2001 04 12 CC Minutes, SpecialSW
MINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 12, 2001
The City Council of the City of Baytown, Texas, met in special session on April 12, 2001, at 5:30 p.m.
in the Council Chamber of the Baytown City Hall with the following in attendance:
Victor Almendarez
Council Member
Scott Sheley
Council Member
Ronnie Anderson
Council Member
Calvin Mundinger
Council Member
Don Murray
Council Member
Coleman Godwin
Council Member
Pete C. Alfaro Mayor
Monte Mercer City Manager
Ignacio Ramirez, Sr. City Attorney
Gary W. Smith City Clerk
The meeting was opened with a quorum present and Council Member Murray led the pledge of
allegiance and offered the invocation after which the following business was conducted:
Mayor Alfaro recognized the student from Ms. White's government class.
Consider approval of minutes for the work session and regular meeting held on March 22, 2001,
and the minutes for the special meetings held on March 26, April 5, and April 9, 2001.
Council Member Almendarez moved approval of the minutes of the work session and regular meeting
held on March 22, 2001. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley
Mayor Alfaro.
Nays: None.
The motion carried.
Council Member Almendarez moved approval of the minutes of the special meetings held on March 26,
April 5, and April 9, 2001. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley
Mayor Alfaro.
Nays: None.
The motion carried.
Page 2 of 12
Minutes of the Special Session —April 12, 2001
Consider Proposed Ordinance No. 010412 -01, setting the date, time, and location for a public
hearing on the proposed amendment to Chapter 126 "Subdivision," Article IV "Improvements,"
Division 1 "Generally," Section 126 -456 "Guarantee" of the Code of Ordinances, prescribing
when a guarantee will be required.
Proposed Ordinance No. 010412 -01 sets the date, time and place for a public hearing on April 26, 2001 at
6:45 p.m. in the Council Chamber of City Hall concerning the proposed amendment to Chapter 126
"Subdivision," Article IV "Improvements," Division 1 "Generally," Section 126 -456 "Guarantee" of the
Code of Ordinances, prescribing when a guarantee will be required. This proposed amendment would not
require a developer to issue a letter of guarantee that all materials and workmanship in connection with the
required improvements are free of defects for a period of one year after their acceptance unless the
improvements covered by the guarantee:
(1) are in a subdivision within the city limits; or
(2) are in a subdivision within the extraterritorial jurisdiction of the city and either:
a. within an area listed in the City's annexation plan to be annexed during the
guarantee period; or
b. otherwise scheduled to be annexed within the guarantee period.
On March 21, 2001 the Growth Management and Development Advisory Commission reviewed the
proposed change and unanimously recommends the same to the City Council.
Council Member Sheley moved approval of the ordinance. Council Member Murray seconded the
motion. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9136
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING A
DATE, TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED AMENDMENT TO
THE RULES GOVERNING PLATS AND SUBDIVISIONS OF LAND WITHIN THE CITY OF
BAYTOWN AND ITS EXTRATERRITORIAL JURISDICTION PRESCRIBING WHEN
GUARANTEES ARE REQUIRED; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Proposed Ordinances 010412 -2 and 010412 -3 were considered together.
Consider Proposed Ordinance No. 010412 -02, the final reading of the ordinance annexing
property currently within the extra - territorial jurisdiction of the City of Baytown and being a
1.961 -acre tract located on Hunt Road east of and adjacent to Hunt Garden Apartments.
Proposed Ordinance 010412 -02 is the final reading for annexation of a 1.961 -acre tract of land owned
by Chris Presley and proposed for development with townhouses. Mr. Presley has filed and the City
Page 3 of 12
Minutes of the Special Session —April 12, 2001
Council has approved a petition to annex this property. The property is presently vacant, but
development will proceed promptly after annexation. In accordance with state law, two public hearings
were held on the proposed annexation on January 25, 2001. The proposed ordinance was approved at its
first reading on February 22, 2001 and was published in the Baytown Sun on February 27, 2001. More
than thirty days have elapsed since publication of the ordinance and the ordinance can be considered for
final action.
