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1994 11 10 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 10, 1994 The City Council of the City of Baytown, Texas, met in special session on November 10, 1994, at 6:00 p.m., in the Don M. Hullum Conference Room of the Baytown City Hall with the following in attendance: Eva Benavides Council Member David Byford Council Member Manuel Escontrias Council Member E. Frank Hinds, Jr. Council Member Stephen DonCarlos Council Member Pete C. Alfaro Mayor Bobby Rountree City Manager Ignacio Ramirez City Attorney Eileen P. Hall City Clerk Absent: Rolland J. Pruett Council Member The meeting was opened with a quorum present, after which the following business was conducted: Recess into Executive Session to Discuss Pending Litigation Mayor Alfaro recessed the open meeting into executive session to discuss pending litigation. When the open meeting reconvened, Mayor Alfaro announced that no action was necessary as a result of the executive session. Adjourn There being no further business to be transacted, the special session was adjourned. Eileen P. Hall, City Clerk wpd 1dcc /minutes /spec /11 -10-94 MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 10, 1994 The City Council of the City of Baytown, Texas, met in regular session on November 10, 1994, at 6:30 p.m., in the Council Chamber of the Baytown City Hall with the following in attendance: Eva Benavides Council Member David Byford Council Member Manuel Escontrias Council Member E. Frank Hinds, Jr. Council Member Stephen DonCarlos Council Member Pete C. Alfaro Mayor Bobby Rountree City Manager Ignacio Ramirez City Attorney Eileen P. Hall City Clerk Absent: Rolland J. Pruett Council Member The meeting was opened with a quorum present, and Council Member Byford offered the invocation, after which the following business was conducted: Consider Approval of the Minutes for the Special and Regular Sessions Held on October 25, 1994 Council Member Escontrias moved for approval of the minutes for the special and regular sessions held on October 25, 1994. Council Member DonCarlos seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, and DonCarlos Mayor Alfaro Nays: None Abstained: Council Member Hinds Absent: Council Member Pruett 941110 -2 Minutes of the Regular Session - November 10, 1994 Consider Approval of the Minutes for the Emergency Session Held on November 7, 1994 Council Member Benavides moved for approval of the minutes for the emergency session held on November 7, 1994. Council Member DonCarlos seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, and DonCarlos Mayor Alfaro Nays: None Abstained: Council Members Escontrias and Hinds Absent: Council Member Pruett Consider Proposed Ordinance No. 941110 -1, Authorizing Amendment to Engineering Services Agreement with Wayne Smith & Associates for IH -10 Water Line to the Travel Pilot Center on North Main The City of Baytown is in the process of annexing the Pilot facility at the southeast corner of IH -10 and North Main. Pilot has considered drilling a well for water, but in order for this facility to have adequate fire protection, the City water system should be available. The 1991 bond funds included Two Hundred Twenty - Four Thousand and No /100 (5224,000.001 for a water line and oversizing of lines along IH -10 from Garth Road to North Main and are scheduled to be sold in November 1995. The administration is recommending moving that project up to accommodate Pilot Travel Center as well as anticipated growth for that area. The project consists of installing a twelve -inch line on the north side of IH -10 from the Budgetel Inn to the northeast corner of North Main. It will be Pilot's responsibility to pay for a six -inch line from this point to their site at the southeast corner of North Main. The estimated cost of the Pilot line is Twenty -Four Thousand Eight Hundred and No /100 ($24,800.00). The City will oversize this line to twelve inches to accommodate future needs on the south side of IH -10. The City's share of the entire project is Two Hundred Forty -Five Thousand Seven Hundred and No /100 Dollars ($245,700.00). The Engineering Committee and the staff recommend amending the agreement with Wayne Smith & Associates to include this project. Plans and specifications will be brought back to Council. Council Member Byford moved for approval of the ordinance. Council Member Escontrias seconded the motion. The vote follows: 941110 -3 Minutes of the Regular Session - November 10, 1994 Ayes: Council Members