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1988 05 26 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN May 26, 1988 The City Council of the City of Baytown, Texas, met in regular session on Thursday, May 26, 1988, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Jimmy Johnson Ron Embry Roy Fuller Rolland J. Pruett Emmett 0. Hutto Fritz Lanham Bobby Rountree Randy Strong Eileen P. Hall Absent: Fred T. Philips Perry M. Simmons The meeting was called Councilman Fuller offered the ing business was conducted: Councilman Councilman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Councilman Councilman to order with a quorum present. invocation, after which the follow- Receive and Open Bids For $1,140,000 City of Baytown, Texas, Public Improvement Bonds, Series 1988; and If Deemed Advisable adopt Proposed Ordinance No. 80526 -1, authorizing issuance of $1,140,000 Public Improvement Bonds, Series 1988, Appropriating $1,140,000 of Sale Thereof For Street Improvements, and Contain- ing Other Provisions Related Thereto. Larry Cutuzzi with the firm of Underwood, Neuhaus & Co., Inc. was present for the bid opening. He opened and read the bids as follows: 80526 -2 Minutes of the Regular Meeting - May 26, 1988 BIDDER NET EFFECTIVE INTEREST RATE First RepublicBank Dallas, NA Underwood, Neuhaus & Co., Inc. First Southwest Company Dean Witter Reynolds, Inc. CEDE & COMPANY Clayton and Company Bear Stearns & Co., Inc. Paine Webber, Inc. /Rotan Mosley, Inc. 7.51254 7.54730 7.577267 7.608254 7. 62'7143 7.64202 7.691746 7.710159 Mr. Catuzzi stated that the bids were based on 100% of par and that there was a 2% spread from the highest to the lowest amount. He also emphasized that Moody's and Standard and Poor's had maintained the city's rating, but by selling the bonds with insurance the rating equated to an AAA rating. Mr. Catuzzi recommended adoption of the proposed ordinance authorizing the issuance of $1,140,000 City of Baytown, Texas, Public Improvement Bonds, Series 1988; appropriating $1,140,000 of the proceeds of sale thereof for street improvements; with the acceptance of the bid of First RepublicBank Dallas, NA. Councilman Johnson moved to adopt the ordinance and to approve the official statement. Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Johnson, Embry, Fuller and Pruett Mayor Hutto Nays: None See Attachment "A" for Certificate For Ordinance and Ordi- nance No. 5012. Ordinance No. 5012 ORDINANCE AUTHORIZING THE ISSUANCE OF $1,140,000 CITY OF BAYTOWN, TEXAS, PUBLIC IMPROVEMENT BONDS, SERIES 1988; APPROPRIATING $1,140,000 OF THE PROCEEDS OF SALE THEREOF FOR STREET IMPROVE- MENTS; AND CONTAINING OTHER PROVISIONS RELATED THERETO. n 80526 -4 Minutes of the Regular Meeting - May 26, 1988 Spencer Daniels, Operations Manager for GTE in Baytown, stated that the company would be happy to hold town meetings to provide more information to the public. However, he emphasized that GTE had made this proposal at council's request and if the citizens of Baytown are not interested, the company would be glad to drop the proposal. Citizen's Communications: a. Bob Leiper, 4001 Trailwood, Will Present a Petition Signed By Over 300 City Employees Requesting That the City of Baytown Approve the Increase of Employee Contributions From 5% to 7% In TMRS, Along With Updated Service Credits and Remaining 2 to 1 Contribution By the City. Bob Leiper, 4001 Trailwood, presented a petition with over 400 employees' signatures requesting that the City of Bay- town approve the increase of employee contributions from 5% to 7% in TMRS, along with updated service credits and con- tinuing the 2 to 1 contributions by the city. The actual percent that the city is contributing is 8.9 %. An increase in employee contribution to 7% would increase the city's share to 13.15 %. For the 1988 -89 budget the expenditure increase would be $406,000. However, that would not be effective until January 1, 1989. Therefore, the first three months of the year, the contribution rate would remain at 8.9% and following years the estimated cost above the current $1,136,000 would be $542,000. However, the 13.15% rate would drop about 1/2 percent in following years due to retirement of older employees. With the 2% increase, employees with 19 years or over would begin to take advan- tage of retirement. He emphasized that Baytown is surrounded by cities who have gone to the 7% rate. James Anderson, President of the Baytown Police Patrolman's Union, also commented that by going from the 5% to 7% con- tribution, council would give incentive for older officers to retire clearing the way for promotion within the department. Councilman Johnson moved to accept the petition and forward it to the administration for consideration at budget work session meetings. Councilman Fuller seconded the motion. The vote follows: 80526 -5 Minutes of the Regular Meeting - May 26, 1988 Ayes: Council members Johnson, Embry, and Fuller and Pruett Mayor Hutto Nays: None Randy Strong, City Attorney, clarified that by voting to accept the petition, council was simply voting to receive the petition. This did not mean that they accepted the content of the petition. b. Rocky Rodriguez, 601 W. Cleveland, Will Address Council Concerning the Need for an Election. Mr. Rodriguez pointed out that Section 12 of the Charter of the City of Baytown provides for two year terms of office for council members. Since the City of Baytown has not held an election since 1986, the entire council's term has expired. He criticized council for continuing to promote the 5 -3 -1 Plan and asked council to provide the citizens of Baytown with the opportunity to hold an election. He contended this was taxation without representation. c. Judy Hardy, 827 Briarcreek, Will Address Council Concerning the Single Member Voting Plan Ms. Hardy proposed that council hold a non - binding refer- endum to allow the citizens of Baytown to decide on the 5 -3 -1 Plan or 8 -2 -1 Plan. The 8 -2 -1 Plan would provide for eight single member districts with three at -large places elected by majority. This would provide for more citizen participation. The election could be held on a Saturday with volunteers manning the precincts. d. Roxanne Gillum, P.O. Box 3997, Will Address Council Concerning Plans For Proposed Thoroughfare Connecting Baker and Rollingbrook. Ms. Gillum advocated that money be allocated for the widen- ing of Massey Tompkins Road to four lanes rather than constructing a new thoroughfare to connect Baker and Rollingbrook. Ms. Gillum intimidated that the new thoroughfare would benefit Mayor Hutto's personally. 80526 -6 Minutes of the Regular Meeting - May 26, 1988 Mayor Hutto pointed out that at the present time the proposed route for the thoroughfare has not been designated and that the project will be a participation project among the county, city and homeowners. Tracey Wheeler, Baytown Chamber of Commerce Recognized Ms. Wheeler pointed out that Garth Road is already heavily traveled and with the opening of the new hospital at the corner of Baker and Garth the problem will be even greater. The Chamber of Commerce supports council in its attempt to develop a thoroughfare to alleviate traffic problems in this area. Ms. Wheeler stated that we cannot afford to wait to develop streets to alleviate heavy traffic problems, nor can we afford not to develop because someone will benefit from it. Consider Proposed Resolution, Requesting Funding for the Baytown Senior Citizens Taxi Program from the City of Houston Office On Aging The administration is requesting approval to apply for $20,000 from the City of Houston Office on Aging which is the agency designated to administer funds received from Title III of the Older Americans Act of 1965. The city will be requesting a grant of $20,000. If the grant is not approved the entire amount must be paid from Community Development funds. The administra- tion recommended approval of the resolution. Councilman Pruett moved for adoption of the resolution; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Johnson, Embry, and Fuller and Pruett Mayor Hutto Nays: None Resolution No. 1019 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO REQUEST THE CITY OF HOUSTON OFFICE ON AGING TO OFFER FUNDING FOR THE BAYTOWN SENIOR CITIZENS TAXI PROGRAM FOR THE CITIZENS OF THE CITY OF BAYTOWN; DESIGNATING THE COMMUNITY DEVELOPMENT PLANNER AND IN HIS ABSENCE THE DIRECTOR OF PLANNING AND TRAFFIC AS THE PERSON RESPONSIBLE FOR ADMINISTERING THE PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. 80526 -7 Minutes of the Regular Meeting - May 26, 1988 Consider Proposed Ordinance, Amending Chapter 16, Article II, Junkyards and Automotive Wrecking and Salvage Yards of the Code of Ordinances, By Amending Section 19, Fencing Required and Section 16 -20. Council had considered this item at a previous meeting and comments of council had been taken into account in drafting the proposed ordinance. The proposed ordinance provides for a six foot fence rather than an eight, and existing junkyards and salvage yards that are already fenced would be grandfathered. The ordinance spells out that fences made of heavy metal with baked enamel finish would be acceptable and that plywood and corrugated metal are prohibited. Any replacement or substantial repair must be constructed in accordance with the provisions of the proposed ordinance. Councilman Pruett moved for the adoption of the ordinance with the elimination of the $10.00 permit fee. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Johnson, Embry, and Fuller and Pruett Mayor Hutto Nays: None Ordinance No. 5013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 16, "JUNK AND JUNKYARDS," OF THE CODE OF ORDINANCES, BY AMENDING SECTION 16 -19, "FENCING REQUIRED;" AND SECTION 16 -20, "CONSTRUCTION, MAINTENANCE OF FENCE OR WALL;" PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Amending Chapter 7, "Buildings," of the Code of Ordinances by Amending Section 7 -31, "Types of Fencing" This ordinance provides for use of the same type building materials as in the ordinance just adopted by council. Since this ordinance also had a provision for collection of a $10.00 permit fee, the city manager recommended that council forego this fee as well. Councilman Pruett moved to adopt the ordinance with the exception of the $10.00 permit fee. Councilman Johnson seconded the motion. The vote follows: 80526 -8 Minutes of the Regular Meeting - May 26, 1988 Ayes: Council members Johnson, Embry, and Fuller and Pruett Mayor Hutto Nays: None Ordinance No. 5014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 7, "BUILDINGS," OF THE CODE OF ORDINANCES, BY AMENDING 'SECTION 7 -31, "TYPES OF FENCING;" PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLI- CATION AND EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Adopting the Texas State Board of Plumbing Examiners Plumbing Code The City of Baytown has been operating under the Plumbing Code published by the Texas Municipal League for years. The League is no longer printing the code; however, the State Board of Plumbing Examiners is publishing a similar code. Adoption of that code will provide for lead free solder in potable water systems. The administration recommended adoption of the ordinance. Councilman Embry moved for adoption of the ordinance; Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Johnson, Embry, and Fuller and Pruett Mayor Hutto Nays: None Ordinance No. 5015 AN ORDINANCE REGULATING PLUMBING WORK IN THE CITY OF BAYTOWN, TEXAS, DEFINING CERTAIN TERMS; PROVIDING FOR CERTAIN EXEMPTIONS; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE AND THE ISSUANCE OF PERMITS AND ESTABLISHING CERTAIN FEES; PROVIDING FOR SPECIFI- CATIONS, MATERIALS AND METHODS OF PLUMBING INSTALLATIONS; PROVID- ING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE; REPEALING INCON- SISTENT ORDINANCES; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. 