2017 10 26 CC Minutes MINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
October 26, 2017
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday,
October 26, 2017, at 6:32 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market
Street, Baytown,Texas with the following in attendance:
Laura Alvarado Council Member
Robert Hoskins Council Member
Charles Johnson Council Member
David McCartney Council Member
Chris Presley Council Member
Terry Sain Council Member
Stephen H. DonCarlos Mayor
Rick Davis City Manager
Ignacio Ramirez City Attorney
Leticia Brysch City Clerk
Keith Dougherty Sergeant at Arms
Mayor DonCarlos convened the October 26, 2017, City Council Regular Meeting with a quorum
present at 6:32 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Hoskins.
1. RECOGNITIONS
a. The City Council recognized local businesses and organizations that provided help
and support to the City during Hurricane Harvey.
Mayor DonCarlos presented the agenda item and stated that Hurricane Harvey was unlike
anything the City had ever seen or experienced as thousands of people had to be rescued from
their homes while faced with life and death situations. He stated that it's a testament to this
community, its residents, churches, first responders and City staff that not one life was lost
during this disastrous event nor was there any looting.
Mayor DonCarlos stated that this item is a way of telling all that provided thank you for your
help during this difficult time and Council appreciates their service; the recognitions were as
follows:
1. First Baptist Church
2. 84 Lumber
3. Academy
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4. Airgas On-site Safety Services
5. Baytown Rotary
6. Baytown United Seventh Day Adventists
7. Beef Products, Inc.
8. Brewings
9. BRP US Inc.
10. Buffalo Wild Wings
11. Cajun Navy
12. Cedar Bayou Baptist
13. Celebration of Life
14. Chevron Phillips
15. Chick Fil A
16. Church of Jesus Christ of Latter Day Saints
17. City of Bayonne,NJ
18. Covestro
19. Cty. Comm. Jack Morman
20. D.R.Horton
21. Dirty Bay Graphics
22. Eagle Heights Church
23. ExxonMobil
24. Faith Family Church
25. Fischer's Hardware
26. GCCISD
27. HEB
28. HIDTA/Victoria Sherriff Dept
29. Houston Food Bank
30. International Association of Fire Fighters (IAFF)
31. Jason's Deli
32. Krispy Kreme
33. Kroger(Garth)
34. Lee College
35. Memorial Baptist
36. Mercy Gate
37. Modern Dentistry
38. O'neals Pub
39. Panera Bread
40. Pipeline Grill
41. Rho Omicron Omega Alpha Kappa Alpha
42. Salata
43. Seabrook Cooking Teams
44. Second Baptist Church
45. Stripes(Wallisville Rd.)
46. Target
47. Templo Emanuel
48. Texas Roadhouse(many times)
49. The Chute
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50. The Pentecostals of Baytown
51. Tractor Supply
52. USAR from California
53. Wal-Mart
54. Wismer Distributing
2. YEARS OF SERVICE AWARDS
a. Recognize City of Baytown Employees for their Years of Service.
Human Resources Director, Carol Flynt presented the agenda item and recognized the City of
Baytown employees for their years of service.
5 years:
Mark Gexler
Christina Butcher
Daniel Ali
15 years:
Terry Lindsey
Jamie Eustace
Todd Guidry
35 years:
Chief Keith Dougherty
3. PROPOSED ORDINANCES
a. Consider an ordinance awarding a contract to Crawley's Shoreline Construction,
Inc., for the repair and improvements for four (4) of the City's water front parks: Bayland
Park, Britton Park,Eddie V. Gray Wetlands Center and Roseland Park.