Consider Proposed Ordinance No. 010412 -03, placing the 1.961 -acre tract located on Hunt Road east
of and adjacent to Hunt Garden Apartments in Council District No. 4.
Proposed Ordinance No. 010412 -03 places the newly annexed territory in a council district. Upon
annexation of the new territory, the City Council must place the tract in the proper council district. Since
the 1.961 -acre tract of land on Hunt Road east of and adjacent to Hunt Garden Apartments is only
contiguous to Council District No. 4, the newly annexed territory should be placed in Council District No.
4.
Council Member Sheley moved approval of the ordinances. Council Member Murray seconded the
motion. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9113
AN ORDINANCE PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF
THE CITY OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 1.961 -ACRE TRACT OF
PROPERTY ON HUNT ROAD, EAST OF AND ADJACENT TO HUNT GARDEN APARTMENTS;
WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY
LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
ORDINANCE NO. 9137
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN ADDING A 1.961 -
ACRE TRACT LOCATED ON HUNT ROAD EAST OF AND ADJACENT TO HUNT GARDEN
APARTMENTS TO COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 010412 -04, approving Change Order No. 1 on Work Order No.
7 and approving final payment and acceptance of the work on work on the Annual Sanitary Sewer
Rehabilitation project — Year 2000.
Page 4 of 12
Minutes of the Special Session —April 12, 2001
Proposed Ordinance No. 010412 -04, approves Change Order No. 1 to adjust final quantities in the
amount of $3,395 and approves final payment of $10,907.80 to P.M. Construction and Rehabilitation,
L.P. and accepts Work Order No. 7 of the Annual Sanitary Sewer Rehabilitation Project — Year 2000.
Work Order 7 included pipe bursting, manhole replacement, cleaning and videoing of sewer lines on
Civic Drive, Ontario Street, and Missouri Street. The original work order amount was $72,888 and the
final contract amount is $76,283, which represents a 4.7% cost growth. The cost growth was largely due
to additional service connections and the replacement of 37 feet of sewer line. The original contract
duration was 15 working days and the contractor completed the work in 14 working days. The
contractor's workmanship was satisfactory. This work was funded by 2000 Certificates of Obligation.
Council Member Almendarez moved approval of the ordinance. Council Member Anderson seconded
the motion. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9138
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 1 TO WORK ORDER NO.7 WITH P.M.
CONSTRUCTION AND REHABILITATION, L.P., TO ADJUST THE FINAL UNIT BID
QUANTITIES FOR THE ANNUAL SANITARY SEWER REHABILITATION PROJECT - YEAR
2000; AUTHORIZING FINAL PAYMENT OF THE SUM OF TEN THOUSAND NINE HUNDRED
SEVEN AND 80/100 DOLLARS ($10,907.80) TO P.M. CONSTRUCTION AND REHABILITATION,
L.P., FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider approving plans and specifications and authorizing advertisement for bids for the West
Main Street Sanitary Sewer Rehabilitation project.
Consider approving plans and specifications and authorizing advertisement of the West Main Street
Sanitary Sewer Rehabilitation project. The scope of work includes construction of a 24 -inch sanitary
trunk sewer and associated appurtenances on West Main Street from Barrymore to Lee Drive. Existing
sanitary sewers will be abandoned in place and all associated lateral sewers and services will be
transferred to the new 24 -inch line after construction and testing. Estimated construction cost is
$443,300 and will be funded by 2000 Certificates of Obligation. Construction duration is 120 calendar
days.
Council Member Almendarez moved approval of the ordinance. Council Member Mundinger seconded
the motion. Fred Pack, Assistant City Manager/Public Services, explained that multiple smaller lines
had served the area. The smaller lines will be abandoned after the new trunk line is installed. The vote
follows:
Page 5 of 12
Minutes of the Special Session —April 12, 2001
Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley
Mayor Alfaro.
Nays: None.
The motion carried.
Consider approving plans and specifications and authorizing advertisement for bids for the
construction of Baytown Nature Center Texas Parks and Wildlife project.