Benavides, Byford, Escontrias, Hinds, and DonCarlos Mayor Alfaro Nays: None Absent: Council Member Pruett ORDINANCE NO. 7155 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT BETWEEN WAYNE SMITH & ASSOCIATES, INC., AND THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 941110 -2, First Reading on Proposed Annexation of MUD No. 3 The City Manager explained that the area being considered for annexation is the Municipal Utility District No. 3 which is north of San Jacinto Mall, bounded on the east by Garth Road, on the south by Interstate 10, on the North by Wallisville Road, and on the west by Meadowlake Municipal Utility District. Currently, this area consists of a mix of residential and commercial property. Approximately twenty -two percent of the commercial property is developed and approximately forty -three percent of the residential property is developed. The district has about $4.6 million outstanding debt, and according to the service plan developed by City staff, increased service demands can be expected to increase General Fund Operating costs for the City by Eighty -Three Thousand Five Hundred and No /100 Dollars ($83,500.00) annually. Owners of MUD No. 3 have offered a donation of one acre of land valued at One Hundred Thousand and No /100 Dollars ($100,000.00) as well as Fifty Thousand and No /100 Dollars ($50,000.00) cash to the City of Baytown to help offset costs. The City of Baytown would like the option to refinance the district's bonds and use Masterson Moreland in that process. The district has One Million Dollars to put into debt service. Therefore, the administration plans to let the district representatives know that the City of Baytown intends to refinance the bond issue and that money needs to remain intact. The second and final reading on the proposed annexation will be held at a special meeting on December 13. Since it is customary to hold one meeting in December, plans are to have the meeting on Tuesday, December 13. The 941110 -4 Minutes of the Regular Session - November 10, 1994 administration recommended approval of the ordinance. Council Member DonCarlos moved for adoption of the ordinance. Council Member Hinds seconded the motion. In response to questions from Council, the City Manager stated the staff feels the City is in a good position to annex the area. The only concern is the amount of money available. It has cost the district money each year to stay viable. However, with refinancing and projected growth factored in and after reviewing the financials and identifying the amount of money actually available, the staff will let the representatives of the district know that money is to be there. Otherwise, the administration will not recommend annexation. With regard to locating a fire station in the vicinity of Interstate 10, this will be necessary regardless of whether the MUD No. 3 annexation is finalized. There is no requirement that the City of Baytown construct a fire station, but it does have an effect on the key rate. The City Manager felt the City would be looking at construction of a fire station within the next five years because of the anticipated growth along Interstate 10. The one acre of land has been offered for a fire station, but the City may elect to use it otherwise. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, and DonCarlos Mayor Alfaro Nays: None Absent: Council Member Pruett ORDINANCE NO. 7156 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF THE MUNICIPAL UTILITY DISTRICT NO. 3 LOCATED NORTH OF INTERSTATE 10 AT GARTH ROAD; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Hold Public Hearing on Basic Cable Rates Submitted by TCI Cablevision of Texas, Inc., on FCC Forms 1200, 1205, and 1215 at 6:45 p.m. Mayor Alfaro called to order the public hearing concerning the basic cable rates submitted by TCI Cablevision of Texas, Inc., and informed those present desiring to speak to register on the list provided in the lobby which would provide the speaking order for the hearing. He stated that the hearing was for the purpose of receiving 941110 -5 Minutes of the Regular Session - November 10, 1994 public input with regard to the basic cable rates submitted by TCI, and everyone desiring to present information at the hearing would be given ample opportunity to do so. However, he encouraged each speaker to be as brief and to the point as possible, noting that the hearing was not an adversarial type proceeding, but an opportunity for all interested persons to be heard on the submitted basic cable rates. He