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'`