1999 03 11 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
March 11, 1999
The City Council of the City of Baytown, Texas, met in regular session on
March 11, 1999, at 6:30 p.m., in the Council Chamber of the Baytown City Hall
with the following in attendance:
David Byford
Manuel Escontrias
E. Frank Hinds, Jr.
Coleman Godwin
Scott Sheley
Victor Almendarez
Monte Mercer
Ignacio Ramirez
Eileen P. Hall
Absent: Pete C. Alfaro
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor Pro Tempore
City Manager
City Attorney
City Clerk
Mayor
The meeting was opened with a quorum present, and Council Member
Byford led the pledge of allegiance and offered the invocation, after which the
following business was conducted:
Consider Approval of Minutes for the Special Meeting held on February 25,
1999
Council Member Escontrias moved to approve the minutes. Council
Member Godwin seconded the motion. The vote follows:
Ayes: Council Members Byford, Escontrias
Hinds, Godwin, and Sheley
Mayor Pro Tempore Almendarez
Nays: None
Abstained: Council Member Byford
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Minutes of Regular Session — March 11, 1999
Consider Approval of Minutes for the Regular Meeting held on February 25,
1999
Council Member Hinds moved to approve the minutes. Council Member
Escontrias seconded the motion. The vote follows:
Ayes: Council Members Escontrias
Hinds, Godwin, and Sheley
Mayor Pro Tempore Almendarez
Nays: None
Abstained: Council Member Byford
Citizen Communication: Russell L. Foster, President of Baytown Girls
Softball Association (Slowpitch), 3406 Cobblestone Lane, to Discuss the
Disagreement with the City's Contract for Baytown Girls Softball
Association
Mayor Pro Tempore Almendarez stated that in accordance with the
established rules and procedures for conducting council meetings, Mr. Foster
would have five minutes to address Council. He said that any other citizen who
is registered to speak on the same issue would have three minutes. The Mayor
Pro Tempore emphasized that since this was an information gathering session
for Council, all inquiries and requests would be referred to the administration, and
a response to the citizens would be made at a later date.
Russell Foster, 3406 Cobblestone, said that in January he received a
contract for his association to use the fields at the Wayne Gray Sports Complex.
He stated that since he was concerned about the indemnity clause in the
contract, his association paid an attorney $500, and he felt the City should refund
the money.
Mr. Foster informed Council that his association had been in Baytown for
twenty years and was a non - profit organization with 500 girls enrolled and the
City should build a place for them to play. The group needs a minimum of a four -
field lighted complex with an adequate concession stand and restrooms. He said
he did not agree with the program that required the children to schedule their
games around the adult programs and use the fields that was left over. He
requested that the Baytown Girls' Softball Association to be treated as equal to
the Little League teams and the boys' high school teams.
Bruce Swart, 311 Oaklawn, representing Girls' Fastpitch Association of
Baytown, said his organization was formed five years ago with 55 girls and now
has over 300. He said that in January he received a contract in the mail made
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Minutes of Regular Session — March 11, 1999
out to the Baytown Girls' Softball Association which is the slowpitch association.
He is affiliated with the fastpitch association. He stressed that fastpitch and
slowpitch are played under different rules and even the equipment is different.
Angela Crenshaw, 701 East Gulf, asked Mr. Swart to speak for her.
Mr. Swart said that the Little League in Baytown plays on ten fields which
equals about 100 children per field. He asked that Girls Fastpitch Association of
Baytown be recognized as a separate and independent association, and he
asked for parity in field usage. He said that in order to insure parity, he would
require the use of Fields G, F, and D.
In response to inquiry from Council, the City Manager said that the
indemnity clause in the agreement had been modified so that each organization
would be held responsible only for the times during which it was holding
functions.
Mayor Pro Tempore Recognized Boy Scouts
Mayor Pro Tempore Almendarez recognized Boy Scout Troop No. 93
attending with Scoutmaster Brian Barney.
Proposed Ordinance No. 990311 -1, Amending Chapter 42 "Health and
Sanitation," Article III "Smoking," Section 42 -96 "Definitions" of the Code
of Ordinances, to Amend the Definition of "Designated Smoking Area" and
to add the Definition of "Net Floor Area"
In drafting the amendment to the smoking ordinance as approved by the
City Council at its last council meeting, another amendment is necessary to
achieve the City Council's intent regarding a designated smoking area. In the
new ordinance, the size of a designated smoking area is measured solely by the
number of available seats in the public place. However, because the number of
seats may not be an appropriate measurement of the area of a public place
actually used by the public, this proposed amendment limits the size of a
designated smoking area (i) for eating establishments to no more than 50%
based upon the number of seats available in its seating area and (ii) for all other
public places to no more than 50% based upon the net floor area used by and
accessible to the public. Furthermore, the amended ordinance clarifies that an
area specified as a designated smoking area may not include restrooms, service
lines, waiting areas, public telephone areas, and other common areas used by
the public.
