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CC Resolution No. 1906 RESOLUTION BOOK NO. 17 RES. NO. SUBJECT DATE PAGE NO. 1828 ACCEPTING A TWENTY THOUSAND AND No/100 DOLLARS 1/11/07 1 ($20,000.00)CONTRIBUTION FROM EXXON MOBIL CORPORATION FOR THE ENHANCEMENT OF THE CITY OF BAYTOWN's RECYCLING PROGRAM; 1829 AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE 1/11/07 2 OFFICE OF THE GOVERNOR, DIVISION OF EMERGENCY MANAGEMENT, FOR FISCAL YEAR 2007 EMERGENCY MANAGEMENT PERFORMANCE GRANT TO ENHANCE THE CITY OF BAYTOWN'S READINESS AND RESPONSE CAPABILITIES; DESIGNATING AN AUTHORIZED REPRESENTATIVE;AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; 1830 APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR SALE OF 1/11/07 3 CITY OF BAYTOWN,TEXAS CERTIFICATES OF OBLIGATION SERIES 2007; 1831 SUPPORTING(I)THE EXTENSION OF AUTHORITY AND JURISDICTION 1/25/07 4 OF THE CHAMBERS COUNTY-CEDAR BAYOU NAVIGATION DISTRICT; (II)DISANNEXATION OF CERTAIN PROPERTY FROM THE CHAMBERS COUNTY-LIBERTY COUNTY NAVIGATION DISTRICT;(III)EXPANSION OF THE EXISTING BOARD OF DIRECTORS OF THE CHAMBERS COUNTY- CEDAR BAYOU NAVIGATION DISTRICT FROM FIVE TO SEVEN,AND(IV) SUPPORTING LEGISLATION BE INTRODUCED TO ACCOMPLISH SUCH GOAL; 1832 AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE 1/25/07 6 TEXAS RECREATIONAL TRAIL PROGRAM FUND FOR APPROXIMATELY ONE MILE OF NEW DECOMPOSED GRANITE TRAILS AND RELATED IMPROVEMENTS IN THE BAYTOWN NATURE CENTER IN AN AMOUNT OF SIXTY-ONE THOUSAND EIGHT HUNDRED SEVENTY-NINE AND No/100 DOLLARS($61,879.00);AUTHORIZING AN IN-KIND MATCH OF FIFTEEN THOUSAND FOUR HUNDRED SEVENTY AND NO/100 DOLLARS($15,470.00); 1833 REPEALING RESOLUTION No. 1602,WHICH APPROVED PRIVATE 02/08/07 8 SEWER LINE REPAIR AND REPLACEMENT PROGRAM GUIDELINES AND WAS ADOPTED ON SEPTEMBER 11,2003;ADOPTING THE RESIDENTIAL SEWER LINE REPAIR AND REPLACEMENT PROGRAM GUIDELINES TO PROVIDE FUNDING FOR QUALIFIED HOMEOWNERS; 1834 APPROVING THE VILLAS AT GOOSE CREEK DEVELOPMENT PROJECT 02/08/07 9 AND AUTHORIZING THE ALLOCATION OF HOUSING TAX CREDITS FOR SUCH PROJECT; • 1835 GRANTING THE PETITION OF MOHAMED AZIZ MOMIM, CONCERNING 02/22/07 11 THE ANNEXATION OF A 10.8162 ACRE TRACT OF LAND BEING OUT OF LOT 5 OF THE SUBDIVISION OF THE GEORGE ELLIS SURVEY,ABSTRACT No.21 IN HARRIS COUNTY,TEXAS,AND BEING A PART OF THAT CERTAIN CALLED 20.971 ACRE TRACT DESCRIBED IN DEED RECORDED UNDER CLERK'S FILENO. L330578 OF THE DEED RECORDS OF HARRIS COUNTY,TEXAS;AUTHORIZING THE PREPARATION OF A SERVICE PLAN; 1836 AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE 02/22/07 12 CERTIFICATES OF OBLIGATION; 1837 AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL 02/22/07 13 AND NO LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT AND THE CHIEF EXECUTIVE OFFICER'S APPROVAL REGARDING SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE REFUNDING NOTES;SERIES 2007A; 1838 AUTHORIZING THE CITY of BAYTOWN'S CO-SPONSORSHIP OF THE 03/22/07 14 THIRD ANNUAL COUNTRY MUSIC SHOWCASE AT BAYLAND ISLAND ON APRIL 29,2007, BENEFITING CHILDHOOD CANCER FAMILY ALLIANCE, INC., BY WAIVING CERTAIN FEES