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1989 01 12 CC MinutesLW MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 12, 1989 The City Council of the City of Baytown, Texas, met in regular session on Thursday, January 12, 1989 at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Fred T. Philips Jimmy Johnson Perry Simmons Ron Embry Roy Fuller Rolland J. Pruett Emmett O. Hutto Fritz Lanham Randy Strong Bobby Rountree Eileen P. Hall Councilman Councilman Councilman Councilman Councilman Councilman Mayor City Manager City Attorney Assistant City Manager City Clerk The meeting was called to order with a quorum present. Councilman Fuller offered the invocation, after which the follow- ing business was conducted: Consider Minutes for the Regular Meeting Held December S. 1988 Councilman Embry moved for approval of the minutes for the regular meeting held on December 8, 1988. Councilman Philips seconded the motion. The vote follows: Ayes: Council members Philips, Embry, Fuller and Pruett Mayor Hutto Nays: None Abstained: Council members Johnson and Simmons 894112 -2 Minutes of the Regular Meeting - Jan. 12, 1989 Consider Minutes for the Special Meeting Held on December 12, 1988 Councilman Philips moved for approval of the minutes for the special meeting held on December 12, 1988. Councilman Pruett seconded the motion. The vote follows: Ayes: Councilman members Philips, Simmons, Pruett and Fuller Mayor Hutto Nays: None Abstained: Council members Johnson and Embry Consider Minutes for the Special Meeting Held on December 22, 1988 Councilman Johnson moved for approval of the minutes for the special meeting held on December 22, 1988. Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons and Fuller Mayor Hutto Nays: None Abstained: Council members Philips, Embry and Pruett Discuss Exchange of Park Street Right of Way for Exxon Property The Administration has been approached by the Economic Development Foundation and Exxon concerning the exchange of Exxon owned property for property on which Park Street is located. This subject has been discussed informally over the years. One of the goals of the Economic Development Foundation is to provide an industrial site with direct access to industrial utilities and petro- chemical feedstock for manufacturing. Exxon is aware of this and has joined with the foundation in pursuing this goal. They have offered a 53 -acre tract of land adjacent to the chemical plant in exchange for Park Street and its right of way. W 890112 -3 Minutes of the Regular Meeting - Jan. 12, 1989 W The public safety issues that would be solved are important factors. Industry is more cognizant of the need to protect the public today than it was many years ago when this narrow street was constructed. The elimination of this street would not only significantly reduce the possibility of an incident, but it would also eliminate the expenditure of public funds for street and drainage maintenance. There are several reasons this proposal merits considera- tion: 1. The potential for accidents and injuries due to the narrow pavement and right of way would be reduced. 2. The potential public exposure to possible chemical spills or releases and fires would be reduced. 3. The widening and upgrading of Baker Road to four lanes will make it a more reliable route for general trans- portation as well as evacuation in the event of a hurricane. 4. Traffic counts indicate that over 60% of the vehicles entering or exiting Park Street are industry related. 5. Obtaining property to be developed as an industrial area has potential to: attract new businesses and jobs to the community; broaden the tax base; generally improve economic status of the community; and increase sales tax revenues for the city. 6. Exxon would be responsible for the street and drainage maintenance. Park Street floods in the vicinity of Stauffer Chemical, after only moderate rains. Council expressed an interest in such an exchange and asked the administration to place an item for action on the next agenda. Three people had registered to speak to this item, but indicated they would speak on the matter at the next meeting. 