80526 -9 Minutes of the Regular Meeting - May 26, 1988 Consider Authorization For the Administration to Advertise For Bids For Property Insurance The administration requested authorization to advertise for bid for property insurance. Property coverage includes real property, vehicles physical damage, electronic data processing, park buildings, and contractors' equipment \radio towers. Councilman Johnson moved to authorize the administration to advertise for bids for property insurance coverage. Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Johnson, Embry, and Fuller and Pruett Mayor Hutto Nays: None Consider Authorization to the Engineering Division to Prepare Plans and Specifications for Extension of Water and Sewer Service to the Cedar Crossing Business Park U.S.R. Realty has announced the pending construction of Cedar Crossing Business Park in Chambers County. The administration has been working with Don Simpson with U.S.R. Realty for several weeks on ways that municipal water and sewer service could be provided to the business park. The proposal is that the City of Baytown will prepare plans and specifications and receive bids for construction of water and sewer lines to the business park. During construction of the lines, the City of Baytown will perform inspection services. Upon completion, the lines will be given to the City of Baytown with the cost of construction being paid by U.S.R. Realty. As others tie on, the city will collect payment based on the existing ordinance and make reimbursement to U.S.R. Realty. The estimated cost for the water system is $230,000 while the estimated cost for the sewer system is $161,000. Estimated cost for engineering and inspection services is $40,00. Councilman Fuller moved to authorize the Engineering Division to prepare plans and specifications for extension of water and sewer service to the Cedar Crossing Business Park. Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Johnson, Embry, and Fuller and Pruett Mayor Hutto Nays: None 80526 -10 Minutes of the Regular Meeting - May 26, 1988 Mr. Simpson told council that the business park would consist of 117 acres in Chambers County. Bids have already been taken for the civil engineering work. Bids for the first building have been scheduled which building will consist of 50,000 square feet. Plans are for the park and the building to be opened by the first of the year. Groundbreaking is scheduled for the latter part of June or the first part of July. Consider Approval to Advertise for Bids For Replacement of Sani- tary Sewer Force Main From Craigmont Lift Station to Baker Road The Craigmont Lift Station has been enlarged and pumping capacity increased. Now the sewer force main from Craigmont Lift Station to Baker Road has deteriorated to the point of needing replacement. Therefore, the administration requested permission to prepare specifications and advertise for bids. Councilman Embry moved to authorize the administration to prepare specifications and advertise for bids for replacement of sanitary sewer force main from Craigmont Lift Station to Baker Road. Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Johnson, Embry, and Fuller and Pruett Mayor Hutto Nays: None Consent Agenda Council considered the Consent Agenda as follows: a. Proposed Ordinance No. 80526 -5 authorizes the refund of real estate taxes Account No. 0230 - 001 -007 -0 for Dinesh Batra in the amount of $505.40. Harris County Central Appraisal District Appraisal Review Board lowered the value for this account. We recommend approval. b. Proposed Ordinance No.80526 -6, authorizes payment to Oaks, Hartline and Honey for services rendered through April, 1988 in the amount of $2,531.05. We recommend approval. 80526 -11 Minutes of the Regular Meeting - May 26, 1988 C. Proposed Ordinance No. 80526 -7, awards the bid for flail mowers to Lansdowne Moody in the amount of $4,176. Invita- tions to bid were mailed to seven vendors. We received three bids and two no bids. We recommend approval. d. Proposed Ordinance No. 80526 -8, awards the bid for repair clamps to the following vendors: Item 1 Golden Triangle $ 8,507.17 Item 2 Aqua Utility $14,308.79 Item 3 Golden Triangle $19,004.68 The low bidder for Items 1 and 2, Adapter Supply, did not bid all items specified and the low bidder on Item 3, Aqua Utility could not provide a sample clamp for four weeks. Bids were mailed to eight vendors and six responded. We recommend approval. e. Proposed Ordinance No. 80526 -9, awards the bid for lease of passenger vans for the 1988 Mayor's Summer Job Program to Kelease, Inc., low bidder in the amount of $4,500. Bids were mailed to four vendors and one responded. We recommend approval. f. Proposed Ordinance No. 80526 -10, authorizes the exchange of street right of way, Courtyard Boulevard, for a utility easement. The street was dedicated to the city but never accepted because it was not constructed to city specifications. We would be abandoning the street right of way in exchange for a utility easement. We recommend approval. 80526 -12 Minutes of the Regular Meeting - May 26, 1988 g. Proposed Ordinance No. 80526 -11, amends the contract with Bayshore Community Development, Inc. to reduce bus service from Monday through Friday to Tuesday through Friday. The number of riders on Monday does not warrant the service. The city reimburses on a per rider basis. We recommend approval. h. Proposed Ordinance No. 80526 -12, authorizes the re- building of approximately 400 5/8 inch water meters by Rockwell International. The meters to be rebuilt are all Rockwell. Estimated cost is $7,500. We recommend approval. i. Proposed Ordinance No. 80526 -13, authorizes final payment to Moon Construction Company, Inc. for the East Side Water Line Project in the amount of $26,142.53. The total contract amount is $201,885.00. We recommend approval. j. Proposed Ordinance No. 80526 -14, awards the contract for 1987 Community Development Project: Water, Sewer, and Drainage Improvements to Elm Street and Miriam Streets to Buffalo Excavating and Paving in the amount of $217,486. There were six bidders. We recommend approval. k. Proposed Resolution No. 1021 authorizes the transfer of $10,731 from Council Contingency to the Library Budget. This amount was approved for extra help, FICA, and Workman's Compen- sation in the Library budget and was inadvertently omitted from the final draft of the city budget. In order to have adequate staffing for the forthcoming summer reading program and to keep the Library open in the evening hours, it will be necessary to transfer money into these library accounts. 80526 -13 Minutes of the Regular Meeting - May 26, 1988 510300- 000109 $ 9,984 Extra Help 510700- 000109 $ 714 FICA 510800 - 000109 $ 33 Workman's Comp. Total $10,731 We recommend approval. 1. Proposed Resolution No. 1022 supports and promotes the creation of trust funds for the Land and Water Conservation Fund and Historic Preservation Fund. H.R. 4127 and S. 2199 will create a permanent trust fund for the Land and Water Conservation Fund and the Historical Preservation Fund. It will require the Secretary of the Treasury to invest all unappropriated balances in the funds into interest bearing accounts. These are the federal grants used to match our park acquisition and development projects. The Parks and Recreation Board recommends approval. We recommend approval. Councilman Johnson moved for approval of the Consent Agenda Items "a" through "l." Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Johnson, Embry, and Fuller and Pruett Mayor Hutto Nays: None Ordinance No. 5016 AN ORDINANCE' DETERMINING THAT THE PAYMENT OF TAXES BY DINESH BATRA ON ACCOUNT NUMBER 0230 - 001 -007 -0 FOR THE TAX YEAR 1987 WAS EXCESSIVE; APPROVING A REFUND OF THE OVERPAYMENT OF FIVE HUNDRED FIVE AND 40/100 ($505.40) DOLLARS; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. (Proposed Ordinance No. 80526 -5) Ordinance No. 5017 AN ORDINANCE APPROVING PAYMENT OF ATTORNEY FEES AND EXPENSES TO OAKS, HARTLINE 7 HONEY FOR PROFESSIONAL SERVICES RENDERED IN CAMPOS, ET AL VS. THE CITY OF BAYTOWN THROUGH APRIL 30, 1988; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 80526 -6) 80526 -14 Minutes of the Regular Meeting - May 26, 1988 ORDINANCE NO. 5018 AN ORDINANCE ACCEPTING THE BID OF LANSDOWNE MOODY FOR THE PURCHASE OF FLAIL MOWERS AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FOUR THOUSAND ONE HUNDRED SEVENTY -SIX AND N01100 ($4,176.00) DOLLARS. (Proposed Ordinance No. 80526 -7) Ordinance No. 5019 AN ORDINANCE ACCEPTING THE BID OF GOLDEN TRIANGLE AND AQUA UTILITY FOR THE ANNUAL REPAIR CLAMP CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FORTY -ONE THOUSAND EIGHT HUNDRED TWENTY AND 64/100 ($41,820.64) DOLLARS. (Proposed Ordinance No. 80526 -8) Ordinance No. 5020 AN ORDINANCE ACCEPTING THE BID OF KELEASE, INC. FOR THE RENTAL OF PASSENGER VANS AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FOUR THOUSAND FIVE HUNDRED AND NO 1100 ($4,500.00) DOLLARS. (Proposed Ordinance No. 80526 -9) Ordinance No. 5021 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING THAT THE RIGHT -OF -WAY ON COURTYARD BOULEVARD (PREVIOUSLY KNOWN AS ATCID LANE BE VACATED, ABANDONED, AND CLOSED; PROVIDING FOR THE QUITCLAIMING OF THE CITY'S INTEREST IN SAID PROPERTY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 80526 -10) Ordinance No. 5022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AN AMENDMENT TO THE AGREEMENT WITH BAYSHORE COMMUNITY DEVELOPMENT, INC. WHICH PROVIDES TRANSPORTATION SERVICES TO LOW INCOME CITIZENS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 80526 -11) 80526 -15 Minutes of the Regular Meeting - May 26, 1988 Ordinance No. 5023 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SEVEN THOUSAND FIVE HUNDRED AND N01100 ($7,500.00) DOLLARS TO ROCKWELL INTERNATIONAL AS THE SOLE SOURCE FOR THE REBUILDING OF 5/8" ROCKWELL METERS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 80526 -12) Ordinance No. 5024 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO MOON CONSTRUCTION COMPANY, INC. FOR THE EAST SIDE WATER LINE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE HEREFOF. (Proposed Ordinance No. 80526 -13) Ordinance No. 5025 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH BUFFALO EXCAVATING AND PAVING FOR THE 1987 COMMUNITY DEVELOPMENT PROJECT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 80526 -14) Resolution No. 1020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER TEN THOUSAND SEVEN HUNDRED THIRTY -ONE AND N01100 ($10,731.00) DOLLARS FROM THE CONTINGENCY ACCOUNT TO VARIOUS LIBRARY BUDGET ACCOUNTS AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Resolution No. 1021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SUPPORTING AND PROMOTING THE CREATION OF TRUST FUNDS FOR THE LAND AND WATER CONSERVATION FUND AND HISTORIC PRESERVATION FUND AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. For bid tabulations see Attachments "B" through "E." 80526 -16 Minutes of the Regular Meeting - May 26, 1988 Consider Appointments to Baytown Traffic Commission Councilman Johnson moved to reappoint Linda Cottar and Thomas P. McLaughlin to the Baytown Traffic Commission. Councilman Embry seconded the motion. The vote follows: Ayes: Council members Johnson, Embry, and Fuller and Pruett Mayor Hutto Nays: None Consider Appointments to Plumbing Appeals and Advisory Board Councilman Johnson moved to reappoint Monte Young to the position of licensed master plumber and Lynn A. Seamans to the positions of licensed engineer on the Plumbing Appeals and Advisory Board. Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Johnson, Embry, and Fuller and Pruett Mayor Hutto Nays: None Consider Appointment to Board of Adjustments and Appeals This appointment will be made at a future meeting. City Manager's Report Sick Leave Fund - Councilman Simmons was unable to attend the council meeting because County Judge Jon Lindsay was holding a function. He had inquired concerning the balance in the Sick Leave Fund which balance is $310,323. The city manager will get with Councilman Simmons on this matter later. 80526-17 Minutes of the Regular Meeting - May 26, 1988 Corps of Engineers - Cedar Bayou Stream Deepening Project - The Corps of Engineers is considering the possibility of deepen- ing and widening Cedar Bayou Stream. By Corps standards this project would be considered a small project because it will cost less than $4,000,000, and therefore, would require no congressional action. The Corps of Engineers, Galveston Office, is interested in pursuing the possibility of deepening Cedar Bayou from its present ten feet to twelve feet and also widening the stream. Estimated cost of the initial appraisal would be $10,000 which would be federally funded. The reconnaissance portion of the study would require about eleven months and would cost about $50,000. This too would be federally funded. However, at that point if the project were to proceed, any costs for studies would be shared on a 50/50 basis, and the construction costs would be shared on a 80/20 basis. Estimated project costs at this point are just under $3,000,000. Preliminary studies indicate that the project meets the cost benefits requirements. At some point in the near future, the Corps will want to know if there are local sponsors, and if so, who they are. The Chambers County Navigation District is a possibility, but there would need to be a co- sponsor in Harris County. The Port Authority could be one, or the City of Baytown or Harris County could be one. Administration will keep council informed on this matter. The project will proceed all the way up to Highway 146 Bridge. Transfer of Funds From Demolition Category in Building and Inspection Department to Health Department Vacant Lot Maintenance Fund - For many years the City of Baytown has had a vacant lot mowing program, but there are also a large number of vacant homes that have yards that are not being kept. In fact, there are approximately 825 that the city now mows. That work has depleted --the funds available for lot mowing. The transfer will be neces- sary later in the year, or the program will need to be terminated for this season. Council had no objections. Food Establishment Awards Program - The Health Department plans to begin a food establishment award program. There will be criteria established for receipt of this award on a quarterly basis. The administration feels that this will be a positive program. Council has no objections. 80526 -18 Minutes of the Regular Meeting - May 26, 1988 Improvement and Channelization of Goose Creek Stream Between Baker and Cedar Bayou Lynchburg Road - Harris County Flood Control has plans for the improvement and channelization of Goose Creek Stream between Baker and Cedar Bayou Lynchburg Road. Part of that project is the replacement of the bridge on Cedar Bayou Lynchburg with one having 180 foot length. The county feels it will be necessary to close the bridge from 90 -120 days to make the change. Councilman Embry asked the administration to contact the county regarding the possibility of a temporary bridge since this is a heavily traveled roadway. Baker Road Between Bayway and Decker - The contractor has completed about 20% of the work. They are now involved in the underground portion of the contract which takes longer to accom- plish. A twelve inch water line from Bayway to west of the railroad has been replaced. The storm sewer is complete from the railroad east to Decker and is virtually completed from the Super Ditch west to Bayway. About one -third of the storm sewer is complete from the super ditch east to the railroad. Baker Road is to be open throughout the entire project. Central District Wastewater Treatment Plant - The July date is very near, and the contractor assures the administration that work will have progressed enough so that the city will be in compliance with state requirements. 1988 Street Improvement Program - West Elvinta, East Gulf and First Street have 1 1/2 inches of overlay in place. Long, Ammons, and Grantham have a 1 inch level up and the 1 1/2 inch overlay will be done soon. Presently, the contractor is in the process of installing the storm drainage on Mayhaw. Drainage - Huggins and Adams Street drainage work has been completed, as well as Happy Valley and Pinemont. The work on North Burnet and Post Oak is about 95% complete. 80526 -19 Minutes of the Regular Meeting - May 26, 1988 West Main Elevated Water Storage Tank - Work has begun on this project. Parks and Recreation Department Interns - Three students from Texas Tech will be working with the Parks and Recreation Department as supervisors for the Mayor's Summer Job Program. The students are Keith Wood, David Crabb, and Brad Stafford. Adjourn There being no further business to be transacted, the meeting was adjourned. 3 -2 -11 Eileen P. Hall City Clerk CERTIFICATE FOR ORDINANCE THE STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS Attachment "A" We, the undersigned officers of the City Council of the City of Baytown, Texas, hereby certify as follows: 1. The City Council of the City of Baytown, Texas, convened in regular session on May 26, 1988, at the regular meeting place thereof, within the City and the roll was called of the duly constituted officers and members of the City Council, to -wit: Emmett O. Hutto Jimmy Johnson Perry M. Simmons Fred T. Philips Ronald G. Embry Roy L. Fuller Rolland Pruett Eileen Hall Mayor Mayor Pro Tem Councilman Councilman Councilman Councilman Councilman City Clerk and all of said persons were present, except the following absentee (s) : Perry M. Simmans and Fred T.- Philips , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ORDINANCE AUTHORIZING THE ISSUANCE OF $1,140,000 CITY OF BAYTOWN, TEXAS, PUBLIC IMPROVEMENT BONDS, SERIES 1988; APPROPRIATING $1,140,000 OF THE PROCEEDS OF SALE THEREOF FOR STREET IMPROVEMENTS; AND CONTAINING OTHER PROVISIONS RELATED THERETO was duly introduced for the consideration of the City Council and read in full. It was then duly moved and seconded that said ordinance be adopted; and, after due discussion, said motion, carrying with it the adoption of the ordinance, prevailed and carried by the following vote: AYES: All members of said City Council shown present above voted "Aye ". NOES: None. 2. A true, full and correct copy of the aforesaid ordinance adopted at the meeting described in the above and foregoing paragraph is attached to and follows this certi- ficate; that the ordinance has been duly recorded in the City Council's minutes of said meeting; that the above and foregoing paragraph is a true, full and correct excerpt from the City Council's minutes of said meeting pertaining to the adoption of the ordinance; that the persons named in the above and foregoing paragraph are the duly chosen, qualified and acting officers and members of the City Council as indi- cated therein; that each of the officers and members of the City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and purpose of the aforesaid meeting, and that the ordinance would be introduced and considered for adoption at said meeting, and each of said officers and members consented, in advance, to the holding of said meeting for such purpose; that said meeting was open to the public as required by law; and that public notice of the date, hour, place and subject of said meeting was given as required by Vernon's Texas Civil Statutes, Article 6252 -17, as amended. SIGNED AND SEALED this 26t iI City Clerk (SEAL) day of May, 1988. W ORDINANCE NO. 5012 ORDINANCE AUTHORIZING THE ISSUANCE OF $1,140,000 CITY OF BAYTOWN, TEXAS, PUBLIC IMPROVEMENT BONDS, SERIES 1988; APPROPRIATING $1,140,000 OF THE PROCEEDS OF SALE THEREOF FOR STREET IMPROVEMENTS; AND CONTAINING OTHER PROVISIONS RELATED THERETO THE STATE OF TEXAS § COUNTIES OF HARRIS AND CHAMBERS § CITY OF BAYTOWN § WHEREAS, the Charter of the City of Baytown and the Constitution and laws of the State of Texas, particularly Chapters 1 and 7 of Title 22, Revised Civil Statutes of Texas, as amended, authorize the City of Baytown to issue Public Improvement Bonds to obtain funds for needed public improvements; and WHEREAS, the bonds hereinafter authorized were duly and favorably voted at an election held in the City on the 9th day of July, 1981; and WHEREAS, the election authorizing the issuance of the bonds was held in conformity with the Constitution and laws of the State of Texas and section 58 of the home -rul Charter of the City; and WHEREAS, $19,650,000 of the $23,290,000 bonds voted at such election have been previously issued; and WHEREAS, the City Council of the City has and does hereby determine that bonds in the amount of $1,140,000, as a portion and the fifth installment of the $23,290,000 bonds voted at such election, should now be issued and delivered in order to accomplish the purposes for which they were voted, and