ASSOCIATED WITH THE EQUIPMENT FURNISHED BY THE CITY'S PARKS AND RECREATION DEPARTMENT; 1839 CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON MAY 03/22/07 16 24, 2007,AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN,TEXAS; CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON MAY 22, 2007,AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL. 1840 GRANTING THE PETITION OF JAMES W. GUSTAFSON, 03/22/07 17 PRESIDENT OF GUSTAFSON GROUP, INC.,THE GENERAL PARTNER OF LAND EQUITIES 102, LTD.,CONCERNING THE ANNEXATION OF A.3401 ACRE TRACT OF LAND IN THE ED.T.SCHAFFER SURVEY (W.C.&R.R.),ABSTRACT 1224, HARRIS COUNTY,TEXAS OUT OF AND A PART OF LOT 3, BILK 7 OF EAST END ADDITION TO HIGHLANDS FARMS SUBDIVISION,AS RECORDED IN VOLUME 15 AT PAGE 60 OF THE MAP RECORDS OF HARRIS COUNTY,TEXAS; 1841 SUPPORTING THE PASSAGE OF HOUSE BILL 3158,AS 03/22/07 18 AMENDED, RELATING TO THE NAME,POWERS,AND BOARD OF DIRECTORS OF THE CHAMBERS COUNTY-CEDAR BAYOU NAVIGATION DISTRICT; 1842 AUTHORIZING THE INTERIM CITY MANAGER OF THE CITY 03/22/07 19 OF BAYTOWN TO MAKE APPLICATION FOR CONTINUED FUNDING OF THE VICTIMS OF CRIME ACT GRANT TO THE STATE OF TEXAS, OFFICE OF THE GOVERNOR, CRIMINAL JUSTICE DIVISION FOR THE 2007-2008 PERIOD;AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED ELEVEN THOUSAND FOUR HUNDRED THIRTY-NINE AND NO/100 DOLLARS($11,439.00)AND AN IN-KIND MATCH NOT TO EXCEED ONE THOUSAND NINE HUNDRED FOURTEEN AND NO/100 DOLLARS($1,914.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE;ASSURING PROPER USE AND MAINTENANCE OF GRANT FUNDS; 1843 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 04/12/07 21 BAYTOWN,TEXAS,ACCEPTING A CONTRIBUTION FROM EXXONMOBIL CORPORATION IN THE AMOUNT OF SIXTY THOUSAND AND NO 1100 DOLLARS($60,000.00)SUPPORTING THE BAYTOWN NATURE CENTER'S ENVIRONMENTAL EDUCATION PROGRAMS AND THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER'S WETLANDS ECOLOGY PROGRAM; 1844 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, 04/12/07 22 TEXAS,CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON MAY 1,2007,AT 4:00 P.M. IN THE HULLUM CONFERENCE ROOM AT CITYHALL; 1845 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 04/12/07 23 BAYTOWN TEXAS, SUPPORTING THE PASSAGE OF HOUSE BILL 4038,AS FILED BY REPRESENTATIVE CHARLIE HOWARD ON MARCH 27, 2007, RELATING TO THE POWERS AND DUTIES OF THE HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO.473 REGARDING ROAD PROJECTS AND THE AUTHORITY TOIMPOSE A TAX AND ISSUE BONDS; 1846 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN 04/12/07 24 BAYTOWN,TEXAS,ADOPTING ATRAVEL POLICY,CONTAINING A REPEALING CLAUSE; 1847 A RESOLUTION OF THE CITY COUNCIL OF THE CRM OF BAYTOWN, 04/12/07 25 TEXAS,AUTHORIZING THE CHAMBERS COUNTY MOSQUITO CONTROL DEPARTMENT TO USE AERIAL APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN THAT LIES WITHIN CHAMBERS COUNTY,TEXAS; 1848 AUTHORIZING THE CITY ATTORNEY TO TAKE ACTIONS NECESSARY 04/26/2007 26 TO ACQUIRE AN EASEMENT FROM GAITHER PETROLEUM CORPORATION THROUGH PROCEEDINGS IN EMINENT DOMAIN; 1849 GRANTING THE PETITION OF 219-I.H. 