Consider approving the plans and specifications and authorizing advertisement for bids for the
construction of Baytown Nature Center Texas Parks and Wildlife project. The project will include the
construction of several items in the Nature Center including: Walking trails, parking lots, a 600 foot
surge barrier and wetlands creation at San Jacinto Point, two fishing piers, picnic sites, benches, salt-
water marsh observation platform, a 1 -%Z acre fresh -water pond with an observation platform, a
butterfly/hummingbird garden, fitness stations, horse shoe pits, and an educational pavilion at Wooster
Point. Construction is expected to take 150 working days.
The Baytown Nature Center Sub - committee has reviewed the project and recommends approval. The
Parks and Recreation Advisory Board approved the plans and specifications on April 5, 2001.
The project is estimated to cost $510,000, with $125,000 from the 1999 Certificates of Obligation,
$375,000 from the Texas Parks and Wildlife Department Texas Recreation and Parks Account, and
$15,000 from a grant from the Galveston Bay Estuary Program.
Council Member Mundinger moved approval of the ordinance. Council Member Sheley seconded the
motion. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley
Mayor Alfaro.
Nays: None.
The motion carried.
Consent Agenda
a. Proposed Ordinance No. 010412 -05 authorizes an Industrial District Agreement with
Ecolochem, Inc., for a seven -year period. This is the first such agreement with
Ecolochem, Inc., whose manufacturing/processing plant is located in Cedar Crossing
Business Park within Industrial District No. 3.
b. Proposed Ordinance No. 010412 -06 authorizes the purchase of two Ford Crown Victoria
automobiles through Houston - Galveston Area Council for a total cost of $42,668.02 for
the Harris County Organized Crime and Narcotics Task Force (H.C.O.C.N.T.F.). The
vehicles will be used by the Task Force as Interdiction/Prisoner transport vehicles and
will replace two high mileage existing vehicles. No City funding will be involved.
Page 6 of 12
Minutes of the Special Session —April 12, 2001
C. Proposed Ordinance No. 010412 -07 authorizes the purchase of two additional community
warning sirens for $52,876 from Acoustic Technologies Inc (ATI). This is a sole source
purchase to match our existing system. The pricing of the units remains the same. This
purchase is funded by a 50% Division of Emergency Management grant and the CIPF,
which will be repaid in future budgets. The sirens will be installed in the areas of San
Jacinto Mall and Chaparral Village Subdivision. This will bring the number of City -
owned sirens to 14. These are combined with 15 industry-owned sirens to form a single
warning network. Two additional sirens are needed to complete the installation of this
system. A map of the Community Warning System is enclosed in the packet.
d. Proposed Ordinance No. 010412 -08 awards the first year renewal of the annual safety
equipment contract to Applied Safety Products, Inc., in the amount of $19,131.74. Applied
Safety Products, Inc., has submitted a written request to exercise their option to renew the
current contract with the allowable CPIU 3.7% increase. Existing quantities remain the
same. This annual contract consists of a various assortment of safety supplies for all
departments within the City to be stocked in the Central Warehouse.
e. Proposed Ordinance No. 010412 -09 awards the annual oil and grease contract to Apache
Oil Company, in the amount of $20,277.12. Invitations to bid were mailed to seven
suppliers and we received four responses and one no -bid. This year's awarded contract is
a 12.67% increase compared to last year's contract. This contract will be used by various
City garages.
The apparent low bidder, Jones Oil, Inc., specified minimum orders that are too large for
the individual garages to order and stock on a regular basis. In addition, Jones Oil will
hold prices firm for 60 days only. Therefore, the apparent second low bidder is
recommended for award of bid.
f. Proposed Ordinance No. 010412 -10 awards the bid for the purchase of one front -end
loader with box blade from Carruth - Doggett Industries, in the amount of $34,370.00.