Council Member Byford moved to adopt the ordinance. Council Member
Hinds seconded the motion. The vote follows:
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Minutes of Regular Session — March 11, 1999
Ayes: Council Members Byford, Escontrias
Hinds, Godwin, and Sheley
Mayor Pro Tempore Almendarez
Nays: None
ORDINANCE NO. 8530
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS,
AMENDING THE CODE OF ORDINANCES, BAYTOWN, TEXAS,
CHAPTER 42 "HEALTH AND SANITATION," ARTICLE III
"SMOKING," SECTION 42 -96 "DEFINITIONS" TO AMEND THE
DEFINITION OF "DESIGNATED SMOKING AREA" AND TO ADD
A DEFINITION OF "NET FLOOR AREA "; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
AND PROVIDING FOR EFFECTIVE DATE THEREOF.
Proposed Ordinance No. 990311 -2, Setting the Time, Date and Place for a
Public Hearing on Regulated Cable Rates and Equipment Submitted by
Texas Cable Partners, L.P., (operated by Time Warner in Baytown) on FCC
Forms 1240 "Updating Maximum Permitted Rates for Regulated Cable
Services" and 1205 "Determining Regulated Equipment and Installation
Costs"
The ordinance sets the public hearing for 6:35 p.m., on March 25, 1999.
Pursuant to the cable rate regulations adopted, the City Council must hold at
least one public hearing at which interested persons may express their views and
record objections concerning the adjustment of regulated cable rates and related
equipment and services. The review period for the annual rate adjustments
submitted is ninety days from the date the cable operator filed its request with the
City. Prior to the expiration of the review period, the City Council may decide
whether to approve the new rates. According to the information submitted, the
Basic Services for customers will be lowered by $0.72 from $9.73 to $9.01. The
maximum permitted rate for equipment and installation will be below the 1998
calculated maximum permitted rate. After the public hearing, the City will have
ample time for review prior to making a recommendation on the new rates. Time
Warner plans for these proposed changes to be effective for customer
statements on or about June 1, 1999.
Council Member Sheley moved to adopt the ordinance. Council Member
Hinds seconded the motion. The vote follows:
Ayes: Council Members Byford, Escontrias
Hinds, Godwin, and Sheley
Mayor Pro Tempore Almendarez
Nays: None
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Minutes of Regular Session — March 11, 1999
ORDINANCE NO. 8531
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN SETTING A DATE, TIME, AND PLACE FOR A
PUBLIC HEARING ON FCC FORMS 1240 "UPDATING
MAXIMUM PERMITTED RATES FOR REGULATED CABLE
SERVICES," AND 1205 "DETERMINING REGULATED
EQUIPMENT AND INSTALLATION COSTS" SUBMITTED BY
TEXAS CABLE PARTNERS, L.P.; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Proposed Ordinance No. 990311 -3, Amending the Engineering Services
Contract with Camp, Dresser & McKee, Inc., (CDM) to Provide Resident
Inspection, Field Engineering Support, if necessary, and Geotechnical
Services for the 1 -10 Sanitary Sewer Extension
The ordinance amends the Engineering Services Contract with CDM in
the amount of $141,990. Compensation will be on a salary-cost basis and
reimbursement at 1.1 as provided in the current contract. The estimated duration
of services is six months. The estimated cost is $141,990. When this contract
was originally bid, the City's Engineering Department had planned to handle
inspection and material testing. However, the contractor has informed the City of
his plan to operate four teams simultaneously, which would be a full -time job for
the inspector. Since the bid of this project resulted in significant savings, the
decision was made to contract with CDM for these services freeing the City
inspectors to handle other jobs throughout the city. The amendment will provide
a full -time inspector plus engineering support in the field, if necessary, and
geotechnical services. This will be funded by 1998 Certificate of Obligation.
Council Member Escontrias moved to adopt the ordinance. Council
Member Hinds seconded the motion. The vote follows:
Ayes: Council Members Byford, Escontrias
Hinds, Godwin, and Sheley
Mayor Pro Tempore Almendarez
Nays: None
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Minutes of Regular Session – March 11, 1999
ORDINANCE NO. 8532
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING AMENDMENT NO. 2 TO THE
AGREEMENT BETWEEN OWNER AND ENGINEER FOR
PROFESSIONAL SERVICES TO PROVIDE RESIDENT
INSPECTION AND MATERIAL TESTING SERVICES FOR THE I-
10 SANITARY SEWER EXTENSION PROJECT; AUTHORIZING
ADDITIONAL COMPENSATION IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED FORTY -ONE THOUSAND NINE
HUNDRED NINETY AND NO1100 ($141,990) TO CAMP,
DRESSER & MCKEE, INC.; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Proposed Ordinance No. 990311 -4, Approving Deduct Change Order No. 1
to Work Order No. 7 for the Annual Sanitary Sewer Rehabilitation
Contract - 1998 -1999
The ordinance approves deduct Change Order No. 1 to Work Order No. 7
to adjust quantities in the amount of $37,286.20, and approves final payment of
$91,133.10 to P.M. Construction & Rehabilitation, L.P. Significant cost reduction
was a reduction of pipe bursting of eight -inch and ten -inch pipe. Work Order No.
7 was issued at $128,419.30 and the final amount is $91,133.10. This
represents a 29 percent cost savings. The duration of Work Order No. 7 was 25
days and the contractor completed the work in 24 days. The original contract
award amount was $934,949 and the final total contract amount is $894,094.40,
which represents a 4.4 percent cost savings. There were a total of seven work
orders issued under this annual contract. This work was funded by the Texas
Water Development Board.