asked that all questions be directed to him, and with the aid of City staff, he would attempt to answer such questions. The Mayor called upon Mr. O. C. Oliver or a representative of TCI to summarize its basic cable rate submission. Mr. Oliver was not present due to an accident on Interstate 10; however, the TCI representative present stated there had been no change since the last hearing. The City Manager explained pursuant to cable rate regulations adopted on January 27, 1994, the City Council must hold at least one public hearing at which interested persons may express their views and record objections during the extended review period and before taking action on the proposed rate. TCI Cablevision of Texas, Inc. has submitted Forms 1200, 1205, and 1215 for the basic service tier and associated equipment, as well as supporting material concerning the reasonableness of their rates. This 1200 series filing was necessary in light of the revised cable regulations issued by Federal Communications Commission which lowered benchmark rates for the basic service tier and associated equipment an additional seven percent. Therefore, cable operators have been required by the FCC to lower their basic service tier rates a total of seventeen percent. TCI submitted a benchmark analysis for its basic programming services to justify it basic cable rates. At this time, no final determination has been made as to the reasonableness of the rate submitted. Item "a" on the consent agenda orders and directs TCI to keep an accurate account of all amounts received by reason of the proposed basic service tier rates submitted and on whose behalf the amounts are paid. This accounting order reserves Council's authority to order refunds at a later date. In response to inquiry from Council, Karen Horner, Assistant City Attorney, explained that TCI Cablevision of Texas, Inc. had originally filed under Form 393 which lowered benchmark rates by ten percent for the basic service tier and associated equipment. This 1200 series filing was necessary in light of revised cable regulations issued by Federal Communications Commission which lowered benchmark rates for the basic service tier and associated equipment an additional seven percent for a total of seventeen percent. The City Manager also responded that the administration would ask TCI Cablevision to present data on their performance to Council in writing. Since no one had registered to speak, Mayor Alfaro declared the public hearing to be closed. He reminded those in attendance that another public hearing is scheduled for 7:00 p.m. and those in attendance desiring to speak at that hearing should register to do so. 941110 -6 Minutes of the Regular Session - November 10, 1994 Consider Proposed Ordinance No. 941110 -3, First Reading on Proposed Annexation of Pilot Travel Center The area proposed for annexation is located at the southeast corner of Interstate 10 and North Main. Pilot Corporation plans to develop Pilot Travel Center Truck Stop at that site. The administration recommended approval of the ordinance. Council Member Escontrias moved for adoption of the ordinance. Council Member Benavides seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, and DonCarlos Mayor Alfaro Nays: None Absent: Council Member Pruett ORDINANCE NO. 7157 AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF THE PILOT TRAVEL CENTER SITE LOCATED AT THE SOUTHEAST CORNER OF INTERSTATE 10 AND NORTH MAIN STREET; WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. Consider Proposed Ordinance No. 941110 -4, Awarding Separate Contracts for the Senior Citizen Taxi Program to Red Top /Safeway Cab Company and Tri City Cab Company The administration is recommending separate contracts for Senior Citizen Taxi Program to Red Top /Safeway Cab Company and Tri City Cab Company in the amount of Ninety Thousand and No /100 Dollars ($90,000.00). This is the twentieth year that Council has allocated Community Development Block Grant funds for the Senior Citizen Taxi Program. This is the first year we will have two taxi companies providing the service. The administration recommended approval of the ordinance. Council Member Byford moved for adoption of the ordinance. Council Member Escontrias seconded the motion. Mrs. Joy Hart, owner of Red Top /Safeway Cab Company, was recognized by Mayor Alfaro. Mrs. Hart stated that the senior citizens would like to receive an extra ride, therefore, her company has given a ninth ride free for the last month which 941110 -7 Minutes of the Regular Session - November 10, 1994 amounts to approximately One Thousand Dollars ($1,000.00). She had no objection to the administration's recommendation. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, and DonCarlos Mayor Alfaro Nays: None Absent: Council Member Pruett ORDINANCE NO. 7158 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO SEPARATE CONTRACTS WITH JOY HART, DOING BUSINESS AS RED TOP CAB COMPANY AND SAFEWAY CAB COMPANY, AND ROBERT KAPPLER, DOING BUSINESS AS TRI -CITY CAB FOR THE SENIOR CITIZEN TAXI PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 941110 -5, Amending Chapter 33, "Urban Rehabilitation Standards," Section 33 -16 "Organization of the Board" Presently, one of the positions of the seven member Urban Rehabilitation Standards Review Board is "Homebuilder." The proposed amendment will include "Building Contractor" rather than "Homebuilder." A building contractor is defined in the ordinance as, one who is in the business of furnishing materials or performing services in the construction industry and includes but is not limited to a bricklayer, a carpenter, an air conditioning serviceman, a ceramic tile installer, a concrete finisher, a drywall installer, a floor layer, an ironworker, a painter, a plasterer, a pipefitter, a plumber, and a roofer. The administration recommended approval of the ordinance. Council Member Escontrias moved for adoption of the ordinance. Council Member Benavides seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, and DonCarlos Mayor Alfaro Nays: None Absent: Council Member Pruett 941110 -8 Minutes of the Regular Session - November 10, 1994 ORDINANCE NO. 7159 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 33 "URBAN REHABILITATION STANDARDS," ARTICLE III "URBAN REHABILITATION STANDARDS REVIEW BOARD," BY AMENDING SECTION 33 -16 "ORGANIZATION OF THE BOARD," OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 941110 -6, Amending the Code of Ordinances, Article 11, "Fireworks," to Prohibit the Sale or Distribution of Fireworks within 1,000 feet of the City Limits of Baytown, Effective January 2, 1995 The possession, sale, or discharge of fireworks is illegal within the city limits of Baytown; however, this does not prevent vendors from establishing retail locations that actually adjoin our city limits. The customers of these locations park their vehicles in the city limits to make purchases. This ordinance will prohibit the sale or distribution of fireworks within one thousand feet of the city limits and will take effect January 2, 1995, to allow vendors who have already secured their sites for this Christmas season to operate. However, the City staff will use this season to inform and educate the affected operators of the new policy so they can secure legal locations before the July 4 season. The administration recommended approval of the ordinance. Council Member Byford moved for adoption of the ordinance. Council Member Benavides seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, and DonCarlos Mayor Alfaro Nays: None Absent: Council Member Pruett ORDINANCE NO. 7160 AN ORDINANCE AMENDING CHAPTER 17 "MISCELLANEOUS PROVISIONS AND OFFENSES," ARTICLE II "FIREWORKS," SECTION 17 -36 "SALE PROHIBITED," OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; ADDING SECTION 17 -48 "PENALTY FOR VIOLATION," TO THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 941110 -9 Minutes of the Regular Session - November 10, 1994 Hold Public Hearing on the Question of Creating a Mass Transit Authority and the Boundaries of the Area to be Included in Such Authority at 7:00 p.m. Mayor Alfaro called to order the public hearing concerning creation of a Mass Transit Authority and the boundaries of the area to be included in such authority. He stated that everyone desiring to speak at the hearing should sign the list in the lobby because that list would provide the speaking order for the hearing. The Mayor emphasized that the purpose of the hearing was to receive public input with regard to the creation of a Mass Transit Authority and the boundaries of the area to be included in such authority. He stressed that everyone desiring to present information at the hearing would be given ample opportunity to do so; however, he encouraged each speaker to be as brief and to the point as possible noting that the hearing was not an adversarial type proceeding, but an opportunity for interested persons to be heard on the proposed Mass Transit Authority. He requested that all questions be directed to him, and with the aid of the City