Parks and Recreation Director, Scott Johnson presented the agenda item and stated that
Ordinance No. 13,610 awards a contract to Crawley's Shoreline Construction, Inc., for the repair
and improvements for four(4) of the City's water front parks: Bayland Park, Britton Park, Eddie
V. Gray Wetlands Center and Roseland Park in the amount of$637,173.80. He stated that the
scope of work for this project includes the complete renovation to all three (3) boat ramps
located at Bayland Park, Roseland Park and the Wetlands Center and the heavily used five (5)
fishing piers located at Bayland Park and Britton Park. Additionally, he stated that a new kayak
launch would be added at Bayland Park and Roseland Park, which would be funded through the
Baytown Municipal Development District (MDD). He stated that construction for this project is
expected to take 240 calendar days to complete. He further state that the Roseland Park boat
ramps would be addressed first as the ramps were heavily damaged during Hurricane Harvey and
would remain closed during the construction period. Additionally, he stated that the construction
work for the Bayland Park ramps would not begin until such time as the ramps at Roseland Park
are back in service, thus insuring access to the bays.
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Mr. Scott Johnson stated in response to a question from Council Member Sain, that the City did
not submit repairs for the Harvey related damage to the ramp at Roseland Park, because staff
already had plans in place to completely rip out and rebuild those ramps, but noted that the
damage to the Pavilion was submitted to FEMA for assistance in rebuilding it completely.
A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern
Chris Presley approving Ordinance No. 13,610, regarding agenda item 3.a. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Terry Sain, Council Member David McCartney, and Mayor Pro
Tern Chris Presley
Nays: None
Other:
Approved
ORDINANCE NO. 13,610
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF CRAWLEY'S SHORELINE
CONSTRUCTION, INC., FOR THE BOAT RAMP PROJECT FOR BAYLAND
PARK, BRITTON PARK, EDDIE V. GRAY WETLANDS CENTER AND
ROSELAND PARK; AUTHORIZING AND DIRECTING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A
CONTRACT WITH CRAWLEY'S SHORELINE CONSTRUCTION, INC., FOR
SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM
OF SIX HUNDRED THIRTY-SEVEN THOUSAND ONE HUNDRED
SEVENTY-THREE AND 80/100 DOLLARS ($637,173.80); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing a construction contract with Huff & Mitchell,
Inc.,for the Garth Road Lift Station Project.
City Engineer, Jose Pastrana presented the agenda item and stated that the Ordinance No. 13,611
awarding a construction contract to Huff& Mitchell, Inc., in the amount of$3,869,265.70, which
includes $200,000 owner's contingency for the Garth Road Lift Station Project is part of the
Sanitary Sewer Overflow Initiatives Agreement that was signed by the City and the Texas
Commission on Environmental Quality(TCEQ). He stated that this initiative agreement calls for
the City to make certain improvements to the water systems that will reduce the number of
sanitary overflows that have plagued us in the recent past. He stated that the scope of work
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includes demolition of the existing lift station dry pit structure, conversion of the existing lift
station wet well into a sanitary manhole, construction of a 12-foot diameter concrete wet well
with three 35HP submersible pumps, piping and valves, natural gas emergency generator,
electrical work, and all other appurtenances. He further stated that the work also includes the
abandonment of the existing 12-inch force main and installation of approximately 8,100 linear
feet of 20-inch PVC force main. Additionally, he stated that five (5) bids were received and
publicly opened in the Council Chambers on October 10, 2017, and Huff& Mitchell, Inc., were
the lowest responsible bidder.
A motion was made by Council Member Terry Sain and seconded by Council Member Charles
Johnson approving Ordinance No. 13,611 regarding agenda item 3.b. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Terry Sain, Council Member David McCartney, and Mayor Pro
Tem Chris Presley
Nays: None
Other:
Approved
ORDINANCE NO. 13,611
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF HUFF & MITCHELL, INC., FOR THE
GARTH ROAD LIFT STATION PROJECT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH HUFF & MITCHELL, INC., FOR SAID
PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM OF
THREE MILLION EIGHT HUNDRED SIXTY-NINE THOUSAND TWO
HUNDRED SIXTY-FIVE AND 70/100 DOLLARS ($3,869,265.70); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c. Consider an ordinance terminating the Declaration of Local Disaster.