10, LTD.,A TEXAS LIMITED 04/26/2007 27 PARTNERSHIP, I.H.TEN-116, LTD.,ATEXAS LIMITED PARTNERSHIP, BAYTOWN RICELAND VENTURE, JV,A TEXAS JOINT VENTURE,AND TEN MAIN-BAYTOWN, LTD.,A TEXAS LIMITED PARTNERSHIP, CONCERNING THE ANNEXATION OF A 571.841 ACRE TRACT OF LAND BEING A 116.133-ACRE TRACT DESCRIBED AS TRACTS 1,2,3,4,AND 5 IN THE WARRANTY DEED WITH VENDOR'S LIEN RECODED UNDER HARRIS COUNTY CLERK'S FILE NO. 5592126 OF THE REAL PROPERTY RECORDS OF HARRIS COUNTY,TEXAS;A 69.95-ACRE TRACT DESCRIBED IN THE GENERAL WARRANTY DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO. G061967 OF THE REAL PROPERTY RECORDS OF HARRIS COUNTY,TEXAS,A 116.00-ACRE TRACT DESCRIBED IN THE GENERAL WARRANTY DEED RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO. G061963;A 43.31-ACRE TRACT DESCRIBED IN THE SPECIAL WARRANTY DEED WITH VENDOR'S LIEN RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO.T086062;AND A 226.453-ACRE TRACT DESCRIBED UNDER HARRIS COUNTY CLERK'S FILE NO. G350652;AUTHORIZING THE PREPARATION OF A SERVICE PLAN; 1850 GRANTING THE PETITION OF BETTY L.CRIDDLE, INDEPENDENTLY 04/26/2007 29 AND AS SOLE HEIR,TRUSTEE,AND EXECUTRIX OF THE ESTATES OF C.D. MONEYHON AND JONNIE MAE MONEYHON,AND SANCO PARTNERSHIP, LTD.,CONCERNING THE ANNEXATION OF A FIFTY-FOOT STRIP OF LAND ADJACENT TO THE EAST RIGHT-OF- WAY OF N. MAIN STREET,OUT OF TRACTS 3B, 3C, 3F,313 AND 51, ABSTRACT 21,OF THE G.ELLIS SURVEY, HARRIS COUNTY, TEXAS;AUTHORIZING THE PREPARATION OF A SERVICE PLAN; 1851 SUPPORTING THE PASSAGE OF HOUSE BILL 4017,AS FILED BY 04/26/2007 30 REPRESENTATIVE WAYNE SMITH ON MARCH 23,2007, RELATING TO THE CREATION OF THE HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO.510, PROVIDING AUTHORITY TO IMPOSE ATAX AND ISSUE BONDS,AN GRANTING THE POWER OF EMINENT DOMAIN; 1852 AUTHORIZING THE INTERIM CITY MANAGER TO MAKE APPLICA- 04/26/2007 31 TION TO U.S. DEPARTMENTOF HOMELAND SECURITY FOR A 2007 ASSISTANCE TO FIREFIGHTERS GRANT IN THE AMOUNT OF THREE HUNDRED THIRTY-THREE THOUSAND FIVE HUNDRED SEVENTY-EIGHT AND NO/100 DOLLARS($333,578.00)FOR THE PURPOSE OF PROVIDING FOR FIREFIGHTER SAFETY EQUIPMENT, TECHNICAL RESCUE TRAINING,AND AN EMERGENCY MEDICAL SERVICES MOBILE INTENSIVE CARE UNIT; DESIGNATING AN AUTHORIZED REPRESENTATIVE;AUTHORIZING THE REPRE- SENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM;AUTHORIZING EIGHTY-SIX THOUSAND SEVENTY-THREE AND NO/100 DOLLARS($86,073.00)IN MATCHING FUNDS; 1853 ADOPTING A CITY COUNCIL REIMBURSEMENT POLICY;CONTAINING A 05/10/2007 32 REPEALING CLAUSE; 1854 AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE 05/10/2007 33 GENERAL AND NO LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT REGARDING SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS(COSTA CLEMENTE APARTMENTS),SERIES 2007; 1855 AUTHORIZING THE INTERIM CITY MANAGER TO MAKE APPLICA- 05/10/2007 34 TION TO THE DEPARTMENT OF JUSTICE FOR A 2007 GRANT FOR THE HIGH INTENSITY DRUG TRAFFICKING AREA PROJECT IN THE AMOUNT OF NINE HUNDRED THOUSAND ONE HUNDRED FIVE AND NO/100 DOLLARS($900,105.