staff, he would attempt to have the questions answered. Mayor Alfaro asked the City Manager to explain the process of creating a Mass Transit Authority. The City Manager noted that the Comprehensive Plan, as developed by the citizens, included a section on public transportation emphasizing that public transportation is necessary in Baytown to provide aid to senior citizens, handicapped persons, and low- income individuals. Increases in car pooling, van pooling, and ride sharing to work and school would improve the air quality of the surrounding areas. Amendments to the Federal Clean Air Act mandate a reduction in the use of automobiles by individuals. It also requires that businesses with over one hundred employees at one location reduce their emissions. Public transportation can certainly be viable in reducing those automobile trips. Approximately one- fourth of Baytonians are now considered transportation disadvantaged. These people experience difficulties getting to the doctor, shopping, traveling to work, to school, or just to visit with friends. The existing public supported programs such as the Senior Citizen Taxi Program, Bayshore Community Development, Inc., Red Cross, and Senior Citizens Transportation Program provide some support, but all of these services are limited and cannot fulfill the needs of public transportation. The Senior Citizens Center, for example, has the only lift - equipped van available for general transport. Several council members, as well as the City Manager, have received calls from individuals in wheelchairs who need transportation but do not qualify under the Senior Program. All of these subsidized services are limited to special population groups, handicapped or senior citizen low - income. The number of trips, destination, and frequency of use are all limited. In most cases, these are limited to medical purposes only. These limitations have substantial travel demands that are not being met by the rest of the public. 941110-10 Minutes of the Regular Session - November 10, 1994 Since MTA and MT organizations would be allowed to contract with local government, they could also provide other services such as, police, streets, sidewalks, and some water and sewer, depending on the type of construction necessary. There would be a direct benefit to the City as a whole for the MTA program. A one -cent sales tax would produce approximately $5 million annually, and these local MTA funds could be leveraged with the other state and local funds to parley these funds into more dollars for the transportation program and the street program. Currently, citizens who shop in Houston west of Uvalde, pay the one -cent sales tax to Houston Metro. This concluded the City Manager's report. Mayor Alfaro called upon Mr. B. R. Delcoure who had questions from the article in the Baytown Sun in which the City Manager is quoted as saying, "I can assure you there is need for public transportation." Mr. Delcoure questioned, "How can you assure us? Based on what ?" Mr. Rountree responded based on a transportation study in 1991 which provided all the facts, figures, and percentages. He stated that the staff would be happy to share that information with Mr. Delcoure. Mr. Delcoure continued, "And these facts and figures indicate that one - fourth of the population are transportation underprivileged ?" Mr. Rountree responded in the affirmative that they are either senior citizen, low income (not age wise), or handicapped. Mr. Rountree also verified that $.01 on the sales tax rate would generate approximately $5 million. In response to Mr. Delcoure's inquiry concerning appointing a board before the people have indicated a desire to develop a Mass Transit Authority, the Mayor explained that State law requires appointment of the board first, because one of the board's duties is to call an election on the question of creating a Mass Transit Authority. Mr. Delcoure stressed the point that if mass transit were a viable venture, then private enterprise should be encouraged to participate, but he didn't feel that the people of Baytown should pay for mass transit. He concluded by saying, "I think due concern should be given to the people who do not want to pay for the small number of people who may or may not benefit from a system that would not be self - sufficient." Mayor Alfaro thanked Mr. Delcoure for addressing some very significant issues that will need to be addressed before any decision is made and stressed that the citizens of Baytown will make the decision whether or not Baytown has a transit authority. 