the City reserving the right to issue the remaining $2,500,000 of the bonds authorized at such election at a later time; Now, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: ARTICLE I DEFINITIONS AND INTERPRETATIONS Section 1.1: Definitions. Throughout this ordinance the following terms and expressions as used herein shall have the meanings set forth below: The term "Bond" or "Bonds" shall mean any bond or all bonds, as the case may be, of the Public Improvement Bonds, Series 1988, authorized in this Ordinance, unless the context clearly indicates otherwise. The term "Business Day" shall mean any day which is not a Saturday, Sunday, or a day on which the Registrar is authorized by law or executive order to close. The term "City" shall mean the City of Baytown, Texas, and, where appropriate, the City Council. The term "Code" shall mean the Internal Revenue Code of 1986, as amended. The term "Construction Fund" shall mean the construction fund established by the City pursuant to Article VI of this Ordinance. The term "Interest and Sinking Fund" shall mean the interest and sinking fund established by the City pursuant to Section 5.1 of this Ordinance. The term "Interest Payment Date ", when used in connec- tion with any Bond, shall mean February 1, 1989, and each August 1 and February 1 thereafter until maturity or earlier redemption of such Bond. The term "Ordinance" as used herein and in the Bonds shall mean this ordinance authorizing the Bonds and all amendments hereof and supplements hereto. The term "Owner" shall mean any person who shall be the registered owner of any outstanding Bonds. The term "Paying Agent" shall mean the Registrar. -2- 7 7 WQM va The term "Record Date" shall mean, for any Interest Payment Date, the 15th calendar day of the month next preceding such Interest Payment Date. The term "Register" shall mean the books of registration kept by the Registrar in which are maintained the names and addresses of and the principal amounts registered to each Owner. The term "Registrar" shall mean MTrust Corp, National Association, Houston, Texas, and its successors in that capacity. Section 1.2: Interpretations. All definitions of terms used herein and all pronouns used in this Ordinance shall be deemed to apply equally to singular and plural and to all genders. The titles and headings of the articles and sec- tions of this Ordinance have been inserted for convenience of reference only and are not to be considered a part hereof and shall not in any way modify or restrict any of the terms or provisions hereof. This Ordinance and all the terms and pro- visions hereof shall be liberally construed to effectuate the purposes set forth herein. ARTICLE II TERMS OF THE BONDS Section 2.1: Amount and PuKpose. The Bonds shall be issued in fully registered form, without coupons, in the total authorized aggregate amount of One Million One Hundred Forty Thousand Dollars ($1,140,000) for the purpose of constructing permanent street improvements for the City. Section 2.2: Designation. Date. and Interest Payment Date. The Bonds shall be designated as the "CITY OF BAYTOWN, TEXAS, PUBLIC IMPROVEMENT BONDS, SERIES 198811, and shall be dated June 1, 1988. The Bonds shall bear interest from the later of June 1, 1988, or the most recent Interest Payment Date to which interest has been paid or duly provided for, calculated on the basis of a 360 -day year of twelve 30 -day months, interest payable on February 1, 1989, and semi- annually thereafter on August 1 and February 1 of each year until maturity or prior redemption. -3- Section 2.3: Numbers Denomination, Interest Rates and Maturities. The Bonds shall be issued bearing the numbers, in the principal amounts, and bearing interest at the rates set forth in the following schedule, and may be transferred and exchanged as set out in this Ordinance. The Bonds shall mature, subject to prior redemption in accordance with this Ordinance, on February 1 in each of the years and in the amounts set out in such schedule. Bonds delivered in trans- fer of or in exchange for other Bonds shall be numbered in order of their authentication by the Registrar, shall be in the denomination of $5,000 or integral multiples thereof, and shall mature on the same date and bear interest at the same rate as the Bond or Bonds in lieu of which they are de- livered. Bond Principal Interest Number Year Amount Rate R- 1 1990 $ 40,000 R- 2 1991 500,000 R- 3 1992 50,000 R- 4 1993 50,000 R- 5 1994 508000 R- 6 1995 100,000 R- 7 1996 100,000 R- 8 1997 100,000 R- 9 1998 1008000 R -10 1999 100,000 R-11 2000 100,000 R -12 2001 100,000 R -13 2002 100,000 R -14 2003 100,000 Section 2.4: Execution of Bonds: Seal. The Bonds shall be signed by the Mayor of the City and countersigned by the City Clerk of the City, by their manual, lithographed, or facsimile signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such facsimile signatures on the Bonds shall have the same effect as if each of the Bonds had been signed manually and in person by each of said officers, and such facsimile seal on the Bonds shall have the same effect as if the official seal of the City had been manually impressed upon each of the Bonds. If any officer of the City whose manual or facsimile signature shall appear on the Bonds shall cease to be such officer before the authentication of such Bonds or before the delivery of such -4- Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes as if such officer had remained in such office. Section 2.5: Authentication. Except for the Bonds to be initially issued, which need not be authenticated, only such Bonds as shall bear thereon a certificate of authentica- tion, substantially in the form provided in Section 4.3 of this Ordinance, manually executed by an authorized represen- tative of the Registrar, shall be entitled to the benefits of this Ordinance or shall be valid or obligatory for any purpose. Such duly executed certificate of authentication shall be conclusive evidence that the Bond so authenticated was delivered by the Registrar hereunder. Section 2.6: Medium and Place of Payment. The Regis- trar is hereby appointed as the Paying Agent for the Bonds. The principal of the Bonds shall be payable, without exchange or collection charges, in any coin or currency of the United States of America which, on the date of payment, is legal tender for the payment of debts due the United States of America, upon their presentation and surrender as they become due and payable, whether at maturity or by prior redemption, at the corporate trust office of the Registrar. The interest on each Bond shall be payable by check payable on the Interest Payment Date mailed by the Registrar on or before each Interest Payment Date to the Owner of record as of the Record Date, to the address of such Owner as shown on the Register. If the date for payment of the principal of or interest on any Bond is not a Business Day, then the date for such payment shall be the next succeeding Business Day. Section 2.7: Ownership: Unclaimed Principal and Interest. The City, the Registrar and any other person may treat the person in whose name any Bond is registered as the absolute owner of such Bond for the purpose of making and receiving payment of the principal thereof and for the further purpose of making and receiving payment of the interest thereon, and for all other purposes, whether or not such Bond is overdue, and neither the City nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments made to the person deemed to be the Owner of any Bond in accordance with this Section 2.7 shall be valid and -5- effectual and shall discharge the liability of the City and the Registrar upon such Bond to the extent of the sums paid. Amounts held by the Registrar which represent principal 11 of and interest on the Bonds remaining unclaimed by the owner after the expiration of three years from the date such amounts have become due and payable shall be reported and disposed of by the Registrar in accordance with the applicable provisions of Texas law including, to the extent applicable, Title 6 of the Texas Property Code, as amended. Section 2.8: Registration Transfer and Exchange. So long as any Bonds remain outstanding, the Registrar shall keep the Register at its corporate trust office and, subject to such reasonable regulations as it may prescribe, the Registrar shall provide for the registration and transfer of Bonds in accordance with the terms of this Ordinance. Each Bond shall be transferable only upon the presenta- tion and surrender thereof at the corporate trust office of the Registrar, duly endorsed for transfer, or accompanied by an assignment duly executed by the registered Owner or his authorized representative in form satisfactory to the Registrar. Upon due presentation of any Bond for transfer, the Registrar shall authenticate and deliver in exchange therefor, within 72 hours after such presentation, a new Bond or Bonds, registered in the name of the transferee or transferees, in authorized denominations and of the same maturity and aggregate principal amount and bearing interest at the same rate as the Bond or Bonds so presented. All Bonds shall be exchangeable upon presentation and surrender thereof at the corporate trust office of the Registrar for a Bond or Bonds of the same maturity and interest rate and in any authorized denomination, in an aggregate principal amount equal to the unpaid principal amount of the Bond or Bonds presented for exchange. The Registrar shall be and is hereby authorized to authenticate and deliver exchange Bonds in accordance with the provisions of this Section 2.8. Each Bond delivered in accordance with this Section 2.8 shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such Bond is delivered. The City or the Registrar may require the Owner of any Bond to pay a sum sufficient to cover any tax or other '! 