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE;AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; 1856 DECLARING THE RESULTS OF THE REGULAR ELECTION HELD 05/22/2007 35 WITHIN THE CORPORATE LIMITS OF THE CITY OF BAYTOWN, TEXAS,ON THE 12TH DAY OF MAY, 2007, FOR THE PURPOSE OF ELECTING THREE COUNCILMEMBERS FROM DISTRICT NOS. ONE,TWO AND THREE; FINDING THAT NOTICE OF SAID ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS; 1857 GRANTING THE PETITION OF RICHARD J.THOMSON,JR., CON- 05/22/2007 37 CERNING THE ANNEXATION OF A 6.7-ACRE TRACT OF LAND OUT OF BLOCK 140 OF ELENA FRUIT AND COTTON FARMS, UNIT D,AN ADDITION IN HARRIS COUNTY TEXAS,ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 48 OF THE MAP RECORDS OF HARRIS COUNTY,TEXAS;AUTHORIZING THE PREPARATION OF A SERVICE PLAN; 1858 GRANTING THE PETITION OF GLOBEHEALTH PROPERTIES, L.P. 05/22/2007 38 CONCERNING THE ANNEXATION OF AN 11.5093-ACRE TRACT OF LAND SITUATED IN THE T. RISTERGEN SURVEY,ABSTRACT 1425, HARRIS COUNTY,TEXAS,AND BEING OUT OF AND A PART OF THAT CERTAIN CALLED 15.095 ACRE TRACT OF LAND CONVEYED BY L.D.WILBURN AND THEO WILBURN TO JESS W. MAYBIN AND MAY D. MAYBIN BY DEED DATED AUGUST 21, 1951,AND RECORDED IN VOLUME 2330 AT PAGE 380 OF THE DEED RECORDS OF HARRIS COUNTY,TEXAS,AND OUT OF AND A PART OF THAT CERTAIN CALLED 15.095 ACRE TRACT CONVEYED BY L.D.WILBURN AND THEO WILBURN TO JESS W. MAYBIN AND MAY D. MAYBIN BY DEED DATED MAY 7, 1948,AND RECORDED IN VOLUME 1769 AT PAGE 264 OF THE DEED RECORDS OF HARRIS COUNTY,TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; 1859 APPROVING THE ISSUANCE OF FIRST MORTGAGE NOTES(GOOSE CREEK 05/22/2007 40 RETIREMENT COMMUNITY PROJECT)TAX EXEMPTS SERIES 2007A AND TAXALE SERIES 2007E BY TARRANT COUNTY CULTURAL AND EDUCATION FACILITIES FINANCE CORPORATION FOR GOOSE CREEK RETIREMENT COMMUNITY, INC., 1860 GRANTING THE PETITION OF CHARLES GRUBE CONCERNING THE ANNEXA- 06/12/2007 42 TION OF A 1.0941 ACRE TRACT OF LAND SITUATED IN THE W.C. RAILROAD COMPANY SURVEY,ABSTRACT 899, HARRIS COUNTY,TEXAS AND BEING OUT OF AND A PART OF THAT CERTAIN CALLED 126.735 ACRE TRACT(TRACT ONE)CONVEYED BY FLORENCE GODFREY,ET AL,TO GARTH-ARCHER, CHARLES H. GRUBE,LTD, BY DEED DATED FEBRUARY 15, 1973,AND RECORDED UNDER COUNTY CLERK'S FILE NO. D806833 OF THE DEED RECORDS OF HARRIS COUNTY,TEXAS,AUTHORIZING THE PREPARATION OF A SERVICE PLAN; 1861 CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON 06/12/2007 43 JUNE 27,2007,AT 4:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN,TEXAS; 1862 REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE 06/12/2007 44 PROPERTY LOCATED AT 806 MARTIN LUTHER KING STREET AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C)OF THE TEXAS TAX CODE; 1863 AUTHORIZING THE INTERIM CITY MANAGER OF THE CITY OF BAYTOWN 06/28/2007 46 TO MAKE APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR FISCAL YEAR 2007 GRANT FUNDS FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM IN THE AMOUNT OF THIRTY THOUSAND THREE HUNDRED FOUR AND NO/100 DOLLARS($30,304.00); DESIGNATING AN AUTHORIZED REPRESEN- TATIVE;AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; 1864 AUTHORIZING THE INTERIM