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2024 04 11 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN April 11, 2024 The City Council of the City of Baytown,Texas,met in a Regular Meeting on Thursday,April 11, 2024, at 6:30 P.M. in the Council Chamber of the Baytown City Hall at 2401 Market Street, Baytown, Texas, with the following in attendance: Sarah Graham Council Member Kenrick Griffith Council Member James Franco Council Member Jacob Powell Council Member Mike Lester Council Member Brandon Capetillo Mayor Jason Reynolds City Manager Scott Lemond City Attorney Angela Jackson City Clerk John Stringer Sergeant at Arms Mayor Brandon Capetillo convened the April 11, 2024 Regular City Council Meeting with a quorum present at 6:38 P.M. All members were present with the exception of Mayor Pro Tem Laura Alvarado. The Pledge of Allegiance, Texas Pledge, and Invocation were led by Mayor Brandon Capetillo 1. CITIZEN COMMENTS Mayor Capetillo announced citizens signed up to speak. a. Linda Miks, 6427 Crosby Cedar Bayou Road commented, "I am back again. I'm not going to go away. I'm still requesting to be de-annexed from the city.You all,the government code states that you had two and a half years to provide us services. It's been seven. I've gotten no services. I don't even have trash pickup. So, I'm not sure what it's going to take, but you all are not doing anything. It's costing me five times more paying my city taxes as it did for the exact same services as it did with Harris County. So, I'm requesting to be de-annexed and I am not going away; Thank you." b. Gary Vanderbeek, 4403 Crosby Cedar Bayou Road commented, "I'm requesting to have a meeting with you all. I think we've hashed over a lot of the issues and a lot of it was made public and stuff like that. But I feel like the only way to resolve that in an equitable manner without escalating it to a point where the whole city's involved in our personal problems. I'd like to discuss it in private with you all so that we could resolve it once and for all. I feel like a lot of other people have been wronged in this too, in your own words. I'm not going to rehash that, but I feel like we could get a big coalition together and storm the city and I think you all are trying to help us in a City Council Regular Meeting Minutes April 11,2024 Page 2 of 12 way. I'd like to resolve it before we go to the next level because I feel like I'm outgunned in a sense because you all have the legal aid and I don't, as of now. Like Ms. Miks said, "we're not going away". Right is right. I feel like our taxes went out the roof and we get way less than we had before and that really gets me mad. I looked at my tax bill today that I got from Harris County, you don't even want to see it. I'm a millionaire. I'd just like to say that I'm a millionaire on paper, but I don't think I could sell it for that. It's got to the point of absurdity; it's like we're just trying to live. We're trying to retire. I'm 65 years old and I feel like I'm just;thank you. I just don't want to keep harping. I just think we need a meeting. I think we need to discuss this in a logical way. Then if I disagree, I'll have to see if I could get somebody to help me with this, because I feel like we're not getting anywhere. Thank you, I appreciate it. Thank you so much." Mayor Capetillo addressed the citizens that spoke and stated, "The citizens request for a meeting is reasonable and will be arranged with Gary Vanderbeek, Linda Miks, Harvey Ponder, myself, Council Member Jacob Powell, Council Member James Franco and City Manager Jason Reyn- olds." 2. MINUTES a. Consider approving the minutes of the City Council Work Session held on March 28, 2024. A motion was made by Council Member Mike Lester and seconded by Council Member Jacob Powell to approve the minutes of the City Council Work Session held on March 28, 2024, as submitted. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Sarah Graham, Council Member Jacob Powell, Council Member Kenrick Griffith, Council Member James Franco and Council Member Mike Lester Nays: Other: Mayor Pro Tern Laura Alvarado (Absent) Approved 3. STRATEGIC PARTNERSHIP AGREEMENT WITH HARRIS COUNTY MUD NO. 555 a. Conduct a first public hearing regarding the Strategic Partnership Agreement with Harris County MUD No. 555. At 6:46 P.M., Mayor Capetillo opened the first public hearing regarding the Strategic Partnership Agreement with Harris County MUD No. 555, located near N Main, Baytown, Harris County, Texas. City Attorney Scott Lemond summarized the Strategic Partnership Agreement with Harris County MUD No. 555 regarding Items 3.a. and 3.b. City Council Regular Meeting Minutes April 11,2024 Page 3 of 12 At 6:48 P.M., Mayor Capetillo closed public hearing for the Strategic Partnership Agreement with Harris County MUD No. 555 to which no citizens signed up to speak. b. Conduct a second public hearing regarding the Strategic Partnership Agreement with Harris County MUD No. 555. At 6:48 P.M., Mayor Capetillo opened the second public hearing regarding the Strategic Partner- ship Agreement with Harris County MUD No. 555,located near N Main,Baytown,Harris County, Texas. At 6:48 P.M., Mayor Capetillo closed the second public hearing for the Strategic Partnership Agreement with Harris County MUD No. 555 to which no citizens signed up to speak. c. Consider an ordinance approving a Strategic Partnership Agreement with Harris County MUD No. 555. City Attorney Scott Lemond summarized Item 3.c regarding the Strategic Partnership Agreement with Harris County MUD No. 555. Council Member Jacob Powell commented, "Where is this located?""What is the urgency for the first, second hearing and approval of the agreement at this meeting after failing to meet the previous deadline." Harris County MUD Attorney Heather Jackson commented, "The location is N Main and 1492; due to COVID and unforeseen delays the project was pending,but is ready to move forward now." Mayor Brandon Capetillo advised the Council of the previous City Council Meeting; then Harris County MUD representative having clarified that the development was within the Extra Territorial Jurisdiction(ETJ) and could proceed with or without the agreement if they chose to do so. Council Member Mike Lester acknowledged concerns of the MUD districts, and informs the Council of specifications agreed to within the Strategic Partnership Agreement to accommodate concerns. A motion was made by Council Member Mike Lester and seconded by Council Member Kenrick Griffith to approve Ordinance No.15,769, related to Item 3.c. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Kenrick Griffith, Council Member James Franco and Council Member Mike Lester Nays: Council Member Sarah Graham and Council Member Jacob Powell Other: Mayor Pro Tem Laura Alvarado (Absent) Approved City Council Regular Meeting Minutes April 11,2024 Page 4 of 12 ORDINANCE NO. 15,679 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MAN- AGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A STRATEGIC PARTNERSHIP AGREEMENT WITH HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 555; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 4. PROPOSED RESOLUTION a. Consider a resolution transferring unencumbered appropriations in the Fiscal Year 2022-23 Adopted Budget to cover budget overruns in the General Fund, Capital Project Funds, and Special Revenue Funds. Furthermore, the resolution considers transferring unencumbered appropriations from the General Fund to the Aquatics Fund, Sanitation Fund, Internal Service Fund, and Medical Benefits Fund Budgets to cover their respective overruns. Finance Director Teresa McKenzie summarized Item 4.a. regarding the transfer of unencumbered appropriation funds to cover budget overruns resulting from Fiscal Year 2022-2023 contract amendments. A motion was made by Council Member Sarah Graham and seconded by Council Member Jacob Powell to approve Resolution No. 2908,related to Item 4.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Sarah Graham, Council Member Kenrick Griffith,Council Member James Franco,Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Pro Tern Laura Alvarado (Absent) Approved RESOLUTION NO. 2908 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING VARIOUS TRANSFERS OF UNENCUMBERED APPROPRIATION BALANCES OR PORTIONS THEREOF FROM ONE OFFICE, DEPARTMENT OR AGENCY TO ANOTHER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF City Council Regular Meeting Minutes April 11,2024 Page 5 of 12 5. REPORTS a. Receive the City of Baytown's Annual Comprehensive Financial Report and Single Audit for the fiscal year ending September 30,2023. Finance Director Teresa McKenzie,introduced Robert Belt and Stephanie Belt-Harris the present- ers of the Annual Comprehensive Financial and Single Audit Reports for the fiscal year ending September 30, 2023. Mr. Belt recognized Finance Director Teresa McKenzie and the Finance Department for persever- ing through challenging and difficult times to rebuild the financial and accounting operations. Stephanie Harris with Belt Harris reported the findings of Financial and Single Audit for Fiscal Year 2023 to the Council and stated it was a clear and unmodified opinion on the financial state- ments. City Manager Jason Reynolds commented, "I want to thank Robert Belt and Stephanie Harris for their services to the City. We appreciate the dedication of Finance Director Teresa McKenzie and the Finance Department for their work on this Annual Financial Report." Mayor Capetillo acknowledged the report was received. 