2018 07 12 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF BAYTOWN
July 12, 2018
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, July 12,
2018, at 6:33 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Laura Alvarado
Robert Hoskins
Charles Johnson
David Himsel
Chris Presley
Heather Betancourth
Stephen H. DonCarlos
Rick Davis
Ignacio Ramirez
Leticia Brysch
Keith Dougherty
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor DonCarlos convened the July 12, 2018, City Council Regular Meeting with a quorum
present at 6:33 P.M., all members were present.
Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Presley.
1. MINUTES
a. Consider approving the minutes of the City Council Work Session and Regular
Meeting held on June 14, 2018.
A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem
Laura Alvarado approving the June 14, 2018, City Council Work Session and Regular Meeting
minutes. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro
Tem Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
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July 12, 2018
Page 2 of 14
2. AMENDMENT TO THE BAYTOWN 2025 COMPREHENSIVE PLAN'S FUTURE
LAND USE
a. Conduct a public hearing regarding an amendment to the Baytown 2025
Comprehensive Plan's Future Land Use Plan (FLUP) from Low -Medium Density
Residential to Commercial Corridor along Massey Tompkins Road from North Main
Street to Crosby Cedar Bayou Road.
At 6:35 P.M., Mayor DonCarlos opened and conducted a public hearing regarding an
amendment to the Baytown 2025 Comprehensive Plan's Future Land Use Plan (FLUP) from
Low -Medium Density Residential to Commercial Corridor along Massey Tompkins Road from
North Main Street to Crosby Cedar Bayou Road.
Director of Planning and Community Development, Tiffany Foster summarized the public
hearing and stated that the Comprehensive Plan from 2025 includes the Future Land Use Plan
(FLUP). She stated that in the year 2013, the Council adopted a new zoning code, as well as,
a FLUP, in which at that time the Massey Tompkins Corridor in total was designated as a low to
medium density area, which means that should drive that type of development that would go
along that corridor in the future. Mrs. Foster stated that there were many properties along
the corridor that were not consistent with the FLUP. She noted that there's been interest for new
and redevelopment along Massey Tompkins. She stated staff s recommendation is to change the
future land use designation for a portion of Massey Tompkins being just east of North Main to
Crosby Cedar Bayou to a commercial corridor. She stated that the remaining portion on the east
of Crosby Cedar Bayou would remain as a low to medium density corridor. Mrs. Foster noted
that the in reviewing the area, staff found that the zoning of the portion to Crosby Cedar Bayou
was already zoned general commercial (GC) and many of the uses were consistent with such
zoning, but in going east of Crosby Cedar Bayou most of that area was residential. She further
noted that in the low medium residential designation in the FLUP, some small scale commercial
is allowed, but the GC designation is too intense in a low medium designation.
With there being no one registered to speak regarding agenda item 2.a., Mayor DonCarlos closed
the public hearing at 6:39 P.M.
b. Consider an ordinance amending the Baytown 2025 Comprehensive Plan's Future
Land Use Plan (FLUP) from Low -Medium Density Residential to Commercial Corridor
for the area located along the Massey Tompkins Road corridor from its intersection with
North Main Street to Crosby Cedar Bayou Road.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Charles Johnson approving Ordinance No. 13,804, regarding agenda item 2.b. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro
Tem Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,804
City Council Regular Meeting Minutes
July 12, 2018
Page 3 of 14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE BAYTOWN 2025 COMPREHENSIVE PLAN TO
CHANGE THE THOROUGHFARE PLAN ALONG THE MASSEY
TOMPKINS ROAD CORRIDOR FROM ITS INTERSECTION WITH NORTH
MAIN STREET TO CROSBY CEDAR BAYOU ROAD FROM LOW -
MEDIUM DENSITY RESIDENTIAL TO COMMERCIAL CORRIDOR; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
3. REZONING OF APPROXIMATELY ONE ACRE TRACT OF LAND AT 3318
MASSEY TOMPKINS ROAD
a. Conduct a public hearing regarding a request to amend the official zoning map to
rezone approximately 1.0 acre of land located at 3318 Massey Tompkins Road, about 2,300
feet west of State Highway 146 and 900 feet east of Raccoon Road on the south side of
Massey Tompkins Road, Harris County, Texas, from a Mixed Residential at Low to
Medium Densities (SF2) Zoning District to a Neighborhood Serving Commercial (NSC)
Zoning District.