Council Member Byford moved to adopt the ordinance. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Byford, Escontrias
Hinds, Godwin, and Sheley
Mayor Pro Tempore Almendarez
Nays: None
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Minutes of Regular Session — March 11, 1999
ORDINANCE NO. 8533
AN ORDINANCE AUTHORIZING DEDUCT CHANGE ORDER NO.
1 TO WORK ORDER NO. 7 WITH P.M. CONSTRUCTION &
REHABILITATION, L.P., TO ADJUST THE FINAL UNIT BID
QUANTITIES FOR THE 1998 -99 ANNUAL SANITARY SEWER
REHABILITATION CONTRACT; AUTHORIZING FINAL
PAYMENT OF THE SUM OF NINETY -ONE THOUSAND ONE
HUNDRED THIRTY -THREE AND 10100 DOLLARS ($91,133.10)
TO P.M. CONSTRUCTION & REHABILITATION, L.P., FOR SAID
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Approving Plans and Specifications for Tri- Cities Beach Road
Evergreen Lift Station (Contract A) and James Street Lift Station and Force
Main (Contract C) and Advertising for Bids
The scope of work is to construct one new lift station and modify an
existing lift station. The new lift station will be at Evergreen and Tri- Cities Beach
Road with a 3,200 gpm capacity and provisions for another two pumps to meet
future needs. The existing lift station at East James and Bayou Drive will be
modified to provide 3,200 gpm capacity and includes approximately 6,500 linear
feet of eighteen -inch force main. The estimated construction cost for Contract A
is $367,100 and for Contract C is $634,000. This will be funded by 1998
Certificates of Obligation. The construction duration is eighty working days for
each contract. Contract A is best suited for a mechanical contractor (i.e., lift
station); whereas; Contract C is better for a pipe- laying contractor; therefore, the
justification to solicit separate bids.
Council Member Hinds moved to adopt the ordinance. Council Member
Byford seconded the motion. The vote follows:
Ayes: Council Members Byford, Escontrias
Hinds, Godwin, and Sheley
Mayor Pro Tempore Almendarez
Nays: None
Consent Agenda
Council considered the consent agenda items "a° through "k."
a. Proposed Ordinance No. 990311 -5, authorizes removal of the
traffic signal at Narcille Street and Ward Road and designates the
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Minutes of Regular Session — March 11, 1999
intersection a stop intersection, controlling north and southbound
Narcille Street. Removal of the existing traffic signal and replacing
the intersection control with stop signs controlling Narcille Street at
Ward Road was recommended by the Growth Management and
Development Advisory Commission.
We recommend approval.
b. Consider authorizing construction of a left turn lane and median
opening by the Camden Properties on West Baker Road between
Garth Road and Hutto Boulevard at the eastern most driveway to
the property accessing The Park at Goose Creek Apartments.
Authorization will allow the Camden Properties to construct a
median opening opposite their property. If authorized, all costs
associated with the design and construction will be paid for by
Camden Properties. These costs include the preparation and
submittal of construction plans conforming to the City of Baytown
Building Code as administered by the Engineering and Inspections
Department, as well as meeting standard drainage, geometric, and
maintenance requirements of the Department of Public Works. The
proposed location meets minimum spacing requirements for
median openings, will reduce congestion, and will improve traffic
safety and operations. The construction was recommended by the
Growth Management and Development Advisory Commission. A
sketch is enclosed in the packet.
We recommend approval.
C. Consider authorizing construction of a left turn lane and median
opening by the Du Pont La Porte Federal Credit Union on North
Alexander Drive between Mabry Road and Cedar Bayou Road at
the north driveway to their property on North Alexander Drive.
Authorization will allow the Credit Union to construct a median
opening opposite their property at 2812 North Alexander Drive. If
authorized, all costs associated with the design and construction
will be paid for by the Credit Union. These costs include the
preparation and submittal of construction plans conforming to City
of Baytown Building Code administered by the Engineering and
Inspection Department and meeting standard drainage, geometric,
and maintenance requirements of the Department of Public Works
and the Texas Department of Transportation. The proposed
location meets minimum spacing requirements for median openings
and will reduce congestion, and improve traffic safety and
operations. This construction was recommended by the Growth
Management and Development Advisory Commission. A sketch is
enclosed in the packet.
We recommend approval.
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Minutes of Regular Session — March 11, 1999
d. Proposed Ordinance No. 990311 -6, authorizes first and final
payment on the contract with Goose Creek Consolidated
Independent School District for Park Improvements at Ashbel Smith
School in the amount of $98,000. In 1997, approval was given to
accept Goose Creek Consolidated Independent School District's
request for a joint venture with the City which consisted of Ashbel
Smith's Recreational Facilities Agreement for purchase of
playground equipment. This venture allowed the School District to
seek bids to purchase and develop a park that would benefit both
the City and the School District. The Ashbel Smith Park Project is
complete. The School District is formally requesting reimbursement
from the City in the amount of $98,000 per the Joint Recreational
Facilities Agreement.
We recommend approval.
e. Proposed Ordinance No. 990311 -7, awards a housing rehabilitation
contract for 3305 Wisconsin to Investments Group, Inc., in the
amount of $22,745. Renovations included replacement of
damaged and deteriorated ceilings, walls, doors, flooring, sub -
flooring, and windows. The exterior work included replacement of
siding and foundation work. Substandard plumbing, electrical, and
HVAC will be replaced and installed in accordance to building code
specifications. Three bid packages were picked up and two were
returned. The office estimate was $24,299.