890112 -4 Minutes of the Regular Meeting - Jan. 12, 1989 Receive Report on Sewer Rate Study '' A study of sanitary sewer rates included a survey of the rate structure of other Texas cities, signed with the Environmental Protect some other rate structures. The survey other Texas cities revealed a wide Many cities have no cap on their sewer charge for sewer service based on the no cut-off point. a review of the agreement ion Agency and examples of of the rate structures of range of rate structures. charge. They continue to amount of water used with Of the cities with a fixed cap, Baytown has the lowest cap of 10,000 gallons, and Dallas the highest cap of 40,000 gallons. Two cities have variable caps which are based on the individual customer's consumption during non - irrigation months. Each customers cap is based on average monthly water consumption for a three -month period. The three -month period is the same for all customers. The report included the water and sewer rate structures of Baytown, along with 11 other Texas cities and examples of their bills at various consumption levels. Mr. Lanham reviewed some of the statistics with council. He mentioned that the information included in the report for Baytown is based on one month. Therefore, council requested that the administration gather information for the months January, February, and March and present an updated report to council in April. Consider Plans and Specifications for Water and Sewer Line Exten- sions to Whataburger on the North Side of IH -10 and Authorize Advertisement for Bids Whataburger, Inc. is planning to build a new restaurant on the northeast corner of Interstate 10 at Garth Road. They have requested water and sewer service from the City of Baytown. Plans are to extend utility lines from Garth Road approximately 500 feet east to the proposed site. The City of Baytown, with approval of council, will advertise for bids and oversee construction of the project in order that Whataburger will be eligible for reimbursement as other development connects to the new line. N 890112 -5 Minutes of the Regular Meeting - Jan. 12, 1989 The City of Baytown Engineering Department has determined that a 6 -inch water line and a 6 -inch sewer line are the minimum requirements to serve Whataburger's facility. However, Norman Dykes, City Engineer /Director of Public Works, recommended that the City of Baytown oversize these lines to a 12 -inch water line and a 10 -inch sewer line to allow for future development. Over - sizing of the lines will cost the City of Baytown about $7,000. Included in Whataburger's request was notification that the company would be requesting annexation. The parcel of property in question is presently located in a municipal utility district. This district has been dormant for several years. The Texas Water Commission advises that there is the possibility that the district could be disbanded. Therefore, the administration suggested that council approve the plans and specifications and authorize the administration to advertise for bids and request that Whataburger work with the administration to have the utility district disbanded. Councilman Simmons moved to approve the plans and specifica- tions for water and sewer line extensions to Whataburger on the north side of Interstate 10 and to authorize the administration to advertise for bids. Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons Embry, Fuller and Pruett Mayor Hutto Nays: None Representatives of Whataburger were present and stated that the company would work with the administration on the disbandment of the utility district. Consider Proposed Ordinance, Authorizing Payment of $6,016.60 to Texas Municipal League for Participation in General Telephone Rate Case The General Telephone rate case was filed in 1984. Since the case has continued for a long period of time, resulting in the attorneys and experts working for the cities requiring payment, the Steering Committee for the cities has determined 890112 -6 Minutes of the Regular Meeting - Jan. 12, 1989 that each participating city should contribute an assessment of 10 cents per capita, based upon the population shown in the most recent TML Directory in order to pay some of the expenses incurred. The administration recommend approval. In response to an inquiry from council, Randy Strong, City Attorney, explained if the case continues over a long period of time, the City of Baytown may be asked to contribute towards the expenses of counsel again. However, when the case is settled General Telephone Company will be required to