Invitations to bid were mailed to nine suppliers and we received five responses. No -bids
were submitted from Prime Equipment, Mustang Tractor and Equipment, and Allied
Power Mart. The front -end loader is a 2000 Case 570 L -XT which will replace a 1986
Case 580 Super E front -end loader unit #593. This equipment will be used by the Parks
and Recreation Department.
g. Proposed Ordinance No. 010412 -11 amends Chapter 18 "Buildings and Building
Standards," Article III "Electrical Code" Division 6 "Standards," Section 18 -431
"Compliance with article, electrical code and utility company specifications" and Section
18 -432 "Technical Specifications" of the Code of Ordinances to adopt the 1999 edition of
the National Electrical Code, to designate the entity that may disconnect the service
connection, to allow additional materials to be used to install electrical wiring, and to
delete or otherwise conform other provisions to the code adopted. On April 3, 2001 the
Baytown Electrical Board reviewed the proposed changes and unanimously recommends
the same to the City Council.
Page 7 of 12
Minutes of the Special Session —April 12, 2001
h. Proposed Ordinance No. 010412 -12 alters the prima facie speed limits on portions of
State Highway 146 and Business 146 within the corporate limits of the City of Baytown.
The changes are reflected on a chart included in the packet.
The Texas Department of Transportation has conducted a traffic study for the roadways
and proposes the new speed limits. TxDOT will post the new limits without regard to
Council's actions. The ordinance will allow our Police Department to enforce the new
speed limits.
Proposed Ordinance No. 010412 -13 authorizes a contract for the sale of approximately
six acres to Cedarcrest Cemetery in the amount of $20,000. This property is owned by
the City and is located outside the city limits. The City desires to sell only approximately
six acres of the tract and to keep the property along the shoreline of Cedar Bayou. Thus,
the property will have to be subdivided in accordance with Chapter 126 of the Code of
Ordinances. The contract authorizes the City to sell the acreage for $20,000, which was
the highest bid received for the property. Cedarcrest Cemetery has deposited $1,000 with
the City to be used to obtain the requisite survey and a plat, which plat will be presented
for approval to the Growth Management and Development Advisory Commission. The
property will close on May 30, 2001 or seven days after such approval by the
Commission, whichever is later.
j. Proposed Ordinance No. 010412 -14 amends Ordinance No. 9112, adopted on February
22, 2001, (which amended Ordinance 9111, adopted on February 8, 2001) to name a
replacement for the judge of Central Counting. The previously named judge of Central
Counting has reported his inability to serve. Jon Pfennig has agreed to serve in his place.
k. Proposed Resolution No. 010412 -01, waives, in part, the requirement that certain
appurtenances be removed from property located at 300 Barnes Street and conveyed to
ExxonMobil Corporation on April 13, 2000. The deed without warranty conveying this
property contained the following language:
It is further expressly understood and agreed that if the water tower and all related
appurtenances are not removed within one year after the date hereof as required
herein, Grantor shall have the right to reenter and assume ownership of the property
described in this conveyance, it being the intent of Grantor to convey the right, title
and interest described on a condition subsequent; and
U.S. Geological Survey has requested ExxonMobil Corporation to consent to its
continued use of the water well, two extensometers enclosed in gage- houses, and six
piezometers on the property. ExxonMobil has, in turn, requested that the above -
referenced condition subsequent be waived to the extent requested by U.S. Geological
Survey. As such, this proposed resolution waives the City's right to reenter and assume
ownership of the property based upon the failure to remove the items requested to be
allowed to remain by U.S. Geological Survey.
Page 8 of 12
Minutes of the Special Session —April 12, 2001
1. Proposed Resolution No. 010412 -02 requests the sheriff or constable to sell certain
property at a public sale pursuant to Section 34.05(c) of the Texas Tax Code. In 1997,
the Legislature amended the Tax Code to allow taxing entities to sell via a public sale
property held by a taxing entity as a result of the receipt of an insufficient bid at a tax
foreclosure sale. At a public sale, the property will be sold at a public auction at the
courthouse door of the county on the first Tuesday of the month, between the hours of
10:00 a.m. and 4:00 p.m. The acceptance of a bid at such a sale is conclusive and binding
on the question of its sufficiency. As such, it is believed that this process will provide the
City an efficient mechanism for (i) returning deteriorated or unproductive properties to
the tax rolls, (ii) enhancing the value of ownership to the properties neighboring those
which have been bid off to the City in tax foreclosure sales, and (iii) improving the safety
and quality of life throughout the City. This resolution authorizes the sale of the
following property: Highway 146. The right of redemption has expired on the properties
and the properties contain no improvements.