At 6:41 P.M., Mayor DonCarlos opened and conducted the public hearing regarding a
request to amend the official zoning map to rezone approximately 1.0 acre of land located at
3318 Massey Tompkins Road, about 2,300 feet west of State Highway 146 and 900 feet east of
Raccoon Road on the south side of Massey Tompkins Road, Harris County, Texas, from a Mixed
Residential at Low to Medium Densities (SF2) Zoning District to a Neighborhood Serving
Commercial (NSC) Zoning District.
Mrs. Foster summarized agenda item 3.a. and stated that the applicant purchased the subject
property with the goal of relocating her existing furniture store at 2209 W. Main Street to the
proposed new location, which is zoned for single-family residential land uses. She stated that this
meets the intent of the FLUP and the applicant's desire is to rezone the property from single
family to neighborhood serving commercial (NSC).
Norma Torres registered to speak at the public hearing, regarding agenda item 3.a.
Council member Presley inquired if the building was the renovation of existing or new
construction. Ms. Torres stated that the building would be new construction.
Mayor DonCarlos inquired of the square footage of the building. Ms. Torres stated that the
existing building is approximately 2,200 sq. ft., but the new facility would be bigger. She further
noted that she was not certain of the footage, because she wasn't sure if she would be able to
move forward with the building.
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July 12, 2018
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Council Member Alvarado asked Ms. Torres of her intent for the existing building once she
moves. Ms. Torres stated that she plans to keep the existing building with the possibility of
remaining to sale furniture from it or turning it into a salon.
b. Consider an ordinance amending the official zoning map to rezone approximately
1.0 acre of land located at 3318 Massey Tompkins Road, about 2,300 feet west of State
Highway 146 and 900 feet east of Raccoon Road on the south side of Massey Tompkins
Road, Harris County, Texas, from a Mixed Residential at Low to Medium Densities (SF2)
Zoning District to a Neighborhood Serving Commercial (NSC) Zoning District.
Council Member Himsel noted that when this item was discussed at the planning and zoning
meeting there was no opposition from the residents that were in attendance.
Additionally, Council Member Alvarado noted that Ms. Torres was a good neighbor in the area
and there were no complaints.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Charles Johnson approving Ordinance No. 13,805, 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 David Himsel, Mayor Pro
Tem Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,805
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF
BAYTOWN TO REZONE APPROXIMATELY 1.0 ACRE OF LAND,
LOCATED AT 3318 MASSEY TOMPKINS ROAD, ABOUT 2,300 FEET
WEST OF STATE HIGHWAY 146 AND 900 FEET EAST OF RACCOON
ROAD ON THE SOUTH SIDE OF MASSEY TOMPKINS ROAD, HARRIS
COUNTY, TEXAS, FROM A MIXED RESIDENTIAL AT LOW TO MEDIUM
DENSITIES (SF2) ZONING DISTRICT TO A NEIGHBORHOOD SERVING
COMMERCIAL (NSC) ZONING DISTRICT; PRESCRIBING A MAXIMUM
PENALTY OF TWO THOUSAND AND NO/100 DOLLARS ($2,000.00);
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
4. CITY OF BAYTOWN GENERAL AND SPECIAL ELECTIONS
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July 12, 2018
Page 5 of 14
a. Consider an ordinance ordering the City of Baytown General Election to be held on
November 06, 2018, for the purpose of electing a Mayor.