pay all the expenses incurred. Councilman Philips moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons Embry, Fuller and Pruett Mayor Hutto Nays: None Ordinance No. 5170 AN ORDINANCE AUTHORIZING THE PAYMENT OF SIX THOUSAND SIXTEEN AND 60/100 ($6,016.60) DOLLARS TO THE TEXAS MUNICIPAL LEAGUE FOR THE CITY'S SHARE OF THE EXPENSES IN THE GENERAL TELEPHONE COMPANY RATE CASE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance, Awarding Annual Plastic Garbage Bag Contract The administration recommended that council award the bid to the low bidder, Arrow Industries, for the amount of $140,000. This price is a 14% increase over last year's price. The cost to the city (including sales tax) is $5.04 per 50 bag roll. The administration recommended award of the contract to the low bidder and to increase the cost of garbage bags from $4.50 to $5.00. Councilman Pruett moved for adoption of the ordinance. ( 1, Councilman Fuller seconded the motion. The vote follows: Minutes of the Regular Meeting - Jan. 12, 1989 Ayes: Council members Philips, Johnson, Simmons Embry, Fuller and Pruett Mayor Hutto Nays: None Ordinance No. 5171 890112 -7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF ARROW INDUSTRIES, INC. FOR THE ANNUAL PLASTIC GARBAGE BAGS CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ONE HUNDRED FORTY THOUSAND AND NO /100 ($140,000.00) DOLLARS. For bid tabulations see Attachment "A." Consider Increasing Price of Plastic Garbage Bags Councilman Philips moved to set the cost for garbage bags at $5.00 with a $1.00 rebate on every other water bill at the time the present supply is exhausted. Councilman Pruett seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons Embry, Fuller and Pruett Mayor Hutto Nays: None Consider Proposed Ordinance, Establishing a 10' Electrical Utility Easement on the North Property Line of the Republic of Texas Plaza at 5117 North Main The proposed easement will serve future development on the park site, as well as the Wooster School Building and the Brown - McKay Home. The cost of this underground service is $1,069. Funds are available in the Sesquicentennial Donations Account. The administration recommended approval of the ordinance. Councilman Embry moved for adoption of the ordinance; Councilman Fuller seconded the motion. The vote follows: 890112 -8 Minutes of the Regular Meeting - Jan. 12, 1989 Ayes: Council members Philips, Johnson, Simmons Embry, Fuller and Pruett Mayor Hutto Nays: None Ordinance No. 5172 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN EASEMENT ACROSS THE REPUBLIC OF TEXAS PLAZA TO HOUSTON LIGHTING AND POWER COMPANY; AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. Consent Agenda The administration requested removal of Item "n." Council considered the Consent Agenda as follows: a. Chapter 801, Section 1,1987 Texas Session Law Service 5594 (Vernon) requires that the name of the city and title of the department be printed on each side of a city vehicle. Your approval of this item exempts unmarked vehicles utilized by the Police and Fire Departments. Vehicles include detective, narcotic and arson vehicles. We recommend approval. b. Proposed Ordinance No. 90112 -4, authorizes the contin- uance of the contract and agreement with Red Top and Safeway Cab Companies for senior citizen's taxicab service. This program is funded with Community Development funds. We recommend approval. 890112 -9 Minutes of the Regular Meeting - Jan. 12, 1989 c. Proposed Ordinance No. 90112 -5, awards the annual cement stabilized sand contract to Stabilized Products, Inc. in the amount of $91,925. Invitations to bid were mailed to five vendors and we received four bids. We recommend approval. d. Proposed Ordinance No. 90112 -6, awards the annual smoke bomb contract to Naylor Supply in the amount of $2,280. Invitations to bid were mailed to five vendors and we received two bids and one no bid. We recommend approval. e. Proposed Ordinance No. 90112 -7, awards the bid for repair of a patrol vehicle to Adulfo's Paint & body Shop in the amount of $3,854.78. This 1988 Dodge was involved in a traffic accident. Invitations to bid were mailed to five vendors and we received four bids. We recommend approval. f. Proposed Ordinance No. 90112 -8, awards the bid for repair of a garbage truck to Doc Brewer's Auto Center in the amount of $3,928.76. This is a 1984 Inter- national truck. Invitations to bid were sent to five vendors and we received one bid and one no bid. We recommend approval. g. Proposed Ordinance No. 90112 -9, awards the bid for the sale of property to Bay Area Rehabilitation Center in the amount of $1,000. We recommend approval. 