M. Proposed Resolution No. 010412 -03 authorizes the City Manager to accept a grant from
the Office of National Drug Control Policy in conjunction with the High Intensity Drug
Trafficking Area project to accept an award of $896,908. This agreement renews the
grant from the Department of Justice for funding of the High Intensity Drug Trafficking
Area project for the period of January 1, 2001 through December 31, 2001. The City has
received this grant since October of 1995. There are no City funds involved.
n. Consider rejecting all bids for the boat ramp at the Eddie V. Gray Wetlands Education
and Recreation Center. We received one responsible bid of $783,374. The architect's
estimated construction cost was $473,125. The project is being reevaluated by City staff.
o. Consider rejecting all bids for the Lincoln Cedars Park Construction project. We
received one responsive and responsible bid of $270,751. The engineer's estimated
construction cost was $130,000. The project is being re- evaluated by City Staff.
Mayor Alfaro announced that item "h" had been withdrawn from consideration. Council Member
Sheley moved approval of the Consent Agenda, items a through g and i through o. Council Member
Almendarez seconded the motion. In response to inquiries from City Council, City Manager Mercer
explained that a prior City Council had decided that appraisals for property in Baytown in Chambers
County would be done by the Harris County Appraisal District, to provide uniformity in appraisals. He
also explained the reasons for the variations between the construction estimates and the bid amounts on
the boat ramp project and the Lincoln Cedars Park project. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley
Mayor Alfaro.
Nays: None.
The motion carried.
Page 9 of 12
Minutes of the Special Session —April 12, 2001
ORDINANCE NO. 9139
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE
CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH ECOLOCHEM,
INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9140
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING THE
PAYMENT OF FORTY -TWO THOUSAND SIX HUNDRED SIXTY -EIGHT AND 02 /100
DOLLARS ($42,668.02) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE
OF TWO VEHICLES FOR THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS
TASK FORCE; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9141
AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF FIFTY -TWO THOUSAND
EIGHT HUNDRED SEVENTY -SIX AND NO /100 DOLLARS ($52,876.00) TO ACOUSTIC
TECHNOLOGIES, INC., AS THE SOLE SOURCE FOR TWO (2) COMMUNITY WARNING
SIRENS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9142
AN ORDINANCE RENEWING THE CONTRACT OF APPLIED SAFETY PRODUCTS, INC., FOR
THE ANNUAL SAFETY EQUIPMENT CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF NINETEEN THOUSAND ONE HUNDRED THIRTY -ONE
AND 74/100 DOLLARS ($19,131.74); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9143
AN ORDINANCE ACCEPTING THE BID OF APACHE OIL COMPANY FOR THE ANNUAL OIL
AND GREASE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN,
THE SUM OF TWENTY THOUSAND TWO HUNDRED SEVENTY -SEVEN AND 12/100
DOLLARS ($20,277.12); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9144
AN ORDINANCE ACCEPTING THE BID OF CARRUTH - DOGGETT INDUSTRIES FOR THE
PURCHASE OF ONE (1) FRONT -END LOADER WITH BOX BLADE AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -FOUR THOUSAND THREE
HUNDRED SEVENTY AND NO /100 DOLLARS ($34,370.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 10 of 12
Minutes of the Special Session —April 12, 2001
ORDINANCE NO. 9145
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 18
"BUILDINGS AND BUILDING STANDARDS" ARTICLE III "ELECTRICAL CODE" DIVISION 6
"STANDARDS," SECTION 18 -431 "COMPLIANCE WITH ARTICLE, ELECTRICAL CODE AND
UTILITY COMPANY SPECIFICATIONS" AND SECTION 18 -432 "TECHNICAL
SPECIFICATIONS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO DESIGNATE
THE ENTITY THAT MAY DISCONNECT THE ELECTRICAL SERVICE CONNECTION, TO
ALLOW ADDITIONAL MATERIALS TO BE USED TO INSTALL ELECTRICAL WIRING, AND
TO DELETE OR OTHERWISE CONFORM OTHER PROVISIONS TO THE ELECTRICAL CODE;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO 1100 DOLLARS
($500.00); PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9146