We recommend approval.
f. Proposed Ordinance No. 990311 -8, authorizes payment in the
amount of $11,000 to Texas Sounds for the 1999 Fourth of July
Celebration Entertainment Main Headliner (EMILIO). The 1999
Fourth of July Celebration is providing a spectacular
aftemoon /evening program. In the past, the celebration was an all
day event. A fireworks display which will rival last year's
spectacular 50th Anniversary Program will be the culminating event.
Funds will come from the Hotel /Motel Fund and budgeted funds.
More details of the celebration will be given during the work
session.
We recommend approval.
g. Proposed Ordinance No. 990311 -9, authorizes the expenditure of
grant funds for the amount of $99,418 and authorizes the matching
funds of the City of Baytown in the sum of $11,046. City Council
authorized acceptance of this grant from the Department of Justice
on December 10, 1998. One of the special conditions of the grant
is an Advisory Board, which convenes a public hearing and makes
recommendations for expenditure of the funds. The board held a
public hearing on February 18, 1999, and the Board hereby submits
its recommendations:
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Minutes of Regular Session — March 11, 1999
Audiovisual and Computer Equipment for
Baytown Police Academy
$ 15,000
Three Mobile Data Terminals
24,000
Digital Jail Camera System
47,744
Firearms Training System Module
5,000
624 Hours of Neighborhood and
Speed Alert Overtime
18,720
TOTAL $110,464
The funds can be used only for overtime and equipment but may
not supplant budgeted items.
We recommend approval.
h. Proposed Ordinance No. 990311 -10, awards the purchase of a
Versalift van - mounted personnel lift through the Federal General
Services Administration for HIDTA to Time Manufacturing in the
amount of $24,666. This will be paid from the HIDTA special
account.
We recommend approval.
i. Proposed Ordinance No. 990311 -11, awards a contract for
Municipal Service Center Repairs to Barker Industrial Services,
Inc., in the amount of $13,278. The repairs are necessary to utilize
the upstairs warehouse facility. Procedures were followed for
formal bids, but only one response was received. There is little
interest in the market on small structure jobs. Funds will come from
1991 bond funds. The amount budgeted was $17,000.
We recommend approval.
j. Proposed Ordinance No. 990311 -12, awards the annual repair
clamp contract to Golden Triangle Pipe for $73,527.40. Invitations
to bid were mailed to four suppliers and we received two bids. This
contract will be used by the Public Works Department for water and
sewer rehabilitation projects.
We recommend approval.
k. Proposed Resolution No. 990311 -1, approves the proposed
Mortgage Revenue Note Program of the Southeast Texas Housing
Finance Corporation (STHFC). This program, if approved by the
Texas Attorney General and all of the governmental entities on
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Minutes of Regular Session — March 11, 1999
whose behalf the bonds are issued, will allow STHFC to recapture
prepayment funds from previously issued single - family mortgage
revenue bonds and convert the prepayments into convertible notes
for use in generating new mortgages. The notes to be issued will
be termed Single - Family Mortgage Revenue Notes, Series 1999 -1,
and will be in an amount not to exceed $12,500,000. This program
furthers STHFC's efforts to provide financing to persons of low4o-
moderate income levels to purchase single - family residences. On
Friday, March 12, 1999, the STHFC will hold a public hearing
concerning the bonds. The STHFC does not expect any opposition
to the program and has requested that the city council approve the
issue, pending the public hearing, and authorize the mayor to
execute a general certificate and a certificate of highest elected
official both certificates evidencing the public's approval of the
proposed program. This resolution is contingent upon the City's
review of the minutes of the STHFC's public hearing ensuring that
no opposition to the program was voiced.
We recommend approval.
Council Member Escontrias moved to adopt the consent agenda items "a"
through "k." Council Member Hinds seconded the motion. The vote follows:
Ayes: Council Members Byford, Escontrias
Hinds, Godwin, and Sheley
Mayor Pro Tempore Almendarez
Nays: None
For bid tabulations, see Attachments "A" through "C."
ORDINANCE NO. 8534
AN ORDINANCE REMOVING THE TRAFFIC SIGNAL AT
NARCILLE STREET AND WARD ROAD; AUTHORIZING THE
PLACEMENT OF A TWO -WAY STOP SIGN ON NARCILLE
STREET AT THE WARD ROAD INTERSECTION; AUTHORIZING
THE POSTING OF PROPER SIGNS; REPEALING CONFLICTING
ORDINANCES; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF TWO HUNDRED
AND NO /100 DOLLARS ($200.00) FOR EACH VIOLATION
THEREOF; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
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Minutes of Regular Session — March 11, 1999
ORDINANCE NO. 8535
AN ORDINANCE AUTHORIZING FIRST AND FINAL PAYMENT
OF THE SUM OF NINETY -EIGHT THOUSAND AND NO /100
DOLLARS ($98,000.00) TO GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT FOR PARK
IMPROVEMENTS AT ASHBEL SMITH SCHOOL; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8536
AN ORDINANCE AWARDING THE CONTRACT FOR
COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO.