890112 -10 Minutes of the Regular Meeting - Jan. 12, 1989 h. Proposed Ordinance No. 90112 -10, awards the bid for the annual ready mix concrete contract to Excell Materials, Inc. in the amount of $21,500. Invitations to bid were sent to three vendors and we received two bids. We recommend approval. i. Proposed Ordinance 90112 -11, authorizes the refund of 1987 taxes to Western Auto at 4800 Garth Road in the amount of $2,246.44. We recommend approval. j. Proposed Ordinance No. 90112 -12, authorizes the refund of 1987 taxes to EZY Stop at 2 East Fayle in the amount of $592.67. We recommend approval. k. Proposed Ordinance No. 90112 -13, authorizes payment in the amount of $6,846.50 to Oaks, Hartline and Honey for costs of printing of Brief of Appeals in City of Bay- town vs Tony Campos appeal. We recommend approval. 1. Proposed Ordinance No. 90112 -14, authorizes payment to Dictaphone, Inc. for the annual maintenance agreement for the recording equipment at the Police Department in the amount of $2,173. We recommend approval. 890112 -11 Minutes of the Regular Meeting - Jan. 12, 1989 M. The Public Works Department has discovered two sanitary sewer lines that are in immediate need of sliplining. Both lines have collapsed causing sewage to collect in upstream manholes. One line is under Felton Street from the easement between James and Murrill extending to the easement between Murrill and Sterling. The other line is at Ward Road beginning approximately 200 feet west of Fifth Street to Beaumont Street. The approximate length is 1230 feet. Both lines are either line. line is $9.00 $14,220. We the existing Rehabilitation. 8" in diameter and there are no taps on The unit cost for sliplining this size per foot which gives a total cost of recommend this change order be added to sliplining contract with Sugarland We recommend approval. o. Proposed Resolution No. 1037, authorizes the transfer of $86,119 from Council Contingency to various accounts for fiscal year 1987 -1988. The accounts and amounts are attached to the ordinance in your packet. We recommend approval. Councilman Philips moved for adoption of the Consent Agenda; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons Embry, Fuller and Pruett Mayor Hutto Nays: None N B90112-12 Minutes of the Regular Meeting - Jan. 12, 1989 Ordinance No. 5173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, 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 THEREOF. (Proposed Ordinance No. 890112 -4) Ordinance No. 5174 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF STABILIZED PRODUCTS, INC. FOR THE ANNUAL CEMENT STABILIZED SAND CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF NINETY -ONE THOUSAND NINE HUNDRED TWENTY -FIVE AND NO /100 ($91,925.00) DOLLARS. (Proposed Ordinance No. 690112 -5) Ordinance No. 5175 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, ACCEPT- ING THE BID OF NAYLOR SUPPLY FOR THE ANNUAL SMOKE BOMB CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND TWO HUNDRED EIGHTY AND NO /100 ($2,280.00) DOLLARS. (Proposed Ordinance No. 890112 -6) Ordinance No. 5176 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, ACCEPT- ING THE BID OF ADULFO'S PAINT AND BODY SHOP FOR THE BODY REPAIR AND REPLACEMENT OF A PATROL CAR AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND EIGHT HUNDRED FIFTY -FOUR AND 78/100 ($3,854.78) DOLLARS. (Proposed Ordinance No. 890112 -7) 890112 -13 Ordinance No. 5178 AN ORDINANCE AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AND TO ATTEST TO A DEED TRANSFERRING PROPERTY TO PRICE STREET IN CONSIDERATION OF THE RECEIPT OF THE SALES PRICE OF ONE THOUSAND AND NO /100 ($1,000.00) DOLLARS. (Proposed Ordinance No. 890112 -9) Ordinance No. 5179 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, ACCEPT- ING THE BID OF EXCELL MATERIALS, INC. FOR THE ANNUAL READY MIX CONCRETE - DELIVERED CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWENTY -ONE THOUSAND FIVE HUNDRED AND NO /100 ($21,500.00) DOLLARS. (Proposed Ordinance No. 890112 -10) Ordinance No. 5180 AN ORDINANCE DETERMINING THAT THE PAYMENT OF TAXES BY WESTERN