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF
THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT WITH CEDARCREST
CEMETERY FOR THE SALE OF APPROXIMATELY SIX ACRES OF LAND; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9147
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
ORDINANCE NO. 9111, PASSED ON FEBRUARY 8, 2001, AND ORDINANCE NO. 9112,
PASSED ON FEBRUARY 22, 2001, TO NAME THE PRESIDING JUDGE FOR THE CENTRAL
COUNTING STATION FOR THE REGULAR AND SPECIAL ELECTIONS TO BE HELD ON MAY
5, 2001; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1484
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, WAIVING, IN
PART, THE CONDITION SUBSEQUENT THAT CERTAIN APPURTENANCES BE REMOVED
FROM PROPERTY CONVEYED TO EXXONMOBIL CORPORATION ON APRIL 13, 2000; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1485
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING
THE SHERIFF OR CONSTABLE TO SELL CERTAIN PROPERTIES AT A PUBLIC SALE
PURSUANT TO SECTION 34.05 (C) OF THE TEXAS TAX CODE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 11 of 12
Minutes of the Special Session —April 12, 2001
RESOLUTION NO. 1486
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS,
TO ACCEPT A GRANT AWARD FROM THE OFFICE OF NATIONAL DRUG CONTROL POLICY
IN CONJUNCTION WITH THE HIGH INTENSITY DRUG TRAFFICKING AREA PROJECT;
DESIGNATING THE CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider appointment to the Electrical Board.
Gregory D. Rhea was reappointed to the Electrical Board in January of this year. Mr. Rhea tendered his
resignation from the Board, as his schedule precludes his participation on the Board. Mr. Rhea was first
appointed to the Board when he was employed with Houston Lighting & Power. He fills the position of
the citizen not in the building industry. This position has been traditionally filled with a representative
from the electric utility. Linda Winkelman with Reliant Energy/HL &P has agreed to serve on the
Electrical Board if appointed. The appointment would be for the balance of Mr. Rhea's term, which
expires on January 1, 2003.
Council Member Anderson moved the appointment of Linda Winkelmann to the unexpired term of
Gregory D. Rhea on the Electrical Board. Council Member Almendarez seconded the motion. The vote
follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley
Mayor Alfaro.
Nays: None.
The motion carried.
Consider approval of process for selection of interim Associate Municipal Court Judge.
City Manager Mercer explained the process for review and selection of an interim Associate Municipal
Judge, as set forth in the memorandum included in the Council packet. The suggested procedure would
provide for advertising of the position, contact of each interested person to confirm interest and to
schedule an interview time, prepare a list of questions for the candidates, and provide for Council, as a
whole, to select the interim Associate Municipal Judge. Council's discussion indicated that the Council
preferred that the interim Associate Municipal Judge be a licensed attorney. Council Member Murray
moved approval of the procedure for selection of an interim Associate Municipal Judge, requiring
licensure as an attorney. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley
Mayor Alfaro.
Nays: None.
The motion carried.
Page 12 of 12
Minutes of the Special Session —April 12, 2001
City Manager's Report.
Parks and Recreation recognition — Special Olympics. Mike Mueller, Minh Kotlarz, Nancy
Hockless, Steven Maness, Shontele Fontenot, Rolston Henry, Alan Keene, Grate Hollaman,
Scott Johnson, Kylie Duchie and Camille Borowiak were commended for their efforts at Special
Olympics.
A press conference will be held by Representative Bentsen on April 17 at 11:00 a.m. to announce
the grant for the new Emergency Operations Center.
Early voting will begin on April 18.
Household Hazardous Waste Collection Day will be April 21.
Hurricane Greg exercise was conducted. Staff responded for two days and a tabletop exercise
was conducted with Harris County. Hurricane season starts June 1 and the City must be
prepared.
Budget work sessions will be held on August 6 at 7:30 a.m. and August 7 at 5:30 p.m. Each
work session will be scheduled for two hours.
Adjourn.
There being no further business, Council Member Almendarez moved adjournment of the meeting.
Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Anderson, Godwin, Mundinger, Murray and Sheley
Mayor Alfaro.
Nays: None.
The meeting adjourned at 6:17 p.m.
OW
W. Smith
City Clerk
CITY OF BAYTOWN
BID TABULATION
TITLE:Demolition
BID:01 -04
DATE:4117 /01
TIME:10:00 a.m.
Demolition Experts
Durrett Demolition
All Texas Demo.
AEQ Demolishing
Cherry Demo
213 1/2 Burress
126 N. Amy
5714Darling St.
7100 N. Loop E.
6131 Selensky
Houston, TX 77022
Deer Park, TX
Houston, TX
Ste. A -18
Houston, TX
77002
Houston, Tx 7702
77048
BID PACKAGE #1
1200 N. Main
$75,700
$56,100
$41,000
$48,900
No Bid
TOTAL BID PKG #1
$75,500
$56,100
$41,000
$48,900
No Bid
CITY OF BAYTOWN
TABULATION
TITLE: ANNUAL PLASTIC GARBAGE BAGS CONTRACT
BID #: 045 -01
DATE: APRIL 16, 2001 @ 2:00 P.M.
Contract term: May 1, 2001, through April 30, 2002.
NO.
QTY.
UNIT
DESCRIPTION
WASTE MANAGEMENT
UNIT
PRICE
I EXTENSION
PRICE
Price per roll Is a
30% increase this
ANNUAL PLASTIC GARBAGE BAGS CONTRACT, per
year compared to
last year's price
specifications. Bags shall be black gusseted, 16xl4x37, 2
per roll.
mil, 30 gallon capacity, 52 bags per roll. Price quoted is
price per roll. Last year's price per roll was $3.06 inclusive
1
21,600
rolls
of the HGAC fee. Quantities remain the same.
3.99 $86,184.00
Location:
TERRE HAUTE, IN.
Delivery:
30 DAYS
The increased price of resin throughout the market has been passed on to the suppliers on a monthly basis since January 2001.
Mailed 9 bids and received 7 responses. Two bids were received after the bid opening (Gulf Coast Bag Company and DSA
Company).
Bids submitted:
All American Poly - $4.30 per roll
Dyna -Pak Corp. - $4.13 per roll
Bogel Sales, Inc. - $3.94 per roll -- In order to obtain 2 mil thickness of bag, a roll of 52 bags must weight a minimum of 7.5
pounds as specified. Bogel specified 7 -8 lbs with 7 pound possible minim tun which is unacceptable.
Stewarts Packaging, Inc. - $4.10 per roll -- In order to obtain 2 mil thickness of bag, a roll of 52 bags must weight a minimum
of 7. S pounds as specified. Stewarts specified 7 -81bs with 7 pound possible minimum which is unacceptable.
JAC has this year's contract with All American Poly. HGAC price quoted was $4.60 per roll.
sih1045 -01 GARBAGE BAGS council TABULATION 4 -17 -01 Page 1 of 2 4118101 3:15 PM
CTTY OF BAYTOWIY
TABULATION
TITLE: ANNUAL PLASTIC GARBAGE BAGS CONTRACT
B[D n: 045 -01
DATB: APRIL 16, 2001 @ 2:00 P.M.
Contract Term: May 1, 2001, through Apri130, 2002
LAST YEAR S BID:
The price of resin has continued to increase in the mazket since January 2001.
Mailed 9 bids and received 7 responses. Two bids were received after the bid opening (Gulf Coast Bag Company and DSA Company).
HGAC contmet this year is with All American Poly. The HGAC quote was $4.60 per roll plus the HGAC fee.
sI1J6` GARBAGE BAGS cgunGl TABULATION revisetl REVISED #1 Page 1 of 1 4/24`, 11:39 AM
DYNA -PAK
STEWARTS
NGAC COMRACIBEM /5
ALL AMERICAN POLY
BEMIS COJIPANY, INC.
BOGEL SALES, INC.
CORPORATION
PACKAGING, MC.
COMPANY, INC.