6. CONSENT A motion was made by Council Member Sarah Graham and seconded by Council Member Kenrick Griffith to approve Consent Agenda Items 6. a. through 6.k. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Sarah Graham, Council Member Kenrick Griffith,Council Member James Franco,Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Pro Tern Laura Alvarado (Absent) Approved a. Consider an ordinance authorizing the second amendment to the Detention Agree- ment originally entered into with REME Financial, LLC. ORDINANCE NO. 15,770 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING A SECOND AMENDMENT TO DE- TENTION AGREEMENT WITH CAREYBLANCO MANAGEMENT, LLC, FOR THE COTTAGES AT SAN JACINTO BLVD. PLANNED UNIT DEVELOPMENT; MAKING OTHER PROVISIONS RELATED City Council Regular Meeting Minutes April 11,2024 Page 6 of 12 THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing a settlement agreement with CMC Development and Construction Corporation, LLC related to the matter styled CMC Development and Construction Corporation, LLC v. City of Baytown; No. 202248156 in the 269th District Court, Harris County. ORDINANCE NO. 15,771 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MAN- AGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SETTLEMENT AGREEMENT WITH CMC DEVELOPMENT AND • CONSTRUCTION CORPORATION, LLC., RELATED TO THE MAT- TER STYLED CMC DEVELOPMENT AND CONSTRUCTION COR- PORATION, LLC. V. CITY OF BAYTOWN; NO. 202248156 IN THE 269TH DISTRICT COURT, HARRIS COUNTY, TEXAS; AUTHORIZ- ING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF SIXTY-TWO THOUSAND, FIVE HUNDRED DOLLARS ($62,500.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. c. Consider an ordinance authorizing funding for the continued engagement of Olson& Olson, L.L.P., for litigation and general legal matters. ORDINANCE NO. 15,772 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING FUNDING FOR THE CONTINUED ENGAGEMENT OF OLSON & OLSON, L.L.P., FOR LITIGATION AND GENERAL LEGAL MATTERS IN AN AMOUNT NOT TO EX- CEED ONE HUNDRED TWENTYFIVE-THOUSAND AND NO/100 DOLLARS ($125,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing a professional services agreement for Real Es- tate Appraisal Services for the IH-10 Lift Station Project with Scott Stephens and Associates, Inc. ORDINANCE NO. 15,773 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH SCOTT STEPHENS & ASSOCIATES, INC. FOR REAL ESTATE APPRAISAL SERVICES FOR THE INTERSTATE City Council Regular Meeting Minutes April 11,2024 Page 7 of 12 HIGHWAY-10 LIFT STATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THREE THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS($103,800.00);MAKING OTHER PROVISIONS RE- LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a professional services agreement for Right-Of- Way and Acquisition Services for the IH-10 Lift Station Project with Right-of-Way Solu- tions, Inc. ORDINANCE NO. 15,774 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH RIGHT-OF-WAY SOLUTIONS, INC. FOR RIGHT-OF-WAY AND ACQUISITION SERVICES FOR THE INTER- STATE HIGHWAY-10 LIFT STATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THIRTY-TWO THOUSAND FIVE HUN- DRED AND NO/100 DOLLARS ($132,500.00); MAKING OTHER PRO- VISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance awarding a job order construction contract to Branch Con- struction Group, LLC, for the Gulf Coast Lift Station Force Main repair project, using the TIPS Cooperative Purchasing Program. ORDINANCE NO. 15,775 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY-SIX THOUSAND NINE HUNDRED EIGHTY AND NO/100 DOLLARS ($46,980.00) TO BRANCH CONSTRUCTION GROUP, LLC. FOR A JOB ORDER CONSTRUCTION CONTRACT FOR THE FORCE MAIN REPAIR PROJECT OF THE GULF COAST LIFT STATION,THROUGH THE INTERLOCAL PURCHASING SYSTEM