A motion was made by Council Member Chris Presley and seconded by Council Member
Charles Johnson approving Ordinance No. 13,806, regarding agenda item 4.a. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro
Tem Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,806
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING THE MUNICIPAL ELECTION TO BE HELD ON THE
6TH DAY OF NOVEMBER, 2018, FOR THE PURPOSE OF ELECTING A
MAYOR OF THE CITY OF BAYTOWN; DESIGNATING THE PLACES AND
MANNER OF HOLDING SAID ELECTION; PRESCRIBING THE HOURS;
ESTABLISHING THE CENTRAL COUNTING STATION; PROVIDING FOR
AN EARLY VOTING BALLOT BOARD FOR EARLY BALLOTS;
PROVIDING FOR THE POSTING AND PUBLICATION OF NOTICE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance ordering a City of Baytown Special Election to be held on
November 06, 2018, for the purpose of voting for or against a proposition calling for
the continuation of the street maintenance sales tax for another four (4) years.
Mayor DonCarlos noted that all of the money from the street maintenance sales tax is spent
on fixing streets and requested the support of the citizens for the renewal of such proposition.
A motion was made by Council Member Robert C. Hoskins and seconded by Council Member
Heather Betancourth approving Ordinance No. 13,807, regarding agenda item 4.b. The vote was
as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro
Tem Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,807
City Council Regular Meeting Minutes
July 12, 2018
Page 6 of 14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 6`h DAY
OF NOVEMBER, 2018, FOR THE PURPOSE OF REAUTHORIZING THE
LOCAL SALES AND USE TAX IN THE CITY OF BAYTOWN AT THE
RATE OF ONE-FOURTH OF ONE PERCENT TO CONTINUE PROVIDING
REVENUE FOR MAINTENANCE AND REPAIR OF MUNICIPAL STREETS;
DESIGNATING THE PLACES AND MANNER OF HOLDING SAID
ELECTION; PRESCRIBING THE HOURS; ESTABLISHING THE CENTRAL
COUNTING STATION; PROVIDING FOR AN EARLY VOTING BALLOT
BOARD FOR EARLY BALLOTS; PROVIDING FOR THE POSTING AND
PUBLICATION OF NOTICE; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
C. Consider an ordinance amending Chapter 2 "Administration," Article VIII "Code
of Ethics," Division 2 "Standards," Section 2-803 "Standards of Conduct" of the Code of
Ordinances of the City of Baytown, Texas, to establish a procedure to address potential
violations of Section 13 of the Charter.
City Attorney, Ignacio Ramirez presented the agenda item and stated that the Charter Review
Committee (the "Committee") recommended adding a procedure to address potential violations
of Section 13 regarding qualifications of Council Members to the Charter. He stated that, in lieu
of amending the Charter for this purpose, the Committee suggested amending the Ethics
Ordinance, which already has an established procedure to address violations of the standards of
conduct.
Council Member Presley inquired for clarity if the process was that Council would follow the
determination of the Ethics Committee and then Council would take action. Mr. Ramirez stated
that Council Member Presley's inquiry for clarity was correct.
Council Member Alvarado inquired if Council had to go along with the recommendation
from the Ethics Committee. Mr. Ramirez stated that Council did not have to go along with the
Ethics Committee recommendation.
Council Member Betancourth inquired that if the process was in the Charter instead of the Code
would it cut out the Ethics Committee and go directly to Council. Mr. Ramirez stated
that currently in the Charter, Council could take action to investigate such complaints, but the
feeling of the Charter Committee was that Council never did although there was a violation of
the charter. He further noted that he explained to the Charter Review Committee that this process
is not a guarantee, as these types of cases are hard to stick in court. Additionally, he noted that
this is a process for another body to review and submit a recommendation.