CITY MANAGER TO MAKE APPLICATION 07/12/2007 48 TO THE STATE HAZARD MITIGATION GRANT PROGRAM FOR A GRANT FOR FOUR HAZARD MITIGTION PROJECTS IN THE AMOUNT OF FOUR MILLION SIX HUNDRED FORTY-THREE THOUSAND TWO HUNDRED EIGHT AND 75/100 DOLLARS($4,643,208.75);AUTHORIZING THE CITY'S MATCH IN THE AMOUNT OF ONE MILLION FIVE HUNDRED FORTY-SEVEN THOUSAND SEVEN HUNDRED THIRTY-FIVE AND 25/100 DOLLARS ($1,547,735.25); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; 1865 AUTHORIZING THE INTERIM CITY MANAGER TO MAKE APPLICATION 07/12/2007 49 TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE 2007-2008 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS; DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; 1866 ESTABLISHING AN HISTORIC DISTRICT ONLY FOR PURPOSES OF THE H-GAC 07/12/2007 50 DOWNTOWN PUBLIC SPACES IMPROVEMENT PROGRAM,WHICH DISTRICT ENCOMPASSES CERTAIN PROPERTIES ADJACENT TO WEST DEFEE AVENUE, WEST TEXAS AVENUE,AND WEST PEARCE STREET; 1867 REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED 07/12/2007 52 AT 1311 CYPRESS STREET AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE; 1868 GRANTING THE CITY'S CONSENT FOR THE CONSTRUCTION, IMPROVEMENT AND 07/12/2007 54 MAINTENANCE OF CERTAIN ROADS AND THE ACQUISITION OF ADDITIONAL RIGHT- OF-WAY FOR SUCH ROADS WITHIN THE CITY OF BAYTOWN,HARRIS COUNTY, TEXAS, 1869 AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL AND NO 07/12/2007 56 LITIGATION CERTIFICATE 09F LOCAL GOVERNMENTAL UNIT AND THE CERTIFICATE OF HIGHEST ELECTED OFFICIAL'S APPROVAL REGARDING THE ISSUANCE OF SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S MULTIFAMILY HOUSING REVENUE BONDS(FOREST VIEW APARTMENTS)SERIES 2007; 1870 AUTHORZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL 07/12/2007 57 AND NO LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT RELATED TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS(THE VILLAS AT SHAVER APARTMENTS)SERIES 2007; 1871 ACCEPTING THE CITY OF BAYTOWN AQUATIC FACILITIES MASTER PLAN; 07/26/2007 58 1872 CANCELING THE REGULAR COUNCIL MEETING TO BE HELD ON 07/26/2007 59 NOVEMBER 8,2007,AND NOVEMBER 22,2007,AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN,TEXAS;CALLING SPECIAL COUNCIL MEETINGS TO BE HELD ON NOVEMBER 5,2007, AT 6:30 P.M.AND NOVEMBER 15, 2007,AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN,TEXAS; 1873 CALLING SPECIAL COUNCIL MEETINGS TO BE HELD ON JULY 30,2007 07/26/2007 60 AT 9:00 A.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; 1874 AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE GENERAL AND NO 07/26/2007 61 LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT RELATING TO THE SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS(LAKESIDE APARTMENTS)SERIES 2007; 1875 APPROVING THE BUDGET OF ECONOMIC ALLIANCE HOUSTON PORT 08/09/2007 62 REGION FOR THE FIRST TWO CONTRACT YEARS OF THE ECONOMIC DEVELOPMENT SERVICES AGREEMENT FOR TOURISM AND PROMOTION SERVICES; 1876 AUTHORIZING THE CITY OF BAYTOWN'S CO-SPONSORSHIP OF THE 08/23/2007 63 UNCLE SAM JAM FESTIVAL ON SEPTEMBER 2,2007,AT BAYLAND ISLAND BENEFITING HELPING