7 -6- governmental charge that may be imposed in connection with the transfer or exchange of such Bond. Any fee or charge of the Registrar for such transfer or exchange shall be paid by the City. The City shall not be required (1) to issue, transfer or exchange any Bond during a period beginning at the opening of business 15 days before the date of the first mailing of a notice of redemption and ending at the close of business on the day of such mailing or (2) to transfer oe exchange any Bond selected for redemption, if such redemption is to occur within thirty calendar days. Section 2.9: Cancellation. All Bonds paid or redeemed in accordance with this Ordinance, and all Bonds in lieu of which exchange Bonds or replacement Bonds are authenticated and delivered in accordance herewith, shall be cancelled and destroyed upon the making of proper records regarding such payment or redemption. The Registrar shall furnish the City with appropriate certificates of destruction of such Bonds. Section 2,10: Replacement Bonds. Upon the presentation and surrender to the Registrar of a mutilated Bond, the Registrar shall authenticate and deliver in exchange therefor a replacement Bond of like maturity, interest rate and prin- cipal amount, bearing a number not contemporaneously out- standing. The City or the Registrar may require the Owner of such Bond to pay a sum sufficient to cover any tax or other governmental charge that may be imposed in connection there- with and any other expenses connected therewith, including the fees and expenses of the Registrar. If any Bond is lost, apparently destroyed, or wrongfully taken, the City, pursuant to the applicable laws of the State of Texas and in the absence of notice or knowledge that such Bond has been acquired by a bona fide purchaser, shall exe- cute and the Registrar shall authenticate and deliver a re- placement Bond of like maturity, interest rate and principal amount, bearing a number not contemporaneously outstanding, provided that the Owner thereof shall have: (a) furnished to the City and the Registrar satisfactory evidence of the ownership of and the circumstances of the loss, destruction or theft of such Bond; -7- (b) furnished such security or indemnity as may be required by the Registrar and the City to save them harmless; (c) paid all expenses and charges in connection therewith, including, but not limited to, printing costs, legal fees, fees of the Registrar and any tax or other governmental charge that may be imposed; and (d) met any other reasonable requirements of the City and the Registrar. If, after the delivery of such replacement Bond, a bona fide purchaser of the original Bond in lieu of which such replacement Bond was issued presents for payment such original Bond, the City and the Registrar shall be entitled to recover such replacement Bond from the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser, and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any loss, damage, cost or expense incurred by the City or the Registrar in connection therewith. If any such mutilated, lost, apparently destroyed or wrongfully taken Bond has become or is about to become due and payable, the City in its discretion may, instead of issuing a replacement Bond, authorize the Registrar to pay such Bond. Each replacement Bond delivered in accordance with this Section 2.10 shall be entitled to the benefits and security of this Ordinance to the same extent as the Bond or Bonds in lieu of which such replacement Bond is delivered. ARTICLE III OPTION OF PRIOR REDEMPTIO Section 3.1: Optional Redemption. The City reserves the right, at its option, to redeem prior to maturity the Bonds maturing on or after February 1, 1999, in whole or in part, on February 1, 1998, or on any Interest Payment Date thereafter at par plus accrued interest on the Bonds called for redemption to the date fixed for redemption. If less -8- than all of the Bonds are redeemed at any time, the Bonds to be redeemed shall be selected by the City. Section 3.2: Partial Redemption. Principal amounts may be redeemed only in integral multiples of $5,000. If a Bond subject to redemption is in a denomination larger than $5,000, a portion of such Bond may be redeemed, but only in integral multiples of $5,000. Upon surrender of any Bond for redemption in part, the Registrar, in accordance with Section 2.8 hereof, shall authenticate and deliver in exchange therefor a Bond or Bonds of like maturity and interest rate in an aggregate principal amount equal to the unredeemed portion of the Bond so surrendered. Section 3.3: Notice of Redemption. Notice of any redemption identifying the Bonds to be redeemed in whole or in part shall be given by the Registrar at least thirty days prior to the date fixed for redemption by sending written notice by first class mail to the Owner of each Bond to be redeemed in whole or in part at the address shown on the Register. Such notices shall state the redemption date, the amount of accrued interest payable on the redemption date, the place at which Bonds are to be surrendered for payment and, if less than all Bonds outstanding are to be redeemed, the numbers of the Bonds or portions thereof to be redeemed. Any notice given as provided in this Section 3.3 shall be conclusively presumed to have been duly given, whether or not the Owner receives such notice. By the date fixed for redemption, due provision shall be made with the Registrar for payment of the redemption price of the Bonds or portions thereof to be redeemed. When Bonds have been called for redemption in whole or in part and due provision has been made to redeem same as herein provided, the Bonds or portions thereof so redeemed shall no longer be regarded as out- standing except for the purpose of receiving payment solely from the funds so provided for redemption, and the rights of the Owners to collect interest which would otherwise accrue after the redemption date on any Bond or portion thereof called for redemption shall terminate on the date fixed for redemption. -9- ARTICLE IV FORM OF BONDS AND CERTIFICATES Section 4.1: Form of Bonds. The Bonds shall be in substantially the following form, with such additions, deletions and variations as may be necessary or desirable and not prohibited by this Ordinance: (Face of Bond) UNITED STATES OF AMERICA STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS NUMBER R- REGISTERED INTEREST RATE: REGISTERED OWNER: PRINCIPAL AMOUNT: CITY OF BAYTOWN, TEXAS PUBLIC IMPROVEMENT BOND SERIES 1988 MATURITY DATE: ISSUE DATE: June 1, 1988 DENOMINATION REGISTERED CUSIP: DOLLARS THE CITY OF BAYTOWN, TEXAS (the "City ") promises to pay to the registered owner identified above, or registered assigns, on the date specified above, upon presentation and surrender of this bond at the corporate trust office of MTrust Corp, National Association, Houston, Texas (the "Registrar "), the principal amount identified above, payable in any coin or currency of the United States of America which on the date of payment of such principal is legal tender for the payment of debts due the United States of America, and to pay interest thereon at the rate shown above, calculated on the basis of a 360 -day year of twelve 30 -day months, from the later of June 1, 1988, or the most recent interest payment -10- 1'"1 0, id date to which interest has been paid or duly provided for. Interest on this bond is payable by check payable on February 1, 1989 and semiannually thereafter on each August 1 and February 1, mailed to the registered owner as shown on the books of registration kept by the Registrar as of the 15th calendar day of the month next preceding each interest payment date. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL HAVE THE SAME FORCE AND EFFECT AS IF SET FORTH AT THIS PLACE. IN WITNESS WHEREOF, this bond has been signed with the manual or facsimile signature of the Mayor of the City and countersigned with the manual or facsimile signature of the City Clerk of the City, and the official seal of the City has been duly impressed, or placed in facsimile, on this bond. (AUTHENTICATION CERTIFICATE) (SEAL) CITY OF BAYTOWN, TEXAS Mayor City Clerk (Back Panel of Bond) THIS BOND is one of a duly authorized series of Bonds, aggregating $1,140,000 (the "Bonds "), issued for the purpose of constructing permanent street improvements for the City, pursuant to an ordinance adopted by the City Council on May 26, 1988 (the "Ordinance "). THE CITY RESERVES THE RIGHT, at its option, to redeem the Bonds maturing on or after February 1, 1999, prior to their scheduled maturities, in whole or in part, in integral multiples of $5,000, on February 1, 1998, or on any interest payment date thereafter at par plus accrued interest on the principal amounts called for redemption to the date fixed for redemption. Reference is made to the Ordinance for complete details concerning the manner of redeeming the Bonds. -11- NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior to the date fixed for redemption by first class mail, addressed to the registered owners of each Bond to be redeemed in whole or in part at the address shown on the books of registration kept by the Registrar. When Bonds or portions thereof have been called for redemption, and due provision has been made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds provided for redemption, and interest which would otherwise accrue on the amounts called for redemption shall terminate on the date fixed for redemption. THIS BOND IS TRANSFERABLE only upon presentation and surrender at the corporate trust office of the Registrar, duly endorsed for transfer or accompanied by an assignment duly executed by the registered owner or his authorized representative, subject to the terms and conditions of the Ordinance. THIS BOND IS EXCHANGEABLE at the corporate trust office of the Registrar for bonds in the principal amount of $5,000 or any integral multiple thereof, subject to the terms and conditions of the Ordinance. THE REGISTRAR SHALL NOT BE REQUIRED (1) to issue, transfer or exchange any Bond during a period beginning at the opening of business 15 calendar days before the date of the first mailing of a notice of redemption and ending at the close of business on the day of such mailing or (2) to transfer or exchange any Bond selected for redemption, if such redemption is to occur within thirty calendar days. THIS BOND SHALL NOT BE valid or obligatory for any pur- pose or be entitled to any benefit under the Ordinance unless this Bond is either (i) registered by the Comptroller of Public Accounts of the State of Texas by registration cer- tificate attached or affixed hereto or (ii) authenticated by the Registrar by due execution of the authentication certificate endorsed hereon. IT IS HEREBY CERTIFIED, RECITED AND COVENANTED that this Bond has been duly and validly issued and delivered; that all acts, conditions and things required or proper to be performed, to exist and to be done precedent to or in the issuance and delivery of this Bond have been performed, exist and have been done in accordance with law; and that annual -12- W ad valorem taxes, within the limits prescribed by law, sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City, and have been pledged irrevocably for such payment. Section 4.2: Registration of Bonds by State Comp- troller. Bonds No. R -1 through R -14 shall be registered by the Comptroller of Public Accounts of the State of Texas, as provided by law. The registration certificate of the Comp- troller of Public Accounts shall be attached or affixed to Bonds R -1 through R -14 and shall be in substantially the following form: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I HEREBY CERTIFY that this bond has been examined, cer- tified as to validity, and approved by the Attorney General of the State of Texas, and that this bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY SIGNATURE AND SEAL this xxxxxxxxxx Comptroller of Public Accounts