE; I. 1 1000; TONSIHOT NIX ASPHALT ; 1 23,500.00: 1 18,000.001 1 19,640.001 1 21,000.00: 1 : 1 DELIVERY:11 DAY ARO 1 11 DAY ARO 1 !AS NEEDED 1 !AS NEEDED 1 1 1 1 :BIOS SENT TO 6 VENDORS. CITY Of BAYTOWN 810 TABULATION TITLE: ANNUAL CONTRACT FOR JANITORIAL SERVICES BID NUMBER: 8708 -113 DATE: 12 -02 -87 2:00 P.M. Attachment "I" I ' 11 IITEMI QTY 1UNIT IOESCRIPTION !UNIT PRICEIEXT. PRICHUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICHUNIT PRICEST. PRICE, LOT : !POLICE E MUNICIPAL COURT 1 1,393.601 16,723.201 826.501 9,918.001 1,983.331 23,800.001 875.001 10,500.00: 12. I LOT 1 !FIRE ADMINISTRATION BLDG.! 792.901 9,514.801 470.001 5,643.001 633.331 7,600.001 400.00: 4,800.001 : 1 : 18105 SENT TO 9 VENDORS. 1 1 CITY OF BAYTOIIN BID TABULATION PAGE 2 TITLE: ANNUAL CONTRACT FOR JANITORIAL SERVICES BID NUMBER: 8108 -113 OA,' 12 -02 -87 2:00 P.M. !UNIQUE BLDG. MAINT. ;ITEM; QTY 'UNIT ;DESCRIPTION I ; ; ;UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICE; 1. ; LOT ; !POLICE a MUNICIPAL COURT 1 761.251 9,135.00 1 ; ; ! 2. ! LOT ! !FIRE ADMINISTRATION BLDG.! 412.501 4,950.00 1 1 1 1 1 1 1 1 I I I 1 1 1 1 1 1 1 I I CITY OF BAYTOVK 810 TABULATION TLE: IBM -AT PERSONAL COMPUTER D NUMBER: 8811 -11 FE: 12 -8 -87 2:00 P.N. Attachment "J" IBM FEN; QTY ;UNIT ;DESCRIPTION ;UNIT PRICEIEXT. PRICE;UNIT PRICEIEXT. PRICE;UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICE; 1. ; 1 1 LOT 116M -AT COMPUTER ; 6,160.001 ; 14 ; ; 11 ; ;BIOS SENT TO / VENDORS. MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 10, 1987 The City Council of the City of Baytown, Texas, met in special session on Thursday, December 10, 1987, at 6:00 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 Emmett 0. Hutto Fritz Lanham Bobby Rountree Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Absent: Jimmy Johnson Councilman The meeting was called to order with a quorum present, after which the following business was conducted: Recess Into Executive Session to Discuss Pending Litigation Mayor Hutto recessed the open meeting into executive session to discuss pending litigation. When the open meeting reconvened, Mayor Hutto announced that there was no action necessary as a result of the executive session. Adjourn There being no further business to be conducted in the special meeting, the meeting was adjourned. Eileen P. Hall City Clerk 3 -1 -29