99-02 TO INVESTMENTS GROUP, INC., FOR THE SUM OF
TWENTY -TWO THOUSAND SEVEN HUNDRED FORTY -FIVE
AND NO /100 DOLLARS ($22,745.00); AUTHORIZING PAYMENT
THEREOF; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 8537
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST
TO A CONTRACT WITH TEXAS SOUNDS TO PROVIDE
PROFESSIONAL ENTERTAINMENT AT THE 1999 FOURTH OF
JULY CELEBRATION; AUTHORIZING PAYMENT BY THE CITY
OF BAYTOWN, THE SUM OF ELEVEN THOUSAND AND NO /100
DOLLARS ($11,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
ORDINANCE NO. 8538
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE EXPENDITURE OF
GRANT FUNDS IN THE AMOUNT OF NINETY -NINE THOUSAND
FOUR HUNDRED EIGHTEEN AND NO1100 DOLLARS
($99,418.00) FROM THE UNITED STATES DEPARTMENT OF
JUSTICE AND AUTHORIZING THE MATCHING FUNDS OF THE
CITY OF BAYTOWN IN THE SUM OF ELEVEN THOUSAND
FORTY -SIX AND NO/100 DOLLARS ($11,046.00) AS
RECOMMENDED BY THE LOCAL LAW ENFORCEMENT
BLOCK GRANT ADVISORY BOARD; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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Minutes of Regular Session — March 11, 1999
ORDINANCE NO. 8539
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWENTY -FOUR
THOUSAND SIX HUNDRED SIXTY -SIX AND NO /100 DOLLARS
($24,666.00) TO TIME MANUFACTURING FOR THE PURCHASE
OF A VERSALIFT VAN - MOUNTED PERSONNEL LIFT; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8540
AN ORDINANCE ACCEPTING THE BID OF BARKER
INDUSTRIAL SERVICES, INC., FOR REPAIRS AT THE
MUNICIPAL SERVICE CENTER AND AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN, THE SUM OF THIRTEEN
THOUSAND TWO HUNDRED SEVENTY -EIGHT AND NO1100
DOLLARS ($13,278.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
ORDINANCE NO. 8541
AN ORDINANCE ACCEPTING THE BID OF GOLDEN TRIANGLE
PIPE FOR THE ANNUAL REPAIR CLAMP CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF SEVENTY -THREE THOUSAND FIVE HUNDRED
TWENTY -SEVEN AND 401100 DOLLARS ($73,527.40); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1385
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING THE SINGLE FAMILY
MORTGAGE REVENUE NOTE PROGRAM OF THE SOUTHEAST
TEXAS HOUSING FINANCE CORPORATION; DIRECTING THE
MAYOR, SUBJECT TO THERE BEING NO OPPOSITION
LODGED AGAINST THE PROGRAM AT THE IMPENDING
PUBLIC HEARING OF THE CORPORATION, TO EXECUTE THE
APPROPRIATE CERTIFICATES EVIDENCING THE APPROVAL
OF THE SAME; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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Minutes of Regular Session — March 11, 1999
Consider Appointment to the Baytown Area Community Long -Range
Planning Commission
Council Member Sheley moved to appoint Ken Roach to the Commission
to fill Mike Basham's term which expires January 1, 2001. Council Member
Escontrias seconded the motion. The vote follows:
Ayes: Council Members Byford, Escontrias
Hinds, Godwin, and Sheley
Mayor Pro Tempore Almendarez
Nays: None
City Manager's Report
City Hall Telephone System
There have been some problems with the telephones, but GTE is working
to resolve those by tomorrow.
Hotel /Conference Center Contract
The administration has a letter from Bill Edmundson. He is working with
two entities for financing, First American Bank and Heller Company. He flew to
Atlanta yesterday to meet with Heller Company on the financing. This was held
up because the submission for the Baytown Hilton included the Sugar Land
Hilton in order to meet sizing needs. The appraiser is completing some details
on the Sugar Land appraisal, and we should have the term sheet within ten days
to two weeks. Once the term sheet is in place, the commitment follows within
thirty days. When we receive the term sheet, we can lay out our logistical time
sheet. Hopefully, this will be resolved at the next Council meeting.
Sterling Municipal Library Grant
The library has received a $75,000 technology grant. Denise Fischer is
doing an outstanding job. Our Internet access will be increased from eleven to
eighteen. Also, the library received a $2,500 grant from Texas' First Lady Laura
Bush's Book Festival Award. Lisa Coker wrote that grant, and we are very proud
of that.
BAWA Emergency Project on Interstate 10
The emergency project has been completed. It was a weekend job, and
,, BAWA employees: Mark LeBlanc, Rodney Sellers, Henry Powell, Paul Locket,
Don Johnson, Jerry Seal, John Garcia, Calvin Redeaux, and Johnny Malone
990311 -15
Minutes of Regular Session — March 11, 1999
worked twenty -five hours straight to complete this. It takes a lot of dedication to
go in and work twenty -five hours straight to get the job done. These employees
work for Fred Pack, Director of Utilities for the City of Baytown.
Baytown 2020 Kickoff
The Baytown 2020 Kickoff is March 15, 1999, in the auditorium of the
Community Building.
Traffic Calming
Traffic calming should be on the Growth Management meeting agenda for
March 1999. Shortly thereafter, it should come to Council.
Police Academy
The administration met with Dr. Sasser to discuss different locations that
might serve on their property. Dr. Sasser will meet with his Board on March 18.