CONTRACT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance awarding an electrical construction contract to Pfeiffer&Son, LTD., for the Annual Lift Station Rehabilitation Project, consisting of the St. James Street Lift Station and the North Main Street Lift Station, using the Choice Partners Purchasing Program. City Council Regular Meeting Minutes April 11,2024 Page 8of12 ORDINANCE NO. 15,776 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN,TEXAS,AUTHORIZING THE PAYMENT OF ONE HUNDRED TWENTY-FIVE THOUSAND TWO HUNDRED FIVE AND NO/100 DOLLARS ($125,205.00) TO PFEIFFER & SON, LTD. FOR AN ELEC- TRICAL CONSTRUCTION CONTRACT FOR THE ANNUAL LIFT STATION REHABILITATION PROJECT INCLUDING THE REPAIR AND REHABILITATION OF THE ST. JAMES STREET AND NORTH MAIN STREET LIFT STATIONS, THROUGH CHOICE PARTNERS COOPERATIVE CONTRACT; MAKING OTHER PROVISIONS RE- LATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance amending Chapter 94"Traffic and Vehicles"Article IV"Spe- cific Street Regulations,"Section 94-121 "Schedules enumerated"of the Code of Ordinances, to authorize the installation of stop control modifications at the intersection of Crystal Boule- vard and Bienville Avenue. ORDINANCE NO. 15,777 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHI- CLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNA- TION—STOP AND YIELD INTERSECTIONS" OF THE CODE OF OR- DINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION AND MODIFICATION OF STOP CONTROL MODIFICATONS AT THE INTERSECTION OF CRYSTAL BOULE- VARD AND BIENVILLE AVENUE; 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. i. Consider an ordinance amending Chapter 94"Traffic and Vehicles"Article IV"Spe- cific Street Regulations,"Section 94-121 "Schedules enumerated"of the Code of Ordinances, to authorize the installation of stop control modifications at the intersection of Lynnwood Drive and Brooks Crossing Drive. ORDINANCE NO. 15,778 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHI- CLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION City Council Regular Meeting Minutes April 11,2024 Page 9 of 12 94-121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNA- TION—STOP AND YIELD INTERSECTIONS" OF THE CODE OF OR- DINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF STOP CONTROL MODIFICATONS AT THE INTERSECTION OF LYNNWOOD DRIVE AND BROOKS CROSSING DRIVE; AUTHORIZING THE POSTING OF PROPER SIGNS; RE- PEALING CONFLICTING ORDINANCES;CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUN- DRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF;AND PROVIDING FOR THE PUBLICATION AND EFFEC- TIVE DATE THEREOF. j. Consider an ordinance amending Chapter 94"Traffic and Vehicles"Article IV"Spe- cific Street Regulations,"Section 94-121 "Schedules enumerated"of the Code of Ordinances, to authorize the installation of stop control modifications at the intersection of Williams Av- enue and North Jones Street. ORDINANCE NO. 15,779 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHI- CLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNA- TION—STOP AND YIELD INTERSECTIONS" OF THE CODE OF OR- DINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE THE INSTALLATION OF STOP CONTROL MODIFICATONS AT THE INTERSECTION OF WILLIAMS AVENUE AND NORTH JONES STREET; AUTHORIZING THE POSTING OF PROPER SIGNS; RE- PEALING CONFLICTING ORDINANCES;CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO HUN- DRED AND NO/100 DOLLARS ($200.00) FOR EACH VIOLATION THEREOF;AND PROVIDING FOR THE PUBLICATION AND EFFEC- TIVE DATE THEREOF. k. Consider an ordinance amending Chapter 94"Traffic and Vehicles"Article IV"Spe- cific Street Regulations,"Section 94-121 "Schedules enumerated"of the Code of Ordinances, to authorize the installation of stop control modifications on Mississippi Street, Florida Street,New Mexico Street and Washington Street. ORDINANCE NO. 15,780 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AMENDING CHAPTER 94 "TRAFFIC AND VEHI- CLES," ARTICLE IV "SPECIFIC STREET REGULATIONS," SECTION 94-121 "SCHEDULES ENUMERATED," SCHEDULE VIII "DESIGNA- TION—STOP AND YIELD INTERSECTIONS" OF THE CODE OF OR- DINANCES OF THE CITY OF BAYTOWN, TEXAS, TO AUTHORIZE City Council Regular Meeting Minutes April 11,2024 Page 10 of 12 THE INSTALLATION OF STOP CONTROL MODIFICATONS AT MIS- SISSIPPI STREET, FLORIDA STREET,NEW MEXICO STREET, AND WASHINGTON STREET;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 VIO- LATION THEREOF; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Consider a resolution authorizing four (4) appointments to the Library Board. Mayor Brandon Capetillo appointed four(4)members to the Library Board on behalf of City Manager Jason Reynolds. A motion was made by Council Member Kenrick Griffith and seconded by Council Member Sarah Graham to appoint new members Jess Cottar and Brenda Rambarran and reappoint members Tammy Guidry and Judy Jirrels to the Library Board. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Sarah Graham, Council Member Kenrick Griffith,Council Member James Franco,Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Pro Tem Laura Alvarado (Absent) Approved RESOLUTION NO. 2909 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, APPOINTING TAMMY GUIDRY, JUDY JIRRELS, JESS COTTAR AND BRENDA RAMBARRAN TO THE LIBRARY BOARD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 8. MANAGER'S REPORT City Manager Jason Reynolds addressed the following topics from the Manager's Report: • "Recognized the City of Baytown Police Department for the hard work and dedication in re- solving an ongoing investigation for fifteen months. They exemplify our values of honor, in- tegrity, and professionalism." • "A citizen recognized Officer Clint Holden for coming to the rescue of a citizen's seventy-year old father who required assistance with his tire, Officer Holden was able to assist him in the time of need." City Council Regular Meeting Minutes April 11,2024 Page 11 of 12 • "Acknowledgment of all the hard work Lt. Doris and Lt. Marcinus have done in problem-solv- ing of complaints involving local business parking concerns, "A big thank you to the Police Department and Chief Stringer." • "A thank you and great appreciation of all the hard work from one of our risk and safety coor- dinators for the City of Baytown; Phillip Davis for completing his Certified Safety Professional Certification." • "A reminder of the Listening Tour April 17,2024,6:30 P.M.,at Roseland Pavilion with District 6." Mayor Brandon Capetillo advised the Council due to Mayor Pro Tern Laura Alvarado's absence,there will be no district report. 9. EXECUTIVE SESSION a. Recess into and conduct an Executive Session pursuant to Section(s) 551 .071 and/or 551.087 of the Texas Government Code to seek the advice of the City's attorneys and/or to discuss economic development negotiations. 1). Recess into and conduct an Executive Session pursuant to Section(s)551 .071 and/or 551.087 of the Texas Government Code to seek the advice of the City's attorneys and/or to discuss economic development negotiations. At 7:12 P.M., Mayor Capetillo recessed and convened into an Executive Session pursuant to: Section 551.102 of the Texas Government Code to seek the ad-vice of the City's attorneys and/or to discuss economic development negotiations. At 10:13 P.M., Mayor Capetillo reconvened the meeting and announced that, in accordance with Sec- tion 551.102 of the Texas Government Code,no action was taken in the Executive Session. 10. PROPOSED ORDINANCE a. Consider an ordinance authorizing the Third Amendment to the Development Agreement with Friendswood Development Company. A motion was made by Council Member Mike Lester and seconded by Council Member Kenrick Grif- fith to approve Ordinance No.15,781, related to Item 10.a. The vote was as follows: Ayes: Mayor Brandon Capetillo, Council Member Sarah Graham, Council Member Kenrick Griffith,Council Member James Franco,Council Member Jacob Powell, and Council Member Mike Lester Nays: None Other: Mayor Pro Tem Laura Alvarado (Absent) Approved City Council Regular Meeting Minutes April 11,2024 Page 12 of 12 ORDINANCE NO. 15,781 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAY- TOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MAN- AGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT WITH FRIENDSWOOD DEVELOPMENT COMPANY TO ALLOW THE DEVELOPER TO FILE SECURITY IN THE FORM OF A ONE- HUNDRED PERCENT (100%) PAVING BOND IN LIEU OF COM- PLETING CONSTRUCTION OF ANY REQUIRED IMPROVEMENTS PRIOR TO FINAL PLAT FILING;AND PROVIDING FOR THE EFFEC- TIVE DATE THEREOF. b. Take action in accordance with discussion in Executive Session. Mayor Brandon Capetillo advised Council that no action is required for Item 10.b. 11. ADJOURN With there being no further business to discuss, Mayor Capetillo adjourned the April 11, 2024 Regular City Council Meeting at 10 (_ /mot�,:y^,y ,f ..1.-.✓ Y.i Angela Ja on, City Clerk �g r" "d City of Ba own ` '° "