of the State of Texas ( SEAL) Section 4.3: Form of Authentication Certificate. The following form of authentication certificate shall be printed on the face of each of the Bonds: AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been delivered pursuant to the Ordinance described in the text of this Bond, in exchange for or in replacement of a Bond, Bonds or a portion of a Bond or Bonds of a Series which was originally approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. -13- MTrust Corp, National Association Houston, Texas By Authorized Signature Date of Authentication: Section 4.4: Form of Assignment. The following form of assignment shall be printed on the back of each of the Bonds: ASSIGNMENT For value received, the undersigned hereby sells, assigns, and transfers unto (Please print or type name, address, and zip code of Transferree) (Please insert Social Security or Taxpayer Identification Number of Transferee) the within bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer said bond on the books kept for registration thereof, with full power of substitution in the premises. DATED: Signature Guaranteed: NOTICE: Signature must be guaranteed by a member firm of the New York Stock Exchange or a commercial bank or trust company. Registered Owner NOTICE: The signature above must correspond to the name of the registered owner as shown on the face of this bond in every particular, without any alteration, enlargement or change whatsoever. Section 4.5: Legal Opinion: CUSIP: Bond Insurance. The approving opinion of Vinson & Elkins, Houston, Texas, and CUSIP Numbers may be printed on the Bonds, but errors or omissions in the printing of such opinion or such numbers shall have no effect on the validity of the Bonds. If bond -14- M r" insurance is obtained by the purchaser, the Bonds may bear an appropriate legend as provided by the insurer. ARTICLE V SECURITY AND SOURCE OF PAYMENT FOR BONDS Section 5.1: Interest and Sinking Fund: Tax Levy. The proceeds from all taxes levied, assessed and collected for and on account of the Bonds authorized by this Ordinance shall be deposited, as collected, in a special fund to be designated "City of Baytown, Texas, Public Improvement Bonds, Series 1988, Interest and Sinking Fund ". While the Bonds or any part of the principal thereof or interest thereon remain outstanding and unpaid, there is hereby levied and there shall be annually levied, assessed and collected in due time, form and manner, and at the same time as other City taxes are levied, assessed and collected in each year, beginning with the current year, a continuing direct annual ad valorem tax, within the limits prescribed by law, upon all taxable property in the City sufficient to pay the current interest on the Bonds as the same becomes due, and to provide and maintain a sinking fund adequate to pay the principal of the Bonds as such principal matures but never less than two percent (2 %) of the original principal amount of the Bonds each year, full allowance being made for delinquencies and costs of collection, and such taxes when collected shall be applied to the payment of the interest on and principal of the Bonds and to no other purpose. In addition, interest accrued from the date of the Bonds until their delivery, and premium if any, is to be deposited in such fund. Section 5.2: Investment of Interest and Sinking Fund. Money in the Interest and Sinking Fund may, at the option of the City, be invested in time deposits or certificates of deposit secured in the manner required by law for public funds, or be invested in direct obligations of, or obliga- tions the principal of and interest on which are uncondition- ally guaranteed by, the United States of America, in obliga- tions of any agencies or instrumentalities of the United States of America or as otherwise permitted by state law; provided that all such deposits and investments shall be made in such manner (which may include repurchase agreements for f such investments) that money required to be expended from the Interest and Sinking Fund will be available at the proper -15- W time or times. All such investments shall be valued in terms of current market value no less frequently than the last business day of the City's Fiscal Year, except that any direct obligations of the United States of America - State and Local Government Series shall be continuously valued at their par value or principal face amount. Any obligation in which money is so invested shall be kept and held in an official depository of the City, except as hereinafter provided. For purposes of maximizing investment returns, money in such Interest and Sinking Fund may be invested, together with money in the Construction Fund or with other money of the City, in common investments of the kind described above, or in a common pool of such investments which shall be kept and held at an official depository of the City, which shall not be deemed to be or constitute a com- mingling of such money or Funds provided that safekeeping receipts or certificates of participation clearly evidencing the investment or investment pool in which such money is invested and the share thereof purchased with such money or owned by such Fund are held by or on behalf of each such Fund. If necessary, such investments shall be promptly sold to prevent any default. All interest and income derived from such deposits and investments of the Interest and Sinking Fund shall be credited to the Interest and Sinking Fund. So long as any Bonds remain outstanding, all unin- vested moneys on deposit in, or credited to, the Interest and Sinking Fund shall be secured by the pledge of security as provided by law for cities in the State of Texas. ARTICLE VI CONSTRUCTION FUND Section 6.1: Construction Fund. There is hereby created and established a special fund of the City, to be known as the "City of Baytown, Texas, Public Improvement Bonds, Series 1988, Construction Fund ", which shall be maintained as a separate account on the books of the City. Money on deposit in the Construction Fund shall be used only for the purposes set forth in Section 2.1 of this Ordinance, except that interest and income derived from deposit and investment of moneys in the Construction Fund may be utilized as provided below in Section 6.2 hereof. Section 6.2: Investment of Money in Construction Fund. ,. Money on deposit in the Construction Fund may, at the option -16- of the City, be invested as permitted by Texas law; provided that all such deposits and investments shall be made in such manner (which may include repurchase agreements for such investments) that the money required to be expended from the Construction Fund will be available at the proper time or times. All such investments shall be valued in terms of current market value no less frequently than the last business day of the City's Fiscal Year, except that any direct obligations of the United States of America -- State and Local Government Series shall be continuously valued at their par value or principal face amount. Any obligation in which money is so invested shall be kept and held in an official depository of the City, except as hereinafter pro- vided. For purposes of maximizing investment returns, money in the Construction Fund may be invested, together with money in the Interest and Sinking Fund or with other money of the City, in common investments of the kind described above, or in a common pool of such investments which shall be kept and held at an official depository of the City, which shall not be deemed to be or constitute a commingling of such money or Funds provided that safekeeping receipts or certificates of participation clearly evidencing the investment or in- vestment pool in which such money is invested and the share thereof purchased with such money or owned by the Construc- tion Fund are held by or on behalf of the Construction Fund. All interest and income derived from such deposits and investments shall remain in the Construction Fund, except that (a) to the extent required by law, such interest and income may be applied to make such payments to the United States of America as shall be required to assure that interest on the Bonds is excludable from gross income for federal income tax purposes, and (b) in the discretion of the City, such interest and income may be utilized to pay principal of and interest on the Bonds. ARTICLE VII PROVISIONS CONCERNING SALE AND DISPOSITION OF PROCEEDS OF BONDS oeuLion i.i: sale of Bonds. The sale of the Bonds to First Republicbank Dallas, NA (the "Purchaser ") at the price of par plus accrued interest thereon to date of delivery, plus a cash premium of $ -0- is hereby authorized, .approved, ratified and confirmed, subject to the unqualified approving opinion as to the -17- aw legality of the Bonds of the Attorney General of the State of Texas, and of Vinson & Elkins, Houston, Texas, bond counsel. It is hereby found and declared that the bid of said Pur- chaser is the best obtained by the City for the Bonds+ pursuant to and after taking public bids for the sale thereof. Section 7.2: ARRroval Registration and Delivery. After the Bonds to be initially issued shall have been executed, it shall be the duty of the Mayor of the City to deliver the Bonds to be initially issued and all pertinent records and proceedings to the Attorney General of Texas, for examination and approval by the Attorney General. After the Bonds to be initially issued shall have been approved by the Attorney General, they shall be delivered to the Comptroller of Public Accounts of the State of Texas for registration. Upon registration of the Bonds to be initially issued, the Comptroller of Public Accounts (or a deputy lawfully desig- nated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be attached or affixed to the Bonds to be initially issued, and the seal of said Comptroller shall be impressed, or placed in facsimile, thereon. Section 7.3: Tax Exemption. (a) General Tax Covenant. The City intends that the interest on the Bonds shall be excludable from gross income for purposes of federal income taxation pursuant to sections 103 and 141 through 150 of the Code, and applicable regulations. The City covenants and agrees not to take any action, or knowingly omit to take any action within its control, that if taken or omitted, respec- tively, would cause the interest on the Bonds to be includ- able in gross income, as defined in section 61 of the Code, of the holders thereof for purposes of federal income taxa- tion. In particular, the City covenants and agrees to comply with each requirement of this Section 7.3; provided, however, that the City shall not be required to comply with any particular requirement of this Section 7.3 if the City has received an opinion of nationally recognized bond counsel ( "Counsel's Opinion ") that such noncompliance will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the Bonds