Interim Fire Chief, Dana Dalbey presented the agenda item and stated that the City has reached
the point where the Declaration of Local Disaster, which was issued by the Mayor on August 27,
2017, and extended by the City Council on August 31, 2017, can be closed out. He noted that the
City has now transitioned to the recovery phase and is working on filing its paperwork with
FEMA.
Council Member Hoskins asked how closing out this declaration of disaster would impact a
request for a tax re-evaluation for the homes that have been damaged by Harvey. Chief Dalbey
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stated that the closing out of this declaration would have no impact on anything moving forward.
Mayor DonCarlos noted that a reevaluation might be too late as tax bills have probably already
gone out. Finance Director, Wade Nickerson stated that the tax rolls have been adopted and the
tax bills would be sent out in the next two (2) weeks. Mr. Nickerson further stated that at this
time, he was not aware of Harris County conducting any type of reevaluation of their tax rolls
and noted that he didn't have details on the reevaluation process for Harris or Chambers
Counties,but would research the information and provide to Council as soon as possible.
A motion was made by Council Member David McCartney and seconded by Mayor Pro Tern
Chris Presley approving Ordinance No. 13,612 regarding agenda item 3.c. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Terry Sain, Council Member David McCartney, and Mayor Pro
Tern Chris Presley
Nays: None
Other:
Approved
ORDINANCE NO. 13,612
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, TERMINATING THE DECLARATION OF LOCAL DISASTER;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
4. REPORTS
a. Receive the City of Baytown's Quarterly Financial and Investment Reports for the
Quarter Ending September 30,2017.
Mr. Nickerson presented the City of Baytown's Quarterly Financial and Investment Reports for
the Quarter Ending September 30, 2017, and stated that he was presenting the Council with the
preliminary numbers for such quarter. He noted that the Finance Committee met on October 24,
2017, for a detailed review and analysis of these reports. Additionally, he stated that there were
six(6)main points related to this report,which were as follows:
• the sales tax receipts for the general fund were a little high than 4% from last year and
came in 101%of budget;
• the total revenues came in at 104% of budget; the City had an excess for collection of
delinquent property taxes, sales tax revenues and IDA revenues; Aquatics was slightly
below the budgeted amount due to the number of rain days; and were right at 96% for
Hotel/Motel;
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• the Water& Sewer fund was right at 100% and the Sanitary Fund was at 98%;
• we came in under budget on our expenditures for the General, Aquatics and Hotel/Motel
funds;
• the expenditures for Water& Sewer Fund were right at 100% and the Sanitary Fund was
at 93%; and
• the investments were at a total of 1.0930% yield at the end of the year, which steadily
climbed throughout the year.
Council thanked Council Member David McCartney for his service and guidance on the Finance
Committee.
5. CONSENT
Council Member Hoskins requested that item 5.c. be pulled from the consent agenda and
considered separately.
A motion was made by Mayor Pro Tern Chris Presley and seconded by Council Member David
McCartney approving consent agenda items 5.a., 5.b., and 5.d. through 5.g. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Terry Sain, Council Member David McCartney, and Mayor Pro
Tern Chris Presley
Nays: None
Other:
Approved
a. Consider an ordinance authorizing an Industrial District Agreement with Eco
Services Operations Corp.
ORDINANCE NO. 13,613
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH ECO SERVICES OPERATIONS CORP.; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance authorizing a development agreement with Abby Baytown
Sr,LLC.
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ORDINANCE NO. 13,614
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A DEVELOPMENT
AGREEMENT WITH ABBY BAYTOWN SR, LLC; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
d. Consider an ordinance authorizing the renewal of the Annual Concrete Work
Contract with Teamwork Construction Services, Inc.
ORDINANCE NO. 13,615
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL CONCRETE WORK CONTRACT
WITH TEAMWORK CONSTRUCTION SERVICES, INC.; AUTHORIZING
PAYMENT OF A SUM NOT TO EXCEED TWO MILLION AND NO 100
DOLLARS ($2,000,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing the purchase of fourteen (14) Chevrolet Tahoe
Police Patrol Vehicles (PPV) from Reliable Chevrolet through the Tarrant County
Cooperative Agreement.