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July 12, 2018
Page 7 of 14
A motion was made by Council Member Charles Johnson and seconded by Council Member
David Himsel approving Ordinance No. 13,808, regarding agenda item 4.c. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro
Tem Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,808
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE VIII
"CODE OF ETHICS," DIVISION 2 "STANDARDS," SECTION 2-803
"STANDARDS OF CONDUCT" OF THE CODE OF ORDINANCES OF THE
CITY OF BAYTOWN, TEXAS, TO ADD A STANDARD CONSISTENT
WITH THE CHARTER REGARDING QUALIFICATIONS FOR OFFICE;
CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
d. Consider an ordinance ordering a City of Baytown Special Election to be held on
November 06, 2018, for the purpose of voting for or against amendments to the Charter of
the City of Baytown.
Mr. Ramirez presented the agenda item and stated that the existing language is states that the
City could annex with or without consent, but has been removed with the language added to say,
"to comply with existing law".
City Clerk, Leticia Brysch noted for clarification that since the Council approved the complaint
process through the code, the proposition that speaks to such item need to be eliminated. In
response to Mrs. Brysch noted clarification, Mr. Ramirez stated that in the previous action item,
whereas, Council adopted such procedure, no longer needs to be in the Charter ballot language
and would be removed; and therefore, an Ordinance B would remove such.
A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem
Laura Alvarado approving Ordinance No. 13,809, regarding agenda item 4.d., amending to
remove the complaint process from Proposition K. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro
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July 12, 2018
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Tem Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
A motion was made by Council Member Robert C. Hoskins and seconded by Mayor Pro Tem
Laura Alvarado approving Ordinance No. 13,809, regarding agenda item 4.d. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro
Tem Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,809
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD ON THE 6TH
DAY OF NOVEMBER, 2018, FOR THE PURPOSES OF AMENDING
ARTICLE I "INCORPORATION; FORM OF GOVERNMENT; CORPORATE
AND GENERAL POWERS," SECTION 5 'EMINENT DOMAIN," SECTION 6
"STREET POWERS," SECTION 7 "STREET IMPROVEMENTS," AND
SECTION 9, EXTENDING LIMITS BY ACTION OF THE CITY COUNCIL"
ARTICLE 11 "THE COUNCIL," SECTION 12 "NUMBER, SELECTION,
TERM," SECTION 13 "QUALIFICATIONS," SECTION 21 "RIGHT OF THE
CITY MANAGER AND OTHER OFFICERS IN COUNCIL," SECTION 22
"ADMINISTRATIVE DEPARTMENTS," SECTION 23 "CITY CLERK, AND
SECTION 27 "RULES OF PROCEDURE; JOURNAL"; ARTICLE IV
"DEPARTMENT OF LAW," SECTION 39 "CITY ATTORNEY; POWERS
AND DUTIES"; ARTICLE V "THE BUDGET" SECTION 41 "PREPARATION
AND SUBMISSION OF BUDGET"; ARTICLE VII "FINANCE
ADMINISTRATION," SECTION 67 "DIRECTOR OF FINANCE; POWERS
AND DUTIES"; ARTICLE IX "NOMINATIONS AND ELECTIONS,"
SECTION 96 "CANVASSING ELECTIONS"; ARTICLE XI "FRANCHISES
AND PUBLIC UTILITIES," SECTION 117 "FRANCHISES; POWER OF
COUNCIL," SECTION 123 "FRANCHISE RECORDS," SECTION 124
"ACCOUNTS OF MUNICIPALLY OWNED UTILITIES," SECTION 125
"REGULATION OF RATES AND SERVICE" AND ARTICLE XII "GENERAL
PROVISIONS," SECTION 128 "OATH OF OFFICE," SECTION 133
"HOUSING AUTHORITY," SECTION 134 "PROVISIONS RELATING TO
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July 12, 2018
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ASSIGNMENT, EXECUTION AND GARNISHMENT," SECTION 138