941110-11 Minutes of the Regular Session - November 10, 1994 Mayor Alfaro recognized the City Manager who explained the way the legislature set this particular law up, the committee is appointed and then the committee works with the staff on the research to be done and to develop a program for presentation to the public. If the public does not want to support that program, then that is the public's prerogative to turn that program down. He also emphasized the committee is volunteer and no tax dollars are expended. Mayor Alfaro recognized Mr. F. W. Hardey who inquired as to possible riders: "(1) How Many? (2) Who are they? (3) Where are they ?" With regard to the business aspects: "(1) What are the estimates of start -up costs? (2) What is the operational cost? Or, estimates of operational costs? (3) Would a private company be prepared to look at this? (4) If so, why haven't you done it already ?" Mr. Hardey felt if mass transit were viable, there would be many in private enterprise interested. However, if there were no answers to his questions, he would ask, "Is this simply another tax ?" If so, he felt the City should ask the people for it. The City Manager reiterated that to be in a position to call an election, this is the process Council must go through. Once the board is appointed, they may get into this issue and find out there is private industry out there willing to do a portion of this. There may be some contractual work done; therefore, those issues will be discussed. Mr. Hartley added that he had lived here about thirty years and during that time, he had seen about three or four attempts at this made and everyone of them had failed due to lack of ridership. Mayor Alfaro thanked Mr. Hardey, and recognized Mr. Gary Bruns who pointed out that the elections of Tuesday sent the message that the people are tired of taxes and more taxes. He felt the transit authority would be just another way for the City to get more tax dollars. Mayor Alfaro thanked Mr. Bruns and recognized Mr. David Mohlman who stated there would be many pros and cons raised but that the real issue is leadership. He felt that a clean, well -run, well- maintained, cost - effective public transportation system would add to the quality of life in Baytown entering the year 2000 and beyond. It has done so in other cities. He urged Council to move forward and really get behind creation of a Mass Transit Authority. Mayor Alfaro thanked Mr. Mohlman and recognized Mr. Jack French who asked questions concerning the specifics of, "How does one get to the bus? What will the routes be ?" He also pointed to the fact that creation of this transit authority would mean the hire of people, purchase of buses, creation of positions including employee benefits and all that goes along with a company, which he is against. 941110 -12 Minutes of the Regular Session - November 10, 1994 Mayor Alfaro thanked Mr. French and recognized Mr. R. B. Owens. Mr. Owens stressed that he had worked very hard for what he owned, and at this point in his life, he didn't want added taxes. He felt that is what was being said by the election results on Tuesday. He urged Council to think through this process very carefully and to be very specific on what is planned. Mayor Alf aro thanked Mr. Owens and extended his appreciation to each speaker for coming to address the council. He pointed out that Council is addressing issues that came out during the R /UDAT and the Comprehensive Plan, No decisions have been made. The final decision on whether or not Baytown has a Mass Transit Authority will be made by the voters of the City of Baytown. He emphasized that the taxes being considered are sales taxes not ad valorem taxes (property taxes). He reiterated that after this board is appointed and after they look at all the information, the determination could be made that there is neither the need nor the incentive to do this. He expressed appreciation to the speakers for the timeliness of their comments. In response to the question whether public funds would be expended to promote Metro, both the Mayor and City Manager replied, "No." A question was raised about notification of the public hearing to which the City Clerk responded that notice was published the day after the last council meeting. There being no further comments, the public hearing was closed. Consider Proposed Resolution No. 1229, Authorizing Notice and Public Hearing Under Section 42 of the Public Utility Regulatory Act Regarding Electric Utility