UNIT PRICE
EXT. PRICE
UNIP PRIC'I:
EXr. PRICE
UNIT PRICE
EXT. PRICE
UNIT PRICE
F.XT. PRICE
UNIT PRICE E %T. PRICE
UN ?PR(CE
EXI PRIC£
NO.
QTY.
UNIT
DESCRIPTION
AWARD TO BEMlS
Garbage Bags, pricing pe
ach roll. Each roll has 52
bags. Bags are 2 mil,
black gusseted, 30 gallons
capacity. Each roll
exclusive of core weighs
1
21,600
rolls
7.5 pounds minimum.
4.30 92,880.00
3.99 S6,1g4.00
3.94 85,109.00
4.13 89,208.00
4.10 88,560.00
3.06 66,096.00
Minimum roll
Minfmum roll wetght
weight must be 7.5
must be 7.51bs.
lbs. Bogel speclred
Stewarts speci(ed 7
716s possible
Ibs possible
minimum which Is
minimum which is
unaceeptab /e.
unacceptable.
The price of resin has continued to increase in the mazket since January 2001.
Mailed 9 bids and received 7 responses. Two bids were received after the bid opening (Gulf Coast Bag Company and DSA Company).
HGAC contmet this year is with All American Poly. The HGAC quote was $4.60 per roll plus the HGAC fee.
sI1J6` GARBAGE BAGS cgunGl TABULATION revisetl REVISED #1 Page 1 of 1 4/24`, 11:39 AM
MINUTES
CITY COUNCIL WORK SESSION
April 12, 2001
Members present: Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Pete C. Alfaro
Staff present: Monte Mercer
Ignacio Ramirez, Sr.
Gary W. Smith
Scott Sheley
Victor Almendarez
Calvin Mundinger
Don Murray
Ronnie Anderson
Coleman Godwin
Mayor
City Manager
City Attorney
City Clerk
The work session was called to order by Mayor Alfaro at 4:40 p.m.
Discuss capital buy -in fees at Baytown Area Water Authority.
City Manager Monte Mercer reviewed the information provided in the rate study
performed by Camp, Dresser & McKee for Baytown Area Water Authority (BAWA).
Because of the efforts of the Houston Galveston Subsidence District, area water
companies have contacted BAWA to discuss purchasing surface water. The new
customers will not be subsidized by the investment of the existing customers of BAWA.
The rate study reflected that an expansion of the plant will be necessary without new
customers. By adding new customers and by instituting a capital buy -in fee for the new
customers, a rate increase can be delayed. The proposed capital buy -in fee is $0.8068 per
gallon. The rate study found that a more stable rate structure can be established by the
addition of new customers and the institution of the capital buy -in fee.
BAWA Board President, Bob Gillette, stated that the first priority of the Board was to
protect the present customers of the Authority. While there is a mandate to serve
customers within the boundaries of the Authority, others may be served. But serving
others must not jeopardize the present customers or the current contract for raw water
with the City of Houston.
In response to questions from Council Members, Mercer informed City Council that new
customers would be required to install the infrastructure to acquire the water and that the
incremental cost for water is lower than the total average, but is reasonable and supported
by the study.
F&
City Council Work Session
April 12, 2001
Page 2 of 2
OP Discuss proposed and potential building and construction codes.
Mike Prewitt, Chief Building Official, reported that the Electrical Board had
recommended the adoption of the 1999 National Electric Code (NEC) and certain
modifications in section 18 -432 which provides amendments to the NEC. Prewitt
detailed the significant changes in the NEC. The purpose of the adoption of the 1999
NEC is to provide a more uniform regulatory system and provide for the most current
regulations.
Prewitt reported that the Inspection Division was reviewing International Codes and
likely will soon recommend adoption of the codes governing one and two family
dwellings and existing buildings.
In response to an inquiry from Council, Mercer explained that the code being reviewed
for existing buildings would provide for maintenance of safety, without requiring the
buildings to meet all new building construction requirements.
Consider appointments — Electrical Board.
Council Member Anderson agreed to move appointment of Linda Winkelmann to the
unexpired term of Gregory Rhea on the Electrical Board,
Adjourn.
There being no further business, the meeting adjourned at 5:12 p.m.
C Cr
GaFy W. [Smith
City Clerk