AUTO SUPPLY #6 ON ACCOUNT NUMBER 9905 -018 -005 -2 FOR THE TAX YEAR 1987 WAS EXCESSIVE; APPROVING A REFUND OF THE OVERPAYMENT OF TWO THOUSAND TWO HUNDRED FORTY -SIX AND 44/100 ($2,246.44) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 890112 -11) Minutes of the Regular Meeting - Jan. 12, 1989 Ordinance No. 5177 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, ACCEPT - ING THE BID OF DOC BREWER'S AUTO CENTER FOR THE BODY REPAIR AND REPLACEMENT OF A GARBAGE TRUCK AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND NINE HUNDRED TWENTY - EIGHT AND 76/100 ($3,928.76) DOLLARS. (Proposed Ordinance No. 890112 -8) Ordinance No. 5178 AN ORDINANCE AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AND TO ATTEST TO A DEED TRANSFERRING PROPERTY TO PRICE STREET IN CONSIDERATION OF THE RECEIPT OF THE SALES PRICE OF ONE THOUSAND AND NO /100 ($1,000.00) DOLLARS. (Proposed Ordinance No. 890112 -9) Ordinance No. 5179 AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, ACCEPT- ING THE BID OF EXCELL MATERIALS, INC. FOR THE ANNUAL READY MIX CONCRETE - DELIVERED CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWENTY -ONE THOUSAND FIVE HUNDRED AND NO /100 ($21,500.00) DOLLARS. (Proposed Ordinance No. 890112 -10) Ordinance No. 5180 AN ORDINANCE DETERMINING THAT THE PAYMENT OF TAXES BY WESTERN AUTO SUPPLY #6 ON ACCOUNT NUMBER 9905 -018 -005 -2 FOR THE TAX YEAR 1987 WAS EXCESSIVE; APPROVING A REFUND OF THE OVERPAYMENT OF TWO THOUSAND TWO HUNDRED FORTY -SIX AND 44/100 ($2,246.44) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 890112 -11) 890112 -14 Minutes of the Regular Meeting - Jan. 12, 1989 Ordinance No. 5181 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DETERMINING THAT THE PAYMENT OF TAXES BY SOHANI ENTERPRISES, INC., DBA EZY STOP, ON ACCOUNT NUMBER 9905 - 034 -167 -4 FOR THE TAX YEAR 1987 WAS EXCESSIVE; APPROVING A REFUND OF THE OVERPAYMENT OF FIVE HUNDRED NINETY -TWO AND 67/100 ($592.67) DOLLARS; AND PROVID- ING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 890112 -12) Ordinance No. 5182 AN ORDINANCE APPROVING PAYMENT OF SIX THOUSAND EIGHT HUNDRED FORTY -SIX AND 50/100 ($6,846.50) DOLLARS TO OAKS, HARTLINE AND HONEY FOR THE COST OF PRINTING BRIEF OF APPEAL OF THE CITY_OF BAYTOWN VS. TONY _CAMPOS_,_ET_ALg AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 890112 -13) Ordinance No. 5183 AN ORDINANCE AUTHORIZING THE PAYMENT OF TWO THOUSAND ONE HUNDRED SEVENTY -THREE AND NO /100 ($2,173.00) DOLLARS TO DICTAPHONE, INC. AS TO THE COST FOR THE ANNUAL MAINTENANCE AGREEMENT ON POLICE DEPARTMENT RECORDING EQUIPMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 890112 -14) Ordinance No. 5184 AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 WITH SUGAR LAND REHAB, INC. FOR THE 1988 SANITARY SEWER SLIPLINING PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 890112 -15) A RESOLUTION OF AUTHORIZING THE HUNDRED NINETEEN FUND TO VARIOUS THEREOF. Resolution No. 1037 THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CITY MANAGER TO TRANSFER EIGHTY -SIX THOUSAND ONE AND NO /100 DOLLARS FROM THE COUNCIL CONTINGENCY ACCOUNTS; AND PROVIDING FOR THE EFFECTIVE DATE 890112 -15 Minutes of the Regular Meeting - Jan. 12, 1989 For bid tabulations see Attachments "B" through "G." Consider Appointments to Electrical Board Councilman Philips moved to reappoint George S. Saphos to Position 4, and Jesse F. Stovall to Position 5 on the Electrical Board. Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons Embry, Fuller and Pruett Mayor Hutto Nays: None Consider Appointments to Community Development Advisory Committee These appointments will be made at a future meeting. City Income Tax Mayor Hutto stated that he had spoken with Representative Richardson, who is supporting a bill that would prohibit cities form levying income tax on individuals or corporations. Mayor Hutto favors adoption of this bill and asked council if there were any objections to putting an item on the next agenda expres- sing support of that bill. He felt with the passage of this bill future councils would not be at liberty to impose an income tax on the citizens of Baytown. Council had no objections. There will be an item in this regard on the next council agenda. Im 890112 -ib Minutes of the Regular Meeting - Jan. 12, 1989 Opposition to 50% Pay Increase For Federal Employees Councilman Simmons stated that he