Rates in the City of Baytown, Texas, and Containing Related Provisions The City of Baytown is authorized, under the terms of the Texas Public Utility Regulatory Act, to regulate electric utility rates within the City. Currently, there is a rate proceeding pending before the PUC seeking action of the PUC to lower electric rates charged by Houston Lighting & Power. The hearings regarding such case are predicted to last through May 1995. Therefore, the final order from the PUC would be forthcoming sometime in August 1995. With the final order being so far away, the City of Baytown desires to file a Section 42 Rate Case, which may enable the City to establish lower rates as early as December 1994, if the current HL &P rates are determined to be unjust and unreasonable. The proposed resolution authorizes the City to proceed and requires HL &P to submit to the City all of the information which HL &P has previously filed with the PUC or the City of Houston regarding this matter. The administration recommended approval of the resolution. Council Member Benavides moved for adoption of the resolution. Council Member DonCarlos seconded the motion. The vote follows: 941110 -13 Minutes of the Regular Session - November 10, 1994 Ayes: Council Members Benavides, Byford, Escontrias, Hinds, and DonCarlos Mayor Alfaro Nays: None Absent: Council Member Pruett RESOLUTION NO. 1229 A RESOLUTION AUTHORIZING NOTICE AND PUBLIC HEARING UNDER SECTION 42 OF THE PUBLIC UTILITY REGULATORY ACT REGARDING THE ELECTRIC UTILITY RATES IN THE CITY OF BAYTOWN, TEXAS; CONTAINING RELATED PROVISIONS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE HEREOF. Consent Agenda Council considered the consent agenda as follows: a. Proposed Resolution No. 1230 directs TCI Cablevision of Texas, Inc. to keep accurate accounts of all amounts received by reason of the proposed basic service tier rates submitted on Forms 1200, 1205, and 1215. This proposed resolution directs TCI Cablevision of Texas, Inc. (TCI) to keep accurate accounts of all amounts received by reason of the proposed basic service tier rates. We recommend approval. b. Proposed Ordinance No. 941110 -7 amends Chapter 18 "Motor Vehicles and Traffic," Article IX, "Abatement and Removal of Junked Vehicles," Section 18 -86 "Penalty for Failure to Abate or Allow Abatement of Nuisance." This proposed ordinance amends Chapter 18 "Motor Vehicles and Traffic," Article IX, "Abatement and Removal of Junked Vehicles," Section 18 -86 "Penalty for Failure to Abate or Allow Abatement of Nuisance," by removing the language which reads ...or owner or occupier of the premises adjacent to the public right -of -way on which such nuisance is located.... Currently, the ordinance penalizes owners of property adjacent to the location of the junked vehicle, even if the owner has no interest in the junked vehicle. The proposed amendment will remedy this situation. We recommend approval. 941110 -14 Minutes of the Regular Session - November 10, 1994 C. Proposed Ordinance No. 941110 -8 amends Ordinance No. 6841 passed on October 28, 1993, to increase the number of Patrol Officers from 89 to 91. The City of Baytown has received funding from the Houston - Galveston Area Council (H -GAC) and Goose Creek Consolidated Independent School District (GCCISD) to provide two additional D.A.R.E. officers to work in the Goose Creek School system. This ordinance is a requirement of the Texas Local Government Code, Section 143, Civil Service which provides that the City must set the number of positions in each classification. We recommend approval. d. Proposed Ordinance No. 941110 -9 authorizes payment of TNRCC annual waste treatment inspection fees in the amount of $23,600.00. The waste treatment inspection fees, assessed annually each September 1 in accordance with 30 TAC, Chapter 305, Subchapter M, are imposed on each permittee holding a permit under the Texas Water Code, Chapter 26. The purpose of the fees is to administer water quality programs, consistent with the provision of the Texas Water Code, Chapter 26, the rules and orders of the Commission, and the provisions of Commission governing waste discharges and waste treatment facilities. We recommend approval. e. Proposed Ordinance No. 941110-10 authorizes renewal of the annual contract for cationic polymer supply to Allied Colloids, Inc. in the amount of $37,125.00. This contract allowed an option to renew for four additional one -year periods, with the City's approval and the receipt of written notice from the bidder. This is the second