Mayor Pro Tempore Almendarez Remarks
Mayor Alfaro's grandaughter, Mikaela Elizabeth Rodriquez, was born
March 10 at 6:47 p.m., weighing eight - pounds three - ounces, twenty- inches long.
Council Member Sheley's Remarks
On March 20 there will be a District 2 meeting involving the Juvenile Probation
Administration at 220 West Defee from 9:00 a.m. until 10:00 a.m.
Mayor Pro Tempore Recessed the Meeting at 7:25 p.m. for 5:00 Minutes
Meeting Reconvened at 7:30 p.m.
Consider request of Mrs. Dorothy Powell for rehearing of appeal of the
Urban Rehabilitation Standards Review Board's decision to demolish
structures at 410 Laredo and or 410 =/z Laredo Street
Ms. Powell's attorney, Don R. Caggins, has requested a rehearing on Mrs.
Powell's appeal of the decision of the Urban Rehabilitation Standards Review
Board's order to demolish structures at 410 Laredo and /or 410 '/s Laredo. Mrs.
990311 -16
Minutes of Regular Session — March 11, 1999
Powell had retained Mr. Caggins to represent her but did not send Mr. Caggins a
copy of the letter informing her of the time, date, and place of the appeal hearing.
Apparently, Mrs. Powell was confused as to the location of the hearing. Mrs.
Powell and her attorney had gone to the Community Building because that is
where the Urban Rehabilitation Standards Review Board had met. They were on
the City Hall Complex before 6:00 p.m. but not at the proper location. The
administration recommended rehearing on Mrs. Powell's appeal.
Council Member Hinds moved to rehear the appeal. Council Member
Godwin seconded the motion. The vote follows:
Ayes: Council Members Byford, Escontrias
Hinds, Godwin, and Sheley
Mayor Pro Tempore Almendarez
Nays: None
Hold Appeal Rehearing on the Urban Rehabilitation Standards Review
Board Order to Demolish Structures at 410 Laredo and /or 410 -112 Laredo
Described as: Office /House; Laundry Room; Metal Building 410 -/2 Laredo
No. 3 and 410 -1/2 Laredo No. 13
Mayor Pro Tempore Almendarez called to order the rehearing of the
appeal of the decision of the Urban Rehabilitation Standards Review Board of the
City of Baytown to demolish structures at 410 Laredo and /or 410 -1/2 Laredo
Street. He stated that the appeal was being held at the request of Mrs. Dorothy
Powell the owner of the property. He asked Mrs. Powell if she wished to pursue
her appeal.
Don Caggins, attorney for Mrs. Dorothy Powell, said that Mrs. Powell did
wish to pursue her appeal.
Mayor Pro Tempore Almendarez said that as with all hearing before City
Council, the rules of evidence would be informal, and he asked both parties to
refrain from using irrelevant or redundant testimony. He asked if either party had
witnesses who would testify.
Don Caggins read Council a Motion to Dismiss concerning the Order of
the Urban Rehabilitation Standards Review Board.
The City Manager, upon advice of legal council, stated that the only item
on the agenda was the rehearing of the appeal and that it was necessary to
proceed with the rehearing. He recommended that Council deny the motion and
proceed with the rehearing.
990311.17
Minutes of Regular Session — March 11, 1999
Council Member Hinds moved to deny the motion and proceed with the
hearing. Council Member Escontrias seconded the motion. The vote follows:
Ayes: Council Members Byford, Escontrias
Hinds, Godwin, and Sheley
Mayor Pro Tempore Almendarez
Nays: None
Mayor Pro Tempore Almendarez administered the oath to witnesses who
would testify. He said that the hearing would proceed with each side allowed two
minutes for opening statements starting with Mrs. Powell.
Mr. Caggins declined to make an opening statement, and the City
Manager was asked to begin.
The City Manager stated that the administration had been working with
Mrs. Powell since September 1998. He said that City staff had met with Mrs.
Powell numerous times to discuss code violations at the park and to provide
technical assistance for complying with City procedures. He said that several
extensions were granted in an effort to assist Mrs. Powell with compliance.
Mrs. Powell testified that she had done about sixty percent of the work
required and needed another extension to finish.
The City Manager testified as to the continuing code violations on Mrs.
Powell's property and passed photographs of the location at 410 Laredo and
410 -112 Laredo to the members of Council. He also noted that the City had
received numerous citizen complaints about the condition of the Waterview
Mobile Home Park at 410 Laredo which prompted enforcement. On September
30, 1998, City of Baytown personnel inspected the mobile home park. Numerous
code violations were found: high grass, excessive weeds, junk cars, and piles of
concrete debris were noted. Open sewer lines and faulty plumbing and electrical
service were noted throughout the park. Four of Mrs. Powell's trailers and the
laundry room were red tagged, because they were substandard and did not meet
the Baytown Building Code. Mr. Mercer reviewed the various actions concerning
Waterview Mobile Home Park as follows:
Minutes of Regular Session — March 11, 1999
Date
Action
990311 -18
September 30, 1998 Initial inspection by City personnel.
Four trailers and the laundry room were red
tagged.
October 16, 1998 Certified letter mailed
October 23, 1998 Meeting with Don Powell, Dorothy Powell's son.
Time line set for code compliance.
November 12, 1998 Meeting with Dorothy Powell and Bobby
Rountree. Mr. Rountree asked for a detailed
list of repairs.