had received several calls from citizens who are upset about the proposed 50% pay increase for federal employees. Therefore, he suggested that the adminis- tration forward a letter to our congressmen, state senators, and the Speaker of the House expressing council's strong opposition to a 50% pay increase for federal employees and that an item be placed on the next council agenda for adoption of a resolution to follow that letter. Councilman Fuller pointed out that the increase itself was not a problem. The problem was the size of the increase. Mayor Hutto noted that the Speaker of the House, Jim Wright, should be the one to get the letter. Councilman Philips pointed out if the matter is not voted on then it will be automatically approved. City Manager's Report Underground Fuel Tanks - Recently, the federal government has established guidelines for the monitoring of underground storage tanks to reduce infiltration of the underground water supply. Some of the standards will require corrosion protection to the tanks, installation of a leak protection system, installa- tion of spill overflow prevention equipment, and monthly monitor- ing and reporting procedures. One of the biggest problems with the legislation is that it will require the city to demonstrate financial responsibility to clean up in the event of a spill. The National League of Cities has argued that cities face emergencies all the time. Cities have the authority to borrow, tax and issue bonds to pay for emergencies. EPA has denied that request even though they have allowed states to do so. The requirement is that tank owners must obtain $500,000 worth of insurance per occurrence or an aggregate of $1,000,000 for 1 -100 tanks. EPA has outlined several ways to do this - pollution liability insurance, trust funds, risk retention groups and self insurance. Of these, self- insurance appears to be the best option; however, EPA has not devised the financial tests for self- insurance at this time. The test is scheduled to be in place in 18 months. We will need to be in compliance within 24 months. 990112 -17 Minutes of the Regular Meeting - Jan. 12, 1999 The city owns seven tanks, but one of these is empty and will be removed. Another tank is old and plans are to remove it. ' There is a timetable for compliance under different aspects of the law. The administration will be reporting from time to time on what is required. East Grand Parkway Committee - The committee has selected a consultant to perform a study that is necessary to get FAA approval. The engineering firm selected is Hoyle, Tanner and Associations, which firm is associated with Busch, Hutchison & Associates. Community Development - A ten year report has been prepared on Community Development activities. The report lists amounts of money allocated to Baytown, and in general terms, how those funds have been expended. Council was furnished with a copy of the report. No Smoking Ordinance - At a recent council meeting, council was asked to consider a no- smoking ordinance. Randy Strong, City Attorney, stated that state law already makes it illegal to smoke in a number of areas. Also, the statute empowers governmental entities to prohibit smoking within their jurisdictions. To date, some 30 to 40 cities throughout Texas have adopted no- smoking ordinances. The legal staff has reviewed ordinances from Houston and Austin which prohibit smoking in all public places. Public places are defined broadly and smoking is defined as even carrying lighted tobacco products. These ordinances provide that the owner of an establishment may designate an area as a smoking area. The size of the smoking area is based on the number of smokers who usually frequent that area. There are exceptions in both ordinances that allow nightclubs, bars, restaurant lounges that are separate from dining areas to be designated as smoking areas. Both ordinances require private employers to adopt smoking policies which would address concerns of non - smokers, as well as smokers within their premises. Council mentioned that the legislature is presently in '" session and will be looking at establishing smoking regulations; therefore, the city attorney suggested that perhaps council would want to delay action to check out pending legislation. im 890112 -18 Minutes of the Regular Meeting - Jan. 12, 1989 Fireworks Possession - The