or if the City has received a Counsel's Opinion to the effect that compli- ance with some other requirement set forth in this Sec- tion 7.3 will satisfy the applicable requirements of the Code, in which case compliance with such other requirement -18- specified in such Counsel's Opinion shall constitute compli- ance with the corresponding requirement specified in this Section 7.3. (b) Use of Proceeds. The City covenants and agrees that its use of the Net Proceeds of the Bonds and the Refund- ed Bonds will at all times satisfy the following require- ments: (i) The City has limited and will limit the amount of original or investment proceeds of the Bonds to be used (other than use as a member of the general public) in the trade or business of any person other than a governmental unit to an amount aggregating no more than ten percent of the Net Proceeds of the Bonds ( "private -use proceeds "). For purposes of this Section, the term "person" in- cludes any individual, corporation, partnership, unincorporated association, or any other entity capable of carrying on a trade or business; and the term "trade or business" means, with respect to any natural person, any activity regularly carried on for profit and, with respect to persons other than natural persons, any activity other than an activity carried on by a governmental unit. Any use of proceeds of the Bonds and the Refunded Bonds in any manner contrary to the guidelines set forth in Revenue Procedures 82 -14, 1982 -1 C.B. 459, and 82 -15, 1982 -1 C.B. 460, including any revisions or amendments thereto, shall constitute the use of such proceeds in the trade or business of one who is not a governmental unit; (ii) The City will not permit more than five percent of the Net Proceeds of the Bonds to be used in the trade or business of any person other than a governmental unit if such use is unrelated to the governmental purpose of the Bonds. Further, the amount of private -use proceeds of the Bonds in excess of five percent of the Net Proceeds of the Bonds ( "excess private -use proceeds ") did not and will not exceed the proceeds of the Bonds expended for the governmental purpose of the Bonds to which such excess private -use proceeds relate; -19- Wi (iii) The City will not permit an amount of proceeds of the Bonds exceeding the lesser of (a) $5,000,000 or (b) five percent of the Net Proceeds of the Bonds to be used, directly or indirectly, to finance loans to persons other than governmental units. When used in this Section 7.3, the term Net Proceeds of the Bonds shall mean the proceeds from the sale of the Bonds, including investment earnings on such proceeds, less accrued interest. (c) No Federal Guaranty. The City covenants and agrees not to take any action, or knowingly omit to take any action within its control, that, if taken or omitted, respectively, would cause the Bonds to be "federally guaranteed" within the meaning of section 149(b) of the Code and applicable regula- tions thereunder, except as permitted by section 149(b)(3) of the Code and such regulations. (d) No- Arbitrage Covenant. The City shall certify, through an authorized officer, employee or agent, that based upon all facts and estimates known or reasonably expected to be in existence on the date the Bonds are delivered, the City will reasonably expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be "arbitrage bonds" within the meaning of section 148(a) of the Code and applicable regulations thereunder. Moreover, the City covenants and agrees that it will make such use of the proceeds of the Bonds including interest or other investment income derived from Bond proceeds, regulate investments of proceeds of the Bonds, and take such other and further action as may be required so that the Bonds will not be "arbitrage bonds" within the meaning of section 148(a) of the Code and applicable regulations thereunder. (e) Arbitrage R_ ebate. The City will take all necessary steps to comply with the requirement that certain amounts earned by the City on the investment of the "gross proceeds" of the Bonds (within the meaning of section 148(f)(6)(B) of the Code), be rebated to the federal government. Specifi- cally, the City will (i) maintain records regarding the investment of the gross proceeds of the Bonds as may be required to calculate the amount earned on the investment of the gross proceeds of the Bonds separately from records of , amounts on deposit in the funds and accounts of the City -20- allocable to other bond issues of the City or moneys which do not represent gross proceeds of any bonds of the City, (ii) calculate at such times as are required by applicable regu- lations, the amount earned from the investment of the gross proceeds of the Bonds which is required to be rebated to the federal government, and (iii) pay, not less often than every fifth anniversary date of the delivery of the Bonds, all amounts required to be rebated to the federal government. Further, the City will not indirectly pay any amount other- wise payable to the federal government pursuant to the foregoing requirements to any person other than the federal government by entering into any investment arrangement with respect to the gross proceeds of the Bonds that might result in a "prohibited payment" within the meaning of Temp. Treas. Reg. §1.103 -15AT. (f) Information Reporting. The City covenants and agrees to file or cause to be filed with the Secretary of the Treasury, not later than the 15th day of the second calendar month after the close of the calendar quarter in which the Bonds are issued, an information statement concerning the Bonds, all under and in accordance with section 149(e) of the Code and applicable regulations thereunder. Section 7.4: Qualified Tax - Exempt Obligations. The City hereby designates the Bonds as "qualified tax - exempt obligations" for purposes of section 265(b) of the Code. In connection therewith, the City represents (a) that the ag- gregate amount of tax - exempt obligations issued by the City during calendar year 1988, including the Bonds, which have been designated as "qualified tax - exempt obligations" under section 265(b) (3) of the Code does not exceed $10,000,000, and (b) that the reasonably anticipated amount of tax - exempt obligations which will be issued by the City during calendar year 1988, including the Bonds, will not exceed $10,000,000. For purposes of this section 7.4, the term "tax- exempt obligation" does not include "private activity bonds" within the meaning of section 141 of the Code, other than "qualified 501(c) (3) bonds" within the meaning of section 145 of the Code. In addition, for purposes of this section 7.4, the City includes all governmental units which are "subordinate entities" of the City, within the meaning of section 265(b) of the Code. Section 7.5: Books and Records. So long as any of the Bonds are outstanding the City covenants and agrees that it -21- will keep proper books of record and account in which full, true and correct entries will be made of all dealings, activities and transactions relating to the Bonds and the funds created pursuant to this Ordinance, and all books, documents and vouchers relating thereto shall at all reasonable times be made available for inspection upon request of any Owner. ARTICLE VIII MISCELLANEOUS Section 8.1: Official Statement. The City ratifies and confirms its prior approval of the form and content of the Official Statement prepared for initial offering and sale of the Bonds and hereby approves the form and content of any addenda, supplement, or amendment thereto. The use of such Official Statement in the reoffering of the Bonds by the Purchaser is hereby approved and authorized. The proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the Bonds. Section 8.2: Provisions Concerning Registrar. (a) The Registrar, by undertaking the performance of the duties of the Registrar and in consideration of the payment of fees and /or deposits of money pursuant to this Ordinance and a Paying Agent /Registrar Agreement, accepts and agrees to abide by the terms of this Ordinance and such Agreement. The City hereby approves the Paying Agent /Registrar Agreement. (b) The City reserves the right to replace the Regis- trar or its successor at any time on sixty days written notice. If the Registrar is replaced by the City, the new Registrar shall accept the previous Registrar's records and act in the same capacity as the previous Registrar. Any successor Registrar shall be either a national or state banking institution and a corporation organized and doing business under the laws of the United States of America or any State authorized under such laws to exercise trust powers and subject to supervision or examination by Federal or State authority. Section 8.3: Further Proceedings. The Mayor, and the City Clerk and other appropriate officials of the City are -22- N hereby authorized and directed to do any and all things necessary and /or convenient to carry out the terms and purposes of this Ordinance. Section 8.4: Severability. If any Section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such Section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. Section 8.5: Open Meeting. It is hereby officially found and determined that the meeting at which this Ordinance is adopted at the time and place held; the meeting at which this Ordinance was adopted was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Article 6252 -17, Vernon's Texas Civil Statutes Article, as amended; and that notice as given is hereby authorized, approved, adopted and ratified. Section 8.6: Effect of Ordinance. This Ordinance shall be in force and effect from and after its passage, and it is so ordered. Section 8.7: Repealer. All orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. PASSED AND APPROVED this 26th day of May, 1988. ATTEST: (SEAL) City Clerk CITY 7F BAYTOWN, TEXAS �ayy CITY OF BAYTOWN, TEXAS -23- CITY OF BAYTOWN BID TABULATION T17LE: FLAIL MOWERS BID NUMBER: 8803 -55 DATE: 5 -10 -88 1:00 P.M. Attachment IIB11 be w ;CISCO•TURF ;LANSDOWN MOODY ;OIL CITY TRACTORS ;CASE POWER ; ITEM; QTY ;UNIT ;DESCRIPTION ;UNIT PRICE :EXT. PRICE :UNIT PRICE :EXT. PRICE :UNIT PRICE :EX1. PRICE :UNIT PRICE:EXT. PRICE: 1. ; 2 ; EA. ;FLAIL MOWERS ; 11100.00; 4,200.00; 1,088.00: 41176.00; 2,160.00: 4,360.00;NO BID 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 DELIVERY:;30 DAYS ARO ;20 DAYS ARO ;60 DAYS ARO 1 1 1 1 1 1 1 1 1 1 1 1 I MODEL: :DANOL IS -74 ;MOTT 74" ; :MOTT 74• 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 I 1 1 1 1 1 I I 1 1 I 1 1 1 1 I 1 1 1 1 1 1 1 I ;BIDS SENT TO 7 VENDORS. 