"AMENDING THE CHARTER," SUBSECTION (E) "CHARTER REVIEW
COMMITTEE," AND SECTION 140 "CONSTRUCTION OF CHARTER" OF
THE CHARTER OF THE CITY OF BAYTOWN, TEXAS; REPEALING
ARTICLE XII "GENERAL PROVISIONS," SECTION 130 "HOSPITAL;
OPERATION" AND SECTION 131 HOSPITAL; FINANCES"; ARTICLE XII
"GENERAL PROVISIONS," SECTION 133 "HOUSING AUTHORITY"; AND
ARTICLE XII "GENERAL PROVISIONS," SECTION 136 "EFFECT OF THIS
CHARTER ON EXISTING LAW" AND SECTION 137 "INTERIM
MUNICIPAL GOVERNMENT" OF THE CHARTER OF THE CITY OF
BAYTOWN, TEXAS; DESIGNATING THE PLACES AND MANNER OF
HOLDING SAID ELECTION; PRESCRIBING THE HOURS; ESTABLISHING
THE CENTRAL COUNTING STATION; PROVIDING FOR AN EARLY
VOTING BALLOT BOARD FOR EARLY BALLOTS; PROVIDING FOR THE
POSTING AND PUBLICATION OF NOTICE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
5. PROPOSED ORDINANCES
a. Consider an ordinance on second reading extending and granting a natural gas
franchise with CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Texas Gas
Operations.
The second reading was read via electronic recording.
A motion was made by Council Member Charles Johnson and seconded by Mayor Pro Tem
Laura Alvarado approving the second reading of Ordinance No. 13,795, regarding agenda item
5.a. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro
Tem Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
ORDINANCE NO. 13,795
AN ORDINANCE GRANTING TO CENTERPOINT ENERGY RESOURCES
CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS, THE
RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, INSTALL,
EXTEND, REMOVE, REPLACE, ABANDON, OPERATE AND MAINTAIN
ITS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY
OF BAYTOWN, TEXAS, FOR THE TRANSPORTATION, DELIVERY, SALE
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July 12, 2018
Page 10 of 14
AND DISTRIBUTION OF NATURAL GAS; CONTAINING OTHER
PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING
FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
6. DISCUSSIONS
a. Receive the Fiscal Year 2018-19 Budget of the Baytown Crime Control and
Prevention District.
Finance Director, Wade Nickerson presented the agenda item and stated that the Board of
Directors ("Board") of the Baytown Crime Control and Prevention District ("CCPD") met
on July 10, 2018, and approved its Fiscal Year 2018-19 budget. Additionally, he stated that the
public hearing for this item was scheduled for August 9th and consideration for the budget's
approval was scheduled for August 23rd.
This agenda item was for the Council's receipt.
7. CONSENT
A motion was made by Council Member Chris Presley and seconded by Council Member
Charles Johnson approving consent agenda items 7.a. through 7.g. The vote was as follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro
Tem Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
a. Consider an ordinance authorizing the City Manager to negotiate and execute a
Joint Election Agreement with Harris County, Texas, for the Municipal and Special
Elections to be held on November 06, 2018.
ORDINANCE NO. 13,810
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
ENTER INTO A JOINT ELECTION AGREEMENT WITH HARRIS COUNTY
FOR THE MUNICIPAL AND SPECIAL ELECTIONS TO BE HELD ON THE
6TH DAY OF NOVEMBER, 2018, UNDER TERMS AND CONDITIONS
ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY;
AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TO
EXCEED FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
City Council Regular Meeting Minutes
July 12, 2018
Page 11 of 14
b. Consider an ordinance authorizing the City Manager to negotiate and execute a
Joint Election Agreement with Chambers County, Texas, for the Municipal and Special
Elections to be held on November 06, 2018.