present ordinance does not prohibit possession of fireworks. It makes it illegal to dis- charge fireworks within the city limits. Recently, the adminis- tration has received a couple of calls from citizens suggesting adoption of a possession ordinance to help discourage fireworks stands from setting up just outside the city limits. The city manager informed council that from December 23 through January 2, the Police Department received 72 calls about fireworks being discharged. In response to an inquiry from council, the Police Chief stated that no citations were issued on these calls because when the police arrive on the scene no one discharges fireworks. Council felt that it would be unrealistic to attempt to enforce a possession ordinance. Mayor Hutto suggested that the state should have a prohibition against selling fireworks or provide a method by which cities could control the sale of fire- works in the extra - territorial jurisdiction. Grassroots Involvement Program - Texas Municipal League has developed a questionaire involving grassroots involvement and has requested that council complete the questionaire. Texas Municipal League Legislative Briefing - A legislative briefing and luncheon has been scheduled by Texas Municipal League to be held in Austin on February 13. City Hall Annex Site - The Texas Historical Commission has approved a medallion for the city hall annex site. Dedication ceremonies are set for 3:00 p.m. on January 29. Sidewalk Construction - The project is about 10% complete. Those sidewalks in the vicinity of Lee High School have been completed, and the contractor is working in front of Sterling High School. Sliplining - The sliplining project is about 60% complete. 890112 -19 Minutes of the Regular Meeting - Jan. 12, 1989 Sewer Service Line Repairs - All of the main line leaks that have been located in the West District have been repaired. Questions /Comments of Council - Councilman Embry commented that a citizen had expressed appreciation for street repairs made to correct a drainage problem in the Lakewood area. Adjourn There being no further business to be transacted, the meet- ing was adjourned. Eileen P. Hall City Clerk 3.3. 1 CITY OF BAYTOWN BID TABULATION TITLE: ANNUAL PLASTIC GARBAGE BAG CONTRACT BID NUMBER: 8911 -11 DATE: 12 -20 -88 02 :00 P.M. Attachment "A" I I 10 I ;MORSE WHOLESALE IBEN15 COMPANY ;ARROW INDUSTRIES ;POLY AMERICA ; ;ITEM; QTY ;UNIT ;DESCRIPTION i I ! ! UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT PRICE! 1 I. 1 100MI EA. 1 PLASTIC GARBAGE BAGS 1110,988.371 ;110,000.00; ;200,000.00; 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 2. 1 2008; EA. 1 ALTERNATE ]TEN - PLASTIC; 1119,007.751 1140,988.371 11110,000.001, ;200.000.00; 1 1 , 1 , 1 1 1 1 1 1 1 ki GARBAGE BAGS - (ONE TIME! 11 DELIVERY) ; 1 1 DELIVERY: I 1 30 -I5 1 DAYS ARC 1 I r I 1 1 30 DAYS I ARO 30 DAYS ARD 45 DAYS ARC i 7 i 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 1 1 1 I I 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 I 1 1 1 1 1 1 1 1 1 I 1 1 1 t 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 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 1 1 1 1 i 1 I 1 1 1 ( 1 1 1 1 i 1 1 1 t 1 1 1 1 1 1 1 I 1 I 1 i i 1 1 1 1 1 1 1 1 1 1 CITY OF BAYTOVN 810 TABULATION TITLE: ANNUAL PLASTIC GARBAGE BAG CONTRACT BID NUMBER: 8911 -11 DATE: 12 -20 -88 02:00 P.N. I I I I IBRAYNER PAPER ; ;1TEN1 QTY :UNIT !DESCRIPTION i ! ! ! I . . I IIIY,T ee,rr,rrT RS,rr1RMIT es,rrlEVT Snt PrilIYIT ee,rr,rVT IMDIrEllIMIT nni Pr IEWT ee,rr, 1 1. 1 200MI EA. 1 PLASTIC GARBAGE BAGS 1 1 NO BID 1 I I 1 1 ! ! 2. 1 MR! EA. I ALTERNATE ITEM - PLASTIC! ! ! I ! ! I ! ! 1 1 GARBAGE BAGS - (ONE TIME! ! ! I I ! I ' DELIVERY) ! ! ! ! DELIVERY: ! ! I I I I I I ! ! 1 1 ! 1 ! 1 ! ! ! ! 1 CITY OF BAYTONN BID TABULATION ?!TLE: ANNUAL CEMENT STABILIZED SAND CONTRACT B!D NUMBER: 8911 -12 DATE: 12 -21 -88 02:00 P.M. Attachment "B" ! ! ! ! !STABILIZED PRODUCTS lDRAVO BASK KAIERlALSlCOASIAL CEMENT SAND ;PARKER BROTHERS !ITEM; QTY !UNIT !DESCRIPTION ! ! ! ! ! ! ! 1 !UNIT PRICE!EXT. PRICEIUNIT PRICE!EXT. PRICElUN1T PRICE!EXT. PRICE!UN17 PRIM EXT PRICE! 11A.l3,000! TONS! It 112 SK /TON - DELIVERED! 11.10 ! 33,300.00! 14.60 ! 43.800.00; 12.50 ! 37,500.00! 1:.39 ! 40,170.00! ! 18.0,000; TONS! 1 112 SK/TON - F.O.B. ! 8.25 ! 24,750.00! 119.00 ! 33.000.00; 8.00 ! 24,000.00; 9.63 ! 