November 19, 1998 Re- inspection by City. No code compliance
work started on unsecured red - tagged
structures.
November 20, 1998 Dorothy Powell submitted an incomplete list of
repairs for the laundry room.
December 21, 1998 Dorothy Powell met with City Manager and
staff. Detailed list of repairs requested.
December 29, 1998 Dorothy Powell submitted an incomplete list of
repairs.
January 13, 1999 City Manager granted an extension to January
15 for submission of the repair list.
January 15, 1999 City Manager granted another extension to
January 19 for submission of the repair list.
January 19, 1999 Deadline for submission of the repair list was
not met.
City re- inspected the red - tagged units. The
units had not been brought into compliance.
Notices of violation were posted.
January 20, 1999 Notices of Violation mailed.
February 1, 1999 Urban Rehabilitation Standards Review Board
meeting, by unanimous vote, ordered the
demolition of all red - tagged units.
990311 -19
Minutes of Regular Session — March 11, 1999
Date Action
February 1, 1999 Orders to demolish mailed with appeal
information.
February 9, 1999 Don Powell filed an appeal on Units 3, 13, the
laundry room, the house office, and the metal
building.
Unit
Code Violations
Unit No. 3 Foundation rotting in numerous places. Exterior
walls deteriorated with holes, buckling, and rot.
Roof rotting and partially covered by a plastic
sheet. Holes in the skin of the trailer. Unsanitary,
unsafe, and a hazard to the health and safety of
occupants and /or the public. Electrical and
plumbing system not in compliance. Inadequate
steps; no floor; debris. The damage comprised
over thirty -three percent of the unit's foundation.
Unit No. 13 Holes in the siding and siding popping off. No
interior walls; wiring exposed; windows covered;
exterior walls deteriorating. Electrical and
plumbing systems not in compliance. The damage
comprised over thirty -three percent of the unit's
foundation.
Laundry Room One -room, frame structure on slab. Roof has no
covering. Foundation cracked.
House Office Deteriorated foundation; roof has no shingles and
is sagging.
Metal Building Foundation deteriorated; exterior wall damaged.
The City Manager stated that the City cannot issue permits for extensive
repairs to mobile homes built before 1976.
In his closing statement, Mr. Caggins reiterated that his motion for
dismissal should be granted.
990311 -20
Minutes of Regular Session — March 11, 1999
Consider Affirming, Reversing, or Modifying the Decision of the Urban
Rehabilitation Standards Review Board to Demolish the structures Located
at 410 Laredo and/or 410 -112 Laredo
Council Member Hinds moved to affirm the decision of the Urban
Rehabilitation Standards Review Board to demolish the structures located at 410
Laredo and /or 410 -112 Laredo. Council Member Godwin seconded the motion.
Mayor Pro Tempore Almendarez said that this property is located in his
Council District and that he has received numerous complaints about the
condition of the property. The vote follows:
Ayes: Council Members Byford, Escontrias
Hinds, Godwin, and Sheley
Mayor Pro Tern Almendarez
Nays: None
Adjourn
As there was no further business to be transacted, the meeting was
adjourned.
Yw.
Eileen P. Hall, City Clerk
CITY OF BAYTOWN
BID TABULATION
Title: Jigusing Rehab
Bid: 99-01
Date: 311199
Time: 10:00 a.m.
Investment : Grou
Colts Develo ment
Masse Tom kips
12109 Poulson
Ba own TX 77521
Houston TX
Descri tion
PRICE
PRICE
PRICE
PRICE
PRICE
Bid Packa e # 1
Pro'ect #99 -01 ER
$5,730.00
$5,506.00
209 W. Humble
Pro'ect #99 -02
$22,745.00
$22,995.00
3305 Wisconsin
Pro'ect 99 -03
No Bid
$25,370.00
1017 Daniel
TITLE;
BID #:
DATE:
CITY OF BAYTOWN
BID TABULATION
MUNICIPAL SERVICE CENTER REPAIRS
9902 -12
MARCH 5, 1999
2:00 P.M.
Attachment "B"
NO. I
QTY.
UNIT
DESCRIPTION
BARKER'S INDUSTRIAL SERVICES, INC
UNIT PRICE
EXT. PRICE
1
I
lot
Municipal Service Center Repairs
13,278.00 13,278.00
to Central Warehouse
LOCATION:
BAYTOWN, TEXAS
DELIVERY:
30 DAYS ARO
Mailed one bid and received one bid.
Repairs are necessary to utilize upstairs area in warehouse facility. It is very difficult to find parties
interested in bidding on small structural jobs. Followed all procedures for formal bids and received
only one response. Budgeted amount: $17,000.00.