ORDINANCE NO. 13,811
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
ENTER INTO A JOINT ELECTION AGREEMENT WITH CHAMBERS
COUNTY FOR THE MUNICIPAL AND SPECIAL ELECTIONS TO BE HELD
ON THE 6TH DAY OF NOVEMBER, 2018, UNDER TERMS AND
CONDITIONS ACCEPTABLE TO THE CITY MANAGER AND THE CITY
ATTORNEY; AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT
NOT TO EXCEED TWENTY THOUSAND AND NO/100 DOLLARS
($20,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
C. Consider an ordinance awarding a construction contract to Texas Pride Utilities,
LLC, for the Lakewood Pipebursting Project.
ORDINANCE NO. 13,812
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF TEXAS PRIDE UTILITIES, LLC, FOR
THE LAKEWOOD PIPEBURSTING PROJECT; AUTHORIZING AND
DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH TEXAS PRIDE UTILITIES, LLC, FOR
SAID PROJECT; AUTHORIZING PAYMENT NOT TO EXCEED THE SUM
OF TWO HUNDRED THIRTY THOUSAND SIX HUNDRED FIFTY AND
NO/100 DOLLARS ($230,650.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Consider an ordinance authorizing payment to Axon Enterprise Inc., f/k/a Taser
International, Inc., for the second -year of a three-year plan for the Police Department's
Body -Worn Camera Replacement Program.
ORDINANCE NO. 13,813
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE HUNDRED FOURTEEN
THOUSAND FOUR HUNDRED NINE AND 40/100 DOLLARS ($114,409.40)
TO AXON ENTERPRISE INC. F/K/A TASER INTERNATIONAL, INC., FOR
THE PURCHASE OF ONE HUNDRED TEN (I 10) BODY -WORN CAMERAS
WITH RELATED EQUIPMENT AND AN ALL-INCLUSIVE UNLIMITED
DATA STORAGE PLAN FOR THE POLICE DEPARTMENT, THROUGH
THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY
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July 12, 2018
Page 12 of 14
BOARD); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider an ordinance approving the sole source purchase of one (1) 304SS Duplex
Nema4X 480V/3 Phase Control Panel with related appurtenances from Hahn Equipment
Co., Inc., for the East District Wastewater Treatment Plant Lift Station.
ORDINANCE NO. 13,814
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SIXTY-EIGHT
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($68,500.00) TO
HAHN EQUIPMENT COMPANY, INC., FOR THE SOLE -SOURCE
PURCHASE OF ONE (1) 304SS DUPLEX PHASE CONTROL PANEL WITH
RELATED APPURTENANCES FOR THE EAST DISTRICT WASTEWATER
TREATMENT PLANT LIFT STATION; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
L Consider a resolution authorizing the City of Baytown to submit an application to
participate in the Texas Department of Housing and Community Affairs (TDHCA) HOME
Single Family Program's Reservation System.
RESOLUTION NO. 2528
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION
TO TEXAS DEPARTMENT OF HOUSING & COMMUNITY AFFAIRS TO
PARTICIPATE IN THE HOME SINGLE FAMILY PROGRAM
RESERVATION SYSTEM FOR THE PURPOSE OF THE REHABILITATION
AND RECONSTRUCTION OF SINGLE-FAMILY RESIDENCES FOR LOW
TO MODERATE INCOME CITIZENS; DESIGNATING AN AUTHORIZED
REPRESENTATIVE FOR PURPOSES OF REPRESENTING THE CITY FOR
ALL PURPOSES ASSOCIATED WITH THE APPLICATION; DESIGNATING
AN AUTHORIZED REPRESENTATIVE TO ACCEPT OR AFFIRM ANY
GRANT AWARD THAT MAY RESULT THEREFROM AND TO EXECUTE
ANY RESULTING RESERVATION SYSTEM PARTICIPATION
AGREEMENT; AUTHORIZING AN AMOUNT NOT TO EXCEED THIRTY
THOUSAND AND NO/100 DOLLARS ($30,000.00) IN MATCHING FUNDS;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
g. Consider a resolution authorizing the City Manager to make application to the
United States Department of Housing and Urban Development (HUD) for the 2018-2019
Community Development Block Grant (CDBG) funds and designating an authorized
representative to accept and affirm any grant awarded as a result of the application.