28,89C.00! ! ! ! ! PLANTME ! .A.!1,000! TONS! 2 SK /TON - DELIVERED ! 12.20 ! 12.200.00! 16.10 1 16,100.00! 13.45 ! 13,450.00; 14.52 ! 14,520.00! TOYS! 2 SK /TON - F.O.B. PLANT -! 9.55 ! 9,550.00! 12.SD 1 12,500.00! 9.25 ! 9,250.00; 10.76 ! 10.760.00; , SITE , ! 3A.1 500! TONS! 2 112 SK /TON - DELIVERED! 13.40 ! 6.700.00! 17.60 ! 8,800.00; 15.50 1 7.750.001 1535 ! 7,825.00! 1 39.! 500! IONS! 2 !/2 SK /TON - F.O.B. ! 10.85 1 5.425.00! 14.00 ! 7,000.00! 11.50 ! 5,750.001 11.69 ! 5,945.001 1 ! ! ! PLANTSITE ' ! ! !TOTAL: ! ! 9!.945.00! !121.200.00! ! 97.700.001 1108.110.00! ! ! ! 1 ! ! ! ! ! ! ! ! ! ! ! ! ! DELIVERY: ! AS REQUIRED! AS REQUIRED! ! 1 DAY ! ! 1 DAY ! ! ! ! ! ! ! ! ! ! ! ARO ! ! ARO ; ! ! ! ! ! ! ! ! ! ! ! ! ! CITY OF BAYTOYN 810 TABULATION ?'T'E: ANNUAL S90KE BOMB CONTRACT 39 NUMBER: 89:1 -09 DATE: 12 -21 -88 02:00 P.N. Attachment "C" w ' 1 !NAYLOR SUPPLY CO. !SUPERIOR SIGNAL CO. !UNDERGROUND. INC. ; "TEN' QTY 'UK!T 'DESCR'PTION ' ' ! 1.! 75 ! DOZ.! SPOKE VHS ! 30.10 ! 2.280.00 ; 10.00 ! 3.000.00 ; NO BID ! ! nn t�►E.°.Y: • . J.�. . 3 DAYS I J J I 10 DAYS • .J 1 . 1 • 1 1 1 ' ! ! ARO ' ' ARO ! ' ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! 1 . 1 ! 1 . . 1 • I , 1 , 1 1 , . . • . / , , 1 1 1 1 I I R 1 1 1 1 1 1 1 C17Y OF BAT70VN BID TABULATION TITLE: BODY REPAIR AND REPLACEMENT OF PATROL CAR 910 NUMBER: 8911 -14 DATE: 12 -18 -88 01 :00 P.M. Attachment "D" : !ITEM! I I 1 QTY !UNIT ! 1 ;DESCRIPTION ! :RON !UNIT CRAFT ;JOE'S I PRICE!EXT. PRICEIUNIT PAINT t BODY 10DC I PRICEIEXT. PRICEIUNIT BREYER'S AUTO ;ADULFO'S I PRICE!EXT. PRICEIUNIT PAINT t PRICE!EXT. BODY; ; PRICE; : 1. 1 1 1 EA.: BODY REPAIR AND REPLACE -! ; 6,155.52 ; 1 4,201.54 1 ; 5,579.72 1 ; 3,854.18 ; 1 : 1 ! NENT OF PATROL CAR: 1 1 ! ; ! 1 : 1 DELIVERY: ! 1 NOT SPEC.: 1 15 DAYS ! 1 21 DAYS ! 1 NOT SPEC.! 1 ARO ! ! ARO ! ! : : : : : ! : I 1 1 I CITY OF DAY70UN BID TABULATION TITLE: BODY REPAIR AND REPLACEMENT OF GARBAGE TRUCK 810 NUMBER: 8911 -15 DATE: 12 -28 -88 02 :00 P.M. Attachment "E" l I l !JOE'S PAINT t BODY IDOC BREYER'S AUTO ; !ITEM! QTY !UNIT !DESCRIPTION z I l ! ! ! ! ! !UNIT PRICEIEXT. PRICElUNIT PRICEIEXT. PRICENNIT PRICEIEXT. PRICEWN17 PRICEIEXT. PRICE 1 ; EA. ; BODY REPAIR AND REPLACE-; 1 NO BID ; 1 3,928.76 1 ; I l ! l l RENT OF GARBAGE TRUCK: l ! l l I DELIVERY: ! ! 30 YORK l ! ! ! ! 1 DAYS ARO ! ! ! ! ! l ! ! ! ! ! ! l CITY OF BAYTOIIN BID TABULATION TITLE: SALE OF REAL ESTATE LOCATED AT 2 PRICE STREET BID NUMBER: RFO- 1289 -03 DATE: 01 -04-89 01:00 P.M. Attachment 1711 I ;BAY AREA REHAB. I MEN! QTY ;UNIT ;DESCRIPTION I ;UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICE;UNIT PRICEIEXT• PRICE;UNIT PRICEIEXT. PRICE! ! 1. 11 1 LOT : REAL ESTATE LOCATED AT 1 11000.00 I I I I I I I ! I #1 PRICE STREET I I I I I I • 1 • i 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 I 1 1 1 1 1 1 1 1 1 • 1 • � r 1 1 1 I 1 1 1 t 1 I 1 I I 1 1 1 1 1 I 1 1 1 • I 1 1 1 1 1 1 1 1 1 1 I I I 1 1 1 1 1 1 I ! 1 • 1 . 1 1 1 1 1 1 I I I • • 1 • • 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 1 r • � 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 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 1 i i 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 r • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 1 • • 1 r 1 1 ( 1 1 I 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 I 1 1 ( 1 I 1 I 1 1 1 1 1 1 1 1 1 1 1 1 / r 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 ! I 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 • r / 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 1 r 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 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 I 1 t / • • 1 1 1 1 1 1 1 1 1 I 1 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 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 1 1 t� • r -r • • 1 • r i i i i CITY OF BAYTOVN 810 TABULATION TITLE: ANNAUL READY NIX CONCRETE - DELIVERED 910 NUMBER: 8912 -23 DATE: 01 -05 -89 02:00 P.N. Attachment "G" 1 IEXCELL MATERIALS =ARROW READY NIX 11 11 11 IITEMI QTY !UNIT IOESCRIPTION I I I I I ! I I I !UNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PRICEIUNIT PRICEIEXT. PR1CHUNIT PRICEIEXT. PRICE! 1. 1 500 ! YOS 1 READY MIX CONCRETE - (S 1 13.00 1 21,500.001 11.00 1 22,000.001 ! 1 ! ! 1 1 1 1 SACK) - DELIVERED I ! I 1 1 1 1 1 1 1 1 1 1 DELIVERY: 1 1 AS REQ. 1 1 AS REQ. 1 ! 1 1 1 1 1 1 1 1 1 ! I 1 1 1 1 1 1 1 1 1