year to renew the contract which is used by the wastewater treatment plants in flocculation applications utilizing belt presses and centrifuges. A copy of Allied Colloids, Inc. letter is enclosed. Quantities shall remain approximately the same for next year, with no cost adjustments. Due to the expense incurred in testing and firm pricing, we recommend renewal of this annual contract for one additional year, expiring on December 31, 1995. We recommend approval. f. We are not ready on this item. 941110 -15 Minutes of the Regular Session - November 10, 1994 g. Proposed Ordinance No. 941110-12 authorizes payment to Insituform Gulf South, Inc. to perform sanitary sewer rehabilitation by cured -in- place pipe. An 18 -inch sanitary sewer line along Goose Creek at Goose Creek Country Club has failed. This is a trunk line that ranges from six to eight feet deep. The project consists of making a point repair, replacement of two manholes, and lining 215 feet with cured -in -place pipe. Based on the City's contract with IGS, the estimated cost for completion is $30,000.00. We recommend approval. Council Member Hinds moved for approval of the consent agenda Items "a" through "g" excluding Item "f." Council Member Benavides seconded the motion. The vote follows: Ayes: Council Members Benavides, Byford, Escontrias, Hinds, and DonCarlos Mayor Alfaro Nays: None Absent: Council Member Pruett RESOLUTION NO. 1230 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DIRECTING TCI CABLEVISION OF TEXAS, INC. TO KEEP ACCURATE ACCOUNTS OF ALL AMOUNTS RECEIVED BY REASON OF THE PROPOSED BASIC SERVICE TIER RATES WHICH WERE SUBMITTED ON FORMS 1200, 1205, AND 1215; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 7161 AN ORDINANCE AMENDING CHAPTER 18 "MOTOR VEHICLES AND TRAFFIC," ARTICLE IX "ABATEMENT AND REMOVAL OF JUNKED VEHICLES," SECTION 18- 86(a) "PENALTY FOR FAILURE TO ABATE OR ALLOW ABATEMENT OF NUISANCE," OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 941110 -7) 941110 -16 Minutes of the Regular Session - November 10, 1994 ORDINANCE NO. 7162 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 6841 PASSED ON OCTOBER 28, 1993, ESTABLISHING THE NUMBER OF POSITIONS IN THE CLASSIFICATION "SERVICE GROUP - POLICE;" PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 941110 -8) ORDINANCE NO. 7163 AN ORDINANCE AUTHORIZING THE PAYMENT OF TWENTY -THREE THOUSAND SIX HUNDRED AND NO /100 DOLLARS ($23,600.00) TO TEXAS NATURAL RESOURCE CONSERVATION COMMISSION AS THE COST FOR ANNUAL WASTE TREATMENT FEES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 941110 -9) ORDINANCE NO. 7164 AN ORDINANCE RENEWING THE CONTRACT OF ALLIED COLLOIDS, INC., FOR THE ANNUAL CATIONIC POLYMER SUPPLY CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -SEVEN THOUSAND ONE HUNDRED TWENTY -FIVE AND NO/100 DOLLARS ($37,125.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 941110-10) ORDINANCE NO. 7165 AN ORDINANCE AUTHORIZING PAYMENT UP TO THE SUM OF THIRTY THOUSAND AND NO/100 DOLLARS ($30,000.00) TO INSTITUFORM GULF SOUTH, INC., AS THE COST FOR THE CURED -IN -PLACE SANITARY REHABILITATION CONTRACT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. (Proposed Ordinance No. 941110-12) The rest of this page is blank. 941110 -17 Minutes of the Regular Session - November 10, 1994 City Manager's Report Federal Emergency Management Agency (FEMA) - FEMA has set up a disaster center at the Community Building, and several people have availed themselves of this service. Council Member Pruett - Council Member Rolland Pruett is in Bay Coast Hospital. He has lost a considerable amount of blood and is in ICU. No surgery is required at this time; however, a blood drive has been arranged for next Tuesday, November 15, at the Community Building. Those who contributed in the community -wide blood drive are eligible to donate blood at this time. Second Meeting in November - The second council meeting in November is scheduled for November 21. Fire Chief New Born - Fire Chief Leiper and his wife are the proud parents of Chad Wilson Leiper, who weighed in at seven pounds eleven ounces. Barges at San Jacinto River Bridge - Mayor Alfaro, the City Manager, Representative Bosse, Congressman Green, and Captain Ford of the Coast Guard, will meet next week to discuss the barges at San Jacinto River Bridge and what actions might be taken to alleviate a potential disaster. Also, plans are to discuss expediting the repair of the bridge. Adjourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk wpd 1dcc /minutes /reg 11 1 -10 -94