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July 12, 2018
Page 13 of 14
RESOLUTION NO. 2529
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION
TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR THE 2018-2019 COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS; DESIGNATING AN AUTHORIZED
REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT
OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
8. MANAGER'S REPORT
a. The City of Baytown's 6th Annual Better Homes Expo is scheduled for Saturday,
July 21, 2018, from 10:00 A.M. to 2:00 P.M. in the Baytown Community Center, 2407
Market Street, Baytown, Texas.
CDBG Program Manager, June Tyler presented the agenda item and stated that the City of
Baytown's 6th Annual Better Homes Expo was scheduled for Saturday, July 21, 2018, from
10:00 A.M. to 2:00 P.M. in the Baytown Community. She stated that the focus was on Hurricane
Harvey recovery, so there would be a number of non-profit agencies, businesses and home
improvement companies in attendance, along with opportunities to receive free legal advice, get
a copy of your credit report, and other important information. Additionally, she noted that the
event is family friendly with door prizes, free food and activities for kids.
City Manager Davis acknowledged Frank Simoneaux, Mark LeBlanc, Sam Barker, Deanie King,
Chuck Jennings, and Jen Hughes for receiving their Black Belt designation from the PIPE
Academy. He recognized Officers Elsa Tobias, Barry Calvert, and Nathaniel Brown for
demonstrating the city's core value of caring while on and off duty. He further acknowledged
Officer Macla Aguilera and K-9 Charlie for having their photos submitted into a K-9 magazine
contest and calendar, as well as, Kevin Harvill for being selected to receive the 2018 Citation for
exemplary service from the American Public Works Association Texas Chapter. He also
recognized Officers Angel Puga and James Currie for assisting citizens with motor vehicle
issues. Additionally, City Manager Davis noted that the Trash Off event was scheduled for
Saturday, July 14th, from 8:00 A.M. to 12:00 P.M.
Lastly, Council Johnson announced that a basketball tournament was scheduled for July 14-15 at
Lee College.
9. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Texas Government Code,
Section 551.074 to deliberate the annual performance evaluation of the City Manager.
At 7:18 P.M., Mayor DonCarlos recessed into and conducted an executive session pursuant to
City Council Regular Meeting Minutes
July 12, 2018
Page 14 of 14
Texas Government Code, Section 551.074 to deliberate the annual performance evaluation of the
City Manager.
At 9:32 P.M., Mayor DonCarlos reconvened the Open Meeting of the Regular City Council
Meeting and announced that in accordance with Section 551.102 of the Texas Government Code,
no action was taken in the Executive Session.
b. Discuss and take appropriate action regarding the City Manager's annual
performance evaluation.
Mayor DonCarlos stated that Council was pleased with City Manager Davis's performance and
agreed to authorize a pay increase, bonus, and benefits for him. Additionally, he stated that City
Attorney was instructed to amend the City Manager's contract and submit provide for approval at
the next council meeting; therefore, no action was required for this agenda item.
10. ADJOURN
A motion was made by Mayor Pro Tem Laura Alvarado and seconded by Council Member
David Himsel adjourning the July 12, 2018, City Council Regular Meeting. The vote was as
follows:
Ayes: Mayor Stephen DonCarlos, Council Member Charles Johnson, Council
Member Robert C. Hoskins, Council Member David Himsel, Mayor Pro
Tem Laura Alvarado, Council Member Heather Betancourth, Council
Member Chris Presley
Nays: None
Approved
With there being no further business to discuss, Mayor DonCarlos adjourned the July 12, 2018,
City Council Regular Meeting at 9:34 P.M.
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Leticia Brysch, City Cler r� p
City of Baytown
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