ORDINANCE NO. 13,616
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF FOUR HUNDRED SIXTY-WO
THOUSAND THREE HUNDRED SEVEN AND 16/100 DOLLARS
$462,307.16) TO RELIABLE CHEVROLET FOR THE PURCHASE OF
OURTEEN (14) 2018 CHEVROLET TAHOES FOR THE POLICE
EPARTMENT, THROUGH A COOPERATIVE PURCHASING AGREEMENT
WITH TARRANT COUNTY; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing the purchase of eight (8) Dodge Chargers from
Dodge City of McKinney through the BuyBoard.
ORDINANCE NO. 13,617
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED EIGHTY-
TWO THOUSAND FOUR HUNDRED SEVENTY-FOUR AND NO/100
DOLLARS ($182,474.00) TO DODGE CITY OF MCKINNEY, THROUGH
THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY
BOARD), FOR THE PURCHASE OF EIGHT (8) DODGE CHARGERS FOR
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THE POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Consider an ordinance approving an expenditure through the Texas Local
Government Purchasing Cooperative (Buyboard) with Progressive Commercial Aquatics,
Inc., for slide refmishing at Pirates Bay Water Park.
ORDINANCE NO. 13,618
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY-SIX THOUSAND
NINE HUNDRED FORTY-NINE AND N0/100 DOLLARS ($86,949.00) TO
PROGRESSIVE COMMERCIAL AQUATICS, INC., THROUGH THE TEXAS
LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD)
FOR THE CLEANING, WASHING AND POLISHING (WAXING) OF THE
SLIDES AT PIRATES BAY WATER PARK; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Mayor DonCarlos stated that the Council would now entertain item 5.c.
c. Consider an ordinance amending Chapter 22 "Civil Emergencies," Article III "Pre-
Disaster Management," Division 1 "Residential Board and Care Occupancy" of the Code
of Ordinances, Baytown, Texas, to update the administrator of the division and to remove
references to the Life Safety Code.
Council Member Hoskins made a motion to suspend this item to allow time to review all of the
related information and the impacts of the removal of the Life and Safety Code from this
Chapter.
Chief Dalbey stated that the City uses the International Building and Fire Codes and not the Life
Safety Code. He stated that the only reference that's used from the Life Safety Code in this
Chapter is for existing and new structure nursing homes. He stated that many of the existing
nursing homes could not bring their structures up to Code and example being changing all the
doors from 32 inches to 36 inches, which can be very costly. He stated that staff reviewed the
Code and felt that the Life Safety Code was not necessary as the International Building and Fire
Codes that are already in place are sufficient to protect the health, safety and welfare of the
community without placing an excessive financial burden on these nursing homes. After further
review, Council Member Hoskins withdrew his motion to suspend the item and made a motion to
approve the item as submitted.
A motion was made by Council Member Robert C. Hoskins, and seconded by Council Member
Terry Sain approving Ordinance No. 13,619 regarding agenda item 5.c. The vote was as follows:
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Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
Member Terry Sain, Council Member David McCartney, and Mayor Pro
Tern Chris Presley
Nays: None
Other:
Approved
ORDINANCE NO. 13,619
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 22 "CIVIL EMERGENCIES," ARTICLE III
"PRE - DISASTER MANAGEMENT," DIVISION 1 "RESIDENTIAL BOARD
AND CARE OCCUPANCY," SECTION 22-101 "DEFINITIONS" AND
SECTION 22-101.5 "STANDARDS" OF THE CODE OF ORDINANCES,
BAYTOWN,TEXAS;TO REVISE THE DEFINITIONS OF "COORDINATOR"
AND "EXISTING RESIDENTIAL BOARD AND CARE FACILITY" AND TO
UPDATE THE STANDARDS BY WHICH RESIDENTIAL CARE AND
BOARD FACILITIES MUST ABIDE; REPEALING CHAPTER 22 "CIVIL
EMERGENCIES," ARTICLE III "PRE - DISASTER MANAGEMENT,"
DIVISION 1 "RESIDENTIAL BOARD AND CARE OCCUPANCY," SECTION
22-101 "DEFINITIONS" AND SECTION 22-101.3 "LIFE SAFETY CODE" OF
THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REPEAL THE
DEFINITION OF "LIFE SAFETY CODE." AND TO REMOVE REFERENCES
TO SUCH CODE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO/100 DOLLARS ($500.00); PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE PUBLICATION AND EFFECTIVE DATE THEREOF.
