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2009 12 21 CC Minutes, SpecialMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 21, 2009 The City Council of the City of Baytown, Texas, met in a Special Meeting on Monday, December 21, 2009, at 9:00 A.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Lena Yepez Council Member Lynn Caskey Council Member Brandon Capetillo Council Member Terry Sain Council Member David McCartney Council Member Robert Lciper Deputy City Manager Kevin Troller Assistant City Manager Leticia Garza City Clerk Keith Dougherty Sergeant at Arms Mayor DonCarlos and Council Member Sheley were absent from the December 21, 2009, City Council Special Meeting. Mayor Pro Tern Caskey convened the December 21, 2009, Special Meeting with a quorum present at 9:00 A.M. 1. PROPOSED ORDINANCES a. Second Reading of Ordinance Disannexing Portions of ExxonMobil Corporation's Baytown Complex - Administration. Mayor Pro Tern Caskey presented the agenda item and stated that Ordinance No. 11,239 is the second and final reading of the disannexation of portions of ExxonMobil Corporation's Baytown Complex, which are located wholly or partially within the incorporated limits of the City of Baytown. City Manager, Garry Brumback stated that City Council conducted the first and second public hearings for this disannexation on October 19, 2009, with said notice being published in the Baytown Sun on October 08, 2009, and posted on the City of Baytown website and notice board on October 05, 2009. Additionally, Council conducted the first reading of this Ordinance on November 12, 2009; published it in the Baytown Sun and posted on the City of Baytown website and notice board on November 17, 2009. Page 2 of 5 Minutes of the December 21, 2009 City Council Special Meeting This disannexation will have no net effect on the calculated IDA payments for the property since this property was in both the IDA and the City and has had the ad valorem payment credited from IDA payment for the past 21 years. The new form of agreement along with the disannexation simplifies the payment calculation process. Motion was made by Council Member McCartney, seconded by Council Member Capetillo approving Ordinance No. 11,239. The vote was as follows: Ayes: Council Members: Capetillo, Sain, McCartney, Mayor Pro Tem Caskey Nays: None The motion carried. ORDINANCE NO. 11,239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE DISANNEXATION OF PORTIONS OF EXXON MOBIL CORPORATION'S BAYTOWN COMPLEX, WHICH ARE LOCATED WHOLLY OR PARTIALLY WITHIN THE INCORPORATED LIMITS OF THE CITY OF BAYTOWN, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR INDUSTRIAL DISTRICT NO. 1. b. Designating Additional Properties to be Included in Industrial District No. 1 - Administration. Mayor Pro Tem Caskey presented the agenda item and stated that Ordinance No. 11,281 designated those portions of ExxonMobil Corporation's Baytown Complex recently disannexed by the City as industrial district property and incorporates the same into Industrial District No. 1. In accordance with state law, the City may designate any part of its extraterritorial jurisdiction as an industrial district and may treat the designated area in a manner considered to be in the best interest of the City. The properties subject to Ordinance 11,281 are those that were disannexed in the previous agenda item. Such properties will be treated the same as the other properties located in Industrial District No. 1. The properties affected by Ordinance 11,281 have been included in the calculations for ExxonMobil's 2009 Industrial District Agreement Payment, which is due on or before December 31, 2009. Page 3 of 5 Minutes of the December 21, 2009 City Council Special Meeting City Manager, Garry Brumback stated that this places that property that was just disannexed into District 1. Motion was made by Council Member Sain, seconded by Council Member Capetillo approving Ordinance No. 11,281. The vote was as follows: Ayes: Council Members: Capetillo, Sain, McCartney, Mayor Pro Tem Caskey Nays: None The motion carried. ORDINANCE NO. 11,281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DESIGNATING A PART OF THE AREA LOCATED WITHIN THE CITY OF BAYTOWN'S EXTRATERRITORIAL JURISDICTION BE INCLUDED AS PART OF BAYTOWN INDUSTRIAL DISTRICT NO. 1; REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. New Street Light Implementation List - Planning and Development Services. The agenda item l.c. calling Council to consider an ordinance authorizing the placement of new street lights in specified rights -of -way of the City of Baytown was pulled from the agenda and not considered. 2. PROPOSED RESOLUTIONS a. SETH Single Family Mortgage Revenue Bond Program, Series 2009A - Administration. Mayor Pro Tem Caskey presented the agenda item and stated that Resolution 2034 authorized and directed execution of the General and No Litigation Certificate of the City of Baytown related to the Southeast Texas Housing Finance Corporation's issuance of Single Family Mortgage Revenue Bond Program, Series 2009A. City Manager, Garry Brumback stated that this proposed ordinance allows for the providing first time homebuyers with competitive mortgage rates and down payment assistance. To gain approval of the Texas Attorney General's Office for the issuance of the desired bonds, SETH has asked that the City of Baytown confirm certain information regarding SETH, including, but not limited to, the City's approval of SETH's creation, Page 4 of 5 Minutes of the December 21, 2009 City Council Special Meeting the City's appointment to SETH's Board of Directors, and the fact there is no litigation pending or threatened against the City relating to SETH. The U.S. Treasury has allocated to SETH $24,459,050 to issue tax- exempt bonds for the 2009 Single Family Mortgage Revenue Bonds Program. In order to meet the deadlines established by the Federal Government's Homeowner Affordability and Stability Plan, SETH must issue taxable bonds before December 23, 2009, and then convert those to tax - exempt bonds in January 2010. Motion was made by Council Member McCartney, seconded by Council Member Sain approving Resolution No. 2034. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Mayor Pro Tern Caskey Nays: None The motion carried. RESOLUTION NO. 2034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR PRO TEM TO EXECUTE GENERAL AND NO LITIGATION CERTIFICATE OF THE CITY OF BAYTOWN RELATED TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF GENERAL AND NO LITIGATION CERTIFICATE OF THE CITY OF BAYTOWN RELATED TO THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BOND PROGRAM, SERIES 2009A; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 3. ADJOURN Motion was made by Council Member McCartney, seconded by Council Member Sain adjourning the December 21, 2009, Special Meeting. The vote was as follows: Ayes: Council Members: Yepez, Capetillo, Sain, McCartney, Mayor Pro Tern Caskey Nays: None The motion carried. Page 5 of 5 Minutes of the December 21, 2009 City Council Special Meeting Mayor Pro Tom Caskey adjourned the Special City Council Meeting of December 21, 2009 at 9:04 A.M. City of Bayto /A'`