slh/9902 -12 TABULATION MUNICIPAL SERVICE CENTER RffFR§ 280Q9 318/99 9:42 AM
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NO. QTY. UNIT
21 20 each 1 -1�2" x 3"
22 20 each l -1/2" s 6"
23 40 each 2" x 3"
24 75 each 2" x b"
SECTION 111 -ITEMS #25-33
TAPPING SADDLES
DESCRIPTION
ACT PIPE &SUPPLY
GOLDEN TKIANGLE
2" X 3/4 CC (CI, PVC, STEEL)
GOLDEN TRIANGLE
UNIT PRICE
EXT. PRICE
UNIT PRICE
EXT. PRICE
UNIT PRICE
E,KT. PRICE
cacti
10.80 216.00
10.55 211.00
10.15 203.00
21.30 42G.00
20.85 417.00
27
19.65 393.00
each
11.76 470.40
11.50 460.00
14.95 747.50
10.85 434.00
14.52 726.00
21.86 I,G39.S0
21.40 1,605.00
40
20.55 7,541.25
%increase/
�%
6%
6%
d%
25
100
each
2" X 3/4 CC (CI, PVC, STEEL)
15.50 1,550.00
ISIS 1,515.00
15.03 1,503.00
!%
26
50
cacti
2" X l" CC (CI, PVC, STEEL)
15.50 775.00
15.15 757.50
15.03 751.50
!%
27
50
each
4" X 314" CC (PVC SCHED 40, STEEL, CI, C900)
1 5.28 7b4.00
14.95 747.50
14.52 726.00
3%
28
40
each
4" X 1 CC (PVC SCHED 40, STEEL, CI, C900)
15.28 611.20
14.95 598.00
14.52 580.80
.i%
29
60
each
4" X 314" CC (CI, C900, AC)
l 5.64 938.40
14.90 894.00
14.86 891.60
I1 %
30
50
cacti
4" X 1" CC (Cl, C900, AC)
I S.G4 782.00
15.30 765.00
14.86 743.00
3%
31
75
each
6" X 314" CC (CI, C900, AC)
18.20 1,3b5.00
17.80 1,335.00
17.55 1,316.25
!%
32
50
each
6" X 1" CC (CI, C900, AC)
18.20 910.00
17.80 890.00
17.55 877.50
!%
33
50
each
8" X 314" CC (ALL)
21.60 1,080.00
21.15 1,057.50
20.80 1,040.00
1%
JGIr 11V1V l V - 11 LMS Ff34 -36 GOLLAK LEAKS 1
34
10
each
2" x 7 -112"
26.61 26b.10
26.05 260.50
24.75 247.50
S%
35
10
each
3" x 7 -112"
30.80 308.00
30.16 301.60
28.70 287.00
S %
36
10
each
4" x 7 -112"
34.69 346.90
33.95 339.50
32.32 323.20
S%
SEC "I "lON V -BELL JOINT CLAMPS -Items f137 -39 I
37
6
each
4" Bell Joint Clamp C -900
67.18 403.08
G5.00 390.00
62.59 375.54
d%
38
6
each
6" Bell Joint Clamp C -900
73.49 440.94
71.00 426.00
68.47 410.82
d%
39
6
each
8" Bell Joint Clamp C -900
103.08 6l 8.48
98.00 588.00
96.04 576.24
1
FULL CIRCLE CLAMPS (SEC. VI &VII)
SECTION VI -FULL CIRCLE (SINGLE BAND) -Items #40 -58
A. To fit Schedule 40 PVC nine.
40
220
each
2" x 7 -112"
23.55 5,181.00
23.10 5,082.00
22.05 4,851.00
S%
41
30
each
2" x IZ -l2"
41.81 1,254.30
40.90 1,227.00
37.27 1,118.10
!0%
42
25
each
2" x 15"
48.10 1,202.50
47.10 1,177.50
45.00 1,125.00
S%
43
2
each
2- 112" x 7 -1/2"
25.58 51.16
24.35 48.70
24.05 48.10
!%
44
10
each
3" x 7 -1/2"
27.98 279.80
27.40 274.00
26.34 263.40
J%
45
12
each
3" x 12"
46.44 557.28
45.50 546.00
43.70 524.40
�1%
B. To tit cast iron and 0900 PVC pipe.
46 45 each 4" x 7 -1/2" 31.82 1,431.90 3 l .15 1,401.75 29.95 1, 347.75 d%
47 120 each 6" x 7 -112" 37.54 4,504.80 36.75 4,410.00 35.15 4,218.00 S%
slh/ � TABULATION ANNUAL REPAIR CLOMPS CONTRACT.xIs Page 2 014 3l 3 :07 PM
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ACT PIPE &SUPPLY GOLDEN TRIANGLE
NO. QTY. UNIT DESCRIPTION UNIT PRICE EXT. PRICE UNIT PR1CF. EXT. PRICE
SECTION VI11- ITEI►1 #76
4" to 12" FLEX SADDLE TEES, 4" INLET WITH STAINLESS STEEL SNAPLOCK BANDS.
76 100 each flex Saddle Tccs, 4" inlet 19.23 1,925.00 17.00 1,700.00
GOLDEN TRIANGLE ° /increase/
UNIT PRICE Ea T. PRICF, decrease
16.00 1,600.00 � 6% �
75,263.34 �► 73,527.40 I 70, 783.06
HOUSTON, TX. I3EAUMONT, TX
10 DAYS ARO 10 DAYS ARO
Mailed 4 bids and received 2 bids. There arc three distributors of Smith Blair in our area. The quantities of this contract arc not large enough for the manufacturer to bid.
Phis year's contract is a 4 %increase overall compared to last year's contract due to the manufacturer's price increase to all distributors.
Item #43 was reduced, and Item #76 ►vas increased per department's request. All other quantities remained the same as last year.
slh/t � TABULATION ANNUAL REPAIR CLAMPS CONTRACT.xIs Page 4 of 4 3 3:07 PM
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