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 I 1 1 1 f 1 1 1 1 1 1 ,• 1 1 1 1 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 f 1 1 1 1 I 1 I 1 1 1 I 1 1 1 1 1 1 1 I I I 1 1 1 1 1 1 1 1 I 1 1 I 1 1 1 1 I 1 1 1 1 I I I 1 I 1 1 1 1 1 1 1 1 1 1 I 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 I I I 1 1 I 1 1 1 I I 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I ( 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 I 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 I 1 1 1 1 1 1 I 1 1 1 I 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 I 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I 1 1 1 1 I 1 1 1 I 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1�1 1 1 1 1 1 1 I I 1 I I 1 I I 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 I I 1 w ' CITY OF BAYTOWN BID TABULATION PAGE 2 TITLE: FLAIL ROWERS (111" `1 NUMBER: 8803 -55 DATE: 5 -10-88 2:00 P.R. ; ; ;TRINITY VALLEY ;ITEM; OTT ;UNIT ;DESCRIPTION ;UNIT PRICE'EXT. PRICE;UNIT PRICEIEXT. PRICE:UNIT PRICE;EXT. PRICE;UNIT PRICE;EXT. PRICE; 1. ; 1 ; EA. ;FLAIL ROWERS ;NO BID 1 1 1 1 1 I 1 1 1 1 1 1 1 DELIVERY:; 1 1 I 1 1 1 1 1 I 1 1 1 1 1 I 1 I 1 1 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 I 1 1 I 1 I 1 1 1 1 I 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 I 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 I ; ; ; ; ; 1 1 1 1• 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 I 1 I I I 1 1 1 I I 1 1 1 1 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 t 1 1 1 1 I 1 1 1 1 1 1 1 1 1 I 1 1 1 I CITY OF BAYTOWN BID TABULATION TITLE: ANNUAL REPAIR CLAMP DID NUMBER: 8803 -54 DATE: 5 -10 -88 2:00 P.M. Attachment "C" :ADAPTER SUPPLY GOLDEN TRIANGLE :AQUA UTILITY :MUNICIPAL PIPE ;ITEM; QTY :UNIT ;DESCRIPTION :_: : : ;UNIT PRICE:EXT. PRICE:UNIT PRICE:EXT. PRICE:UNIT PRIM EXT. PRICE:UNIT PRIME 7. PRICE; : I.: l01 ; ;DRESSER COUPLING, READY ; :' 8,019.04: 1 8,507.17; 1 8,712.641 ; 8,534.69; : :CLAMP, II TAPPING SADDLE 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2. 1 LOT :COLLAR LEAK, FULL CIRCLE -: :013,130.17: 14,845.01; 1 14408.79; ; 14,910.99: : :SINGLEBAND : ; ; ; ; ; ; 3. 1 LOT ; :FULL CIRCLE- DOUBLEBAND ;1191048.84; ; 19,004.68: 1418,343.90; ; 19,083.93; 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 TOTAL:; ; 40,198.05: ; 42,356.86; ; 41,365.33; ; 42,529.61; : NAKE:;BAKER ; :ROCKWELL :BAKER ;ROCKWELL 1 1 1 1 1 1 , 1 I 1 1 1 1 1 1 1 1 DELIVERY:;2 WEEKS ARO :7 -10 DAYS ARO 11 -10 DAYS ARO :7 -10 DAYS ARO ; ' SPECIAL CONDITIONS W DID NOT BID All : : :1010 NOT PROVIDE : ; !TENS. : : ; SAMPLE TO SEE If IT ; MEETS SPECS. ' 18105 SENT TO 8 VENDORS. 1 1 I 1 1 1 1 I 1 1 I 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 1 1 I 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 1 1 I 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 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 I I 1 I I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 ( 1 1 1 1 1 1 I 1 I 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 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 I 1 1�1 1 t CITY OF BAYTOVN 610 TABULATION PAGE 2 TITLE: ANNUAL REPAIR CLANP 810 NUMBER: 8803 -54 ('E: 5 -10 -88 2:00 P.N. ;UTILITY SUPPLY 'ROHAN CONPANY ; 117EN: QTY ;UNIT ;DESCRIPTION ; ;UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICElUNIT PRICEIEXT. PRICEIUNIT PRICE;EXT. PRICE; 1. ; LOT ;DRESSER COUPLING, READY 8,656.65; ; 8,807.90; ;CLANP, I TAPPING SADDLE 2. ; LOT ;COLLAR LEAK, FULL CIRCLE -; 15,153.41; ; 15,305.80; I ; 1SINGLEBAND 3. ;LOT ;FULL CIRCLE- OOUBlE8AM0 19,627.80; TOTAL:; 1 43,277.49; ; 43,741.50; 1 NAKE:;ROCKYELL DELIYERY:;2 -7 DAYS ARO ;STOCK TO 3 PEEKS ARO SPECIAL CONDITIONS:; CITY OF BAYTOWN BID TABULATION TITLE: RENTAL OF PASSENGER VANS BID NUMBER: 8805 -65 DATE: 5 -24-88 2:00 P.N. Attachment "D11 la I I I I IKELEASE, INC. ; ; ; ; ;ITEM: OTY :UNIT :DESCRIPTION = I I I I_I I 1 :UNIT PRICEIEXT. PRICE :UNIT PRICEIEXT. PRICE:UNIT PRICE:EXT. PRICE:UNIT PRICE :EXT. PRICE; : I. I 2 IKONTH :RENTAL OF 3 PASSENGER YAM: 150.0011 2,250.001 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 I NI LE I CHARGE FOR MILEAGE !NO CHARGE 1 1 1 1 1 1 1 1 1 I 1 I 1 1 1 1 1 1 1 1 1 1 I 1 I 1 1 1 1 1 I I I 1 I 1 1 1 1 1 1 1 1 I I I I I 1 I 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 : : :BIDS SENT TO 4 VENDORS. 1 1 1 1 1 1 1 1 1 I 1 1 I 1 1 1 1 I 1 1 1 1 I 1 1 I 1 1 1 1 I 1 I 1 1 I 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 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 1 I 1 I 1 1 1 1 1 1 I I 1 1 1 1 I 1 1 I 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 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 I 1 1 1 I I I 1 1 1 I 1 1 1 1 1 1 I 1 1 1 1 1 I 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 I 1 1 1 I 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 I 1 1 1 1 1 1 1 1 1 I 1 1 1 I 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 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 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 I I 1 I 1 1 I 1 1 I I 1 1 1 1 ( 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 I 1 1 1 I 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I 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 I I 1 I I 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 1 1 1 1 I 1 I 1 I 1 1 1 1 1 1 1 1 1 1 I 1 1 I 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 t 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 t 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 1 1 1 1 1 1 1 I 1 1 1 I 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 ( 1 1 I 1 W ig Attachment "E" BID RESULTS 1987 COMKUNITY DEVELOPMENT: Water, Street, and Drainage Improvements to Elm Street and Miriam Street Job No. 8711 -04 may 19, 1986 Angel Brotbers Enterprises, Inc. 219,805.00 - #2 Allgood Construction Company, Inc. 281,124.50 Buffalo Excavating and Paving Baytovn Construction Company, Inc. Conrad Construction Company, Inc. !loon Construction Company, Inc. 217,486.00 - ail 239,569.00 225,618.25 - #3 Pas -Rey Construction Services, Inc. 254,579.45 H. B. Hamilton Construction, Inc. Attachment "A" MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN June 9, 1988 The City Council of the City of Baytown, Texas, met in regular session on Thursday, June 9, 1988, 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 Rolland J. Pruett Emmett 0. Hutto Fritz Lanham Bobby Rountree Randy Strong Eileen P. Hall Absent: Roy Fuller Councilman Councilman Councilman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk Councilman The meeting was tailed to order with a quorum present. Councilman Pruett offered the invocation, after which the follow- ing business was conducted: Consider Minutes For The Regular Meeting Held on May 26, 1968 Councilman Johnson moved for approval of the minutes for the regular meeting field on May 26, 1988. Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Johnson, Embry, and Pruett Mayor Hutto Nays: None Abstained: Council members Philips and Simmons Citizen's Communications: none CITY Of BAYTOVN BID TABULATION TITLE: ANNUAL METER BOX CONTRACT BID NUMBER: 8805 -66 DATE: 6 -14 -88 2:00 P.M. Attachment "B" I ! !GOLDEN TRIANGLE ;UTILITY SUPPLY !AQUA UTIIITY !MUNICIPAL PIPE !ITEM; QTY !UNIT !DESCRIPTION ! ! I ! ; !UNIT PRICE!EXT. PRICE:6NIT PRICElEXT. PRICE!UNIT PRICEIEXT. PRICElUMIT PRICE101 . PRICE; ! 1. ; LOT ! !CONCRETE- COMPLETE ! ! 1,805.20! ! 11838.55! ! 11935.35! ! 11895.50! ! ! ! ! COVERS AND LIDS ! ! ! ! ! ! ! ! ! ! 1 1 1 1 1 1 1 1 1 1 1 1 2. ! LOT ! !PLASTIC- CONPLETE ! ! 51686.15! ! 6,091.03; 1 6,114.50! ! 6,117.55! ' COVERS AND LIDS ! ! ! GRAND TOTAL:; 1 7.191.35! ! 1,929.581 ! 81049.65! 1 8,013.05! 1 1 1 1 I 1 1 I 1 I I , 1 1 , 1 I I 1 1 ! ! ! ! DELIVERW ID DAYS ARO !S DAYS ARO! 12 -3 DAYS ARO 114 DAYS ARO ! ' SUPPLY POINT:IHOUSTON ! ,HOUSTON ! !HOUSTON 1 !MISSOURI CITY ! 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 I 1 1 1 1 1 1 1 I 1 I I 1 1 1 1 I 1 1 1 1 1 1 1 I 1 1 1 1 1 I 1 I 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 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 1 1 1 1 1 1 1 1 1 1 1 t t 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 't CITY OF BAYTOYN BID TABULATION PAGE 2 TITLE: ANNUAL METER BOX CONTRACT 810 NUMBER: 6805 -66 (PNE: 6 -14 -88 2:00 P.M. ! ! ! !ROHAN COMPANY ;ITEM! QTY !UNIT !DESCRIPTION 'UNIT PRICElEXT. PRICElUKIT PRICEIEXT. PRICEIUNIT PRICE!EXT. PRICElUNIT PRICEIEXT. PRICE! ! I. ! l0T ! !CONCRETE - COMPLETE ! ! 21069.50! ! ! ! ! ! ! ! ! COVERS AND LIDS ! ! ! ! ! ! ! ! 2. ! LOT ! !PLASTIC- COMPLETE ! ! 61881.00! ! ! ! ! ! ! ' ! COVERS AND LIDS ! ! ! ! ! ! ! ! ! GRAND TOTAL:! 8.950.50! ! ! ! ! DELIVERY:!] DAYS ARO! ! ! ! ! ! ! ! SUPPLY POINT:!HOUSTON ! ! ! ! ! ! ! ! ! CITY OF BAYTOVN BID TABULATION TITLE: ANNUAL FIRE HYDRANTS 610 NUMBER: 880548 DATE: 6 -14 -88 2:00 P.M. Attachment "C" ! ! ! !GOLDEN TRIANGLE !UTILITY SUPPLY ;AQUA UTILITY ;ROMAN COMPANY ! 11TEM! QTY !UNIT !DESCRIPTION ! ! ! !UNIT PRICE!EXT. PRICE :UNIT PRICEIEXT. PRICE :UNIT PRICEIEXT. PRICEWNIT PRICE;EX7. PRICE; ! I. !LOT !LOT !FIRE HYDRANTS ! ; 96,066.36; ; 6.562.06 ! 6,868.35; 6,908.41; ! ! ! DELIYERW IO DAYS ARO !2 VKS. ARO! !II DAYS ARO 110 -II DAYS ARO ! ! ! ! SUPPLY POINT: :BEAUMONT, TX !HOUSTON ! !HOUSTON ! !HOUSTON ! ! SPECIAL CONDITIONS:! *ODES NOT MEET SPECS.! ! ! ! ! ! ! ! ! ! ! ! BARRELL DIAMETER IS ! ! ! ! 6 -118, SPRING ON ! ! ! ! ! ! ! ! ! ! ! MAIN VALVE PLATE, ! ! ! ! ! ! ! ! ! ! ! ! UPPER VALVE PLATE IS! ! ! ! t . , , CAST M CITY Of BAYTOWN BID TABULATION PAGE 2 T17LE: ANNUAL FIRE HYDRANTS HID NUMBER: 8805 -68 6 -II -88 2:00 P.N. ! ! ! ! MUNICIPAL PIPE ! ! ;ITEM; QTY !UNIT !DESCRIPTION 1 !UNIT PRICE:EXT. PRICE :UNIT PRICEIEXT. PRICE:UNIT PRICE'EXT. PRICE :UNIT PRICE :EXT. PRICER ! 1. 1 LOT ! LOT !FIRE HYDRANTS ! ! 6,771.901 ! ! ! ! ! ! ! ! DELIYERY:!28 -49 DAYS ARO ! ! ! 1 ! ! ! ! ! ! SUPPLY POINT:IHOUSTON ! ! ! ! ! ! ! 1 ! ! ! ! SPECIAL CONDITIONS:! ! ! ! ! Z 1 1 I ! ! ! ! ! ! ! ! ! 1 ! 1 ! 1 ! ! , , C ) T L E: Commun i t v Deve loament p; Pkg 1187 -03F 1TE� June 14, 1988 CITY OF BAYTOWN 81D TABULATION. 1187 -08 1187 -09F t /87 -10 EM OTY UNIT DESCRIPTION • r o uwi r w txTCwoto u�� t =icaoco J. Allen Contractors X2,520.0 2,800.00. X2,610.00 Tiernan House Movin nc 2 990.00 2 050.00 R.L. Nelson Foundation Repair Construction $1,895.00 GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS ' DELIVERY '" I T L E : Community Development _ I�p; PkR ff87 -03 )ATE June 14, 1988 CITY OF BAYTOWN 81 D TABULAT 1 Q N. fi87 -07 1187 -09 TEM OTY UNIT DESCRIPTION EttrENtxo UNIT ExYtttoEO uw tEtw[o utt C1�tEtt0E0 Estrada Professional Sery ces $11,415.0 11,565.0 Nolasco's Carp( 10,304.0 11,263.0 Uranus Palton $11,500.0 J. Allen Contractors $20,729.0(1 22,512.0 GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS DELIVERY _ _. __ _ __— __.._ m r- m a. n V OD 0 r• I N V M r �O OD to OD M• DD Cl) V Co Co n CD � Q 1 N . OD V z 1 rJ V 1 C` ID J I Attachment "E" 7 m 0 C 2 • W N O W W P* 1•r iM Vi :J Z M n i a W 0 n In M M �' N a O — A C p n w O r� Ci z 0 ' � � n a r w A A fD + r r r r r r Ir ►r r r O I,rt K O O O O r VI 0 Ii• r r r r r r r r r r r r w V ao W r V w 0 r r r r r r r r r N A . O 0 VI 10 V O O n m r- m a. n V OD 0 r• I N V M r �O OD to OD M• DD Cl) V Co Co n CD � Q 1 N . OD V z 1 rJ V 1 C` ID J I Attachment "E" 7