6. MANAGER'S REPORT
a. The Annual Veterans Day Service will be held at the Veterans Memorial Plaza
located at Bicentennial Park, 1001 Market Street, on Saturday, November 11, 2017, at
11:00 A.M.
Mr. Scott Johnson presented the agenda item and stated that this year's Annual Veterans Day
Service would be held at the Veterans Memorial Plaza located at Bicentennial Park, 1001 Market
Street, on Saturday, November 11, 2017, at 11:00 A.M. Additionally, he stated that in the event
of bad weather, the Service would be moved to the Community Center, 2407 Market Street,
same time and date.
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b. The Environmental Protectors Initiating Change (EPIC) Spooktacular will he held
at the Eddie V. Gray Wetlands Education Center on Saturday, October 28, from 6:00 P.M.
to 9:00 P.M.
Mr. Scott Johnson presented the agenda item and stated this year's EPIC Spooktacular would be
held at the Eddie V. Gray Wetlands Education:Center on Saturday, October 28, from 6:00 P.M.
to 9:00 P.M. He stated that admission is $5 per person and would benefit the EPIC's end of year
education/research trip. Additionally, he stated that the activities would include face painting, a
mad scientist lab, crafts and games, photo booths, indoor trick or treating and live tarantulas,
snakes, and more.
City Manager Davis stated that he attended the ICMA Conference in San Antonio and was
invited to participate in a panel discussion with city managers from Rockport, Alvin, and
Victoria regarding Hurricane Harvey and was then broadcasted by ICMA TV. He further
congratulated Officer Kevin Dunlap for attaining his peace officer certificate effective October
11, 2017.
City Clerk, Leticia Brysch stated that the early voting location for the November 07, 2017,
General Election differ by county and noted that they are as follows:
Harris County will have a branch early voting location within the City limits of Baytown at the
Baytown Community Center, 2407 Market Street, Baytown, Texas 77520.
Monday, October 23 —Friday, October 2, from 8:00 A.M. -4:30 P.M.
Saturday, October 28, from 7:00 A.M. - 7:00 P.M.
Sunday, October 29, from 1:00 P.M. -6:00 P.M.
Monday, October 30— Friday,November 3, from 7:00 A.M. - 7:00 P.M.
Chambers County will have a branch early voting location within the City limits of Baytown at
the Chambers County Community Building—Cedar Bayou Annex, 7711 Highway 146, Baytown,
Texas, 77523. The early voting office hours are as follows:
Monday, October 30—Thursday, from November 2, 7:00 A.M. - 7:00 P.M.
Friday,November 3, from 7:00 A.M. - 5:00 P.M.
Mayor DonCarlos stated that there were very important constitutional amendments on the ballot
for this election and encouraged everyone who could to get out and vote.
7. ADJOURN
A motion was made by Mayor Pro Tem Chris Presley and seconded by Council Member David
McCartney adjourning the October 26, 2017, City Council Regular Meeting. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member Laura Alvarado, Council
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Member Terry Sain, Council Member David McCartney, and Mayor Pro
Tern Chris Presley
Nays: None
Other:
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the October 26,
2017, City Council Regular Meeting at 8:10 P.M.
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Leticia Brysch, City Cler' f?P& °a'
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