A HERO.ORG BY WAIVING CERTAIN FEES ASSOCIATED WITH THE EQUIPMENT FURNISHED BY THE CITY'S PARKS AND RECREATION DEPARTMENT;SUBJECT TO THE TERMS AND CONDITIONS OF THE BAYLAND PARK AND WATERFRONT SPECIAL USE PERMIT; 1877 ESTABLISHING THE CITIZENS BOND ADVISORY COMMITTEE;APPROVING 09/13/2007 65 THE CHARTER OF SUCH COMMITTEE FOR THE PROJECTS INCLUDED IN THE NOVEMBER 2007 BOND ELECTION; 1878 APPOINTING AUTHORIZED REPRESENTATIVES TO EXECUTE SUPPLY 09/13/2007 66 AGREEMENTS WITH RETAIL ELECTRIC PROVIDERS; 1879 GRANTING THE PETITION OF XT BAYTOWN 565, LP,CONCERNING 09/13/2007 67 THE ANNEXATION OF A 52.7885 ACRE TRACT OF LAND SITUATED IN THE JACOB ARMSTRONG SURVEY,ABSTRACT 2, CHAMBERS COUNTY,TEXAS AND BEING ALL OF TRACT 1 (CALLED 50.4509 ACRES)CONVEYED BY DAVID M. KADJAR,TRUSTEE,TO J.G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 2,2004 AND RECORDED IN VOLUME 735 AT PAGE 648 OF THE OFFICIAL PUBLIC RECORDS OF CHAMBERS COUNTY, TEXAS;TOGETHER WITH ALL OF THAT CERTAIN CALLED 2.33 ACRE TRACT OF LAND CONVE3YED BY DELMAR WAYNE BRAZELL TO J.G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 3, 2004 AND RECORDED IN VOLUME 738 AT PAGE 160 OF THE OFFICIAL PUBLIC RECORDS OF CHAMBERS COUNTY,TEXAS; 1880 EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; 09/13/2007 69 1881 AUTHORIZING THE MAYOR TO MAKE APPLICATION TO THE STATE 09/13/2007 70 FOR TWO LOANS IN THE AMOUNT OF ONE MILLION AND NO/100 DOLLARS EACH THROUGH THE STATE INFRASTRUCTURE BANK FOR FUNDING A PORTION OF THE FLYOVER FROM SPUR 330 TO STATE HIGHWAY 146 SOUTH;AUTHORIZING THE MAYOR TO TAKE FURTHER ACTION TO SECURE THE LOANS; 1882 REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY 09/13/2007 72 LOCATED AT 223 W. MAIN STREET, BAYTOW N, HARRIS COUNTY,TEXAS, AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C)OF THE TEXAS TAX CODE; 1883 MAKING FINDINGS IN CONNECTION WITH THE PROPOSED PUBLIC IMPROVEMENT 09/27/2007 74 DISTRICT NUMBER ONE RELATED TO THE ADVISABILITY OF THE IMPROVEMENTS,THE NATURE OF THE IMPROVEMENTS,THE ESTIMATED COST OF THE IMPROVEMENTS, THE BOUNDARIES OF THE PROPOSED DISTRICT,THE METHOD OF ASSESSMENT AND THE APPORTIONMENT OF COST BETWEEN THE DISTRICT AND THE CITY AS A WHOLE; 1884 AUTHORIZING THE ESTABLISHMENT OF THE PUBLIC IMPROVEMENT DISTRICT NUMBER 09/27/2007 76 ONE IN THE CITY OF BAYTOWN,TEXAS;AUTHORIZING PUBLICATION OF THIS RESOLUTION, PROVIDING FOR THE PREPARATION OF A SERVICE AND ASSESSMENT PLAN; 1885 DIRECTING THE PREPARATION OF SERVICE PLANS FOR THE(1)THE ANNEXATION OF 09/27/2007 78 THE 1-10 CORRIDOR FROM 1,000 FEET WEST OF SPRING GULLY TO THE EASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 146,THE ANNEXATION OF A 1.16 ACRE TRACT AT THE NORTHWEST CORNER OF 1-10 AND N. MAIN STREET,AND THE ANNEXATION OF A 1-ACRE TRACT AT THE NORWEST CORNER OF 1-10 AND SJOLANDER ROAD; (11)THE ANNEXATION OF PORTIONS OF CEDAR BAYOU STREAM AND THE 500- FOOT STRIP OF LAND COMMENCING AT THE EASTERLY RIGHT-OF-WAY OF STATE HIGHWAY 146 NORTH AND THE MEAN HIGH TIDE OF THE EAST BANK OF CEDAR BAYOU STREAM,THEN MEANDERING WITH THE EAST BANK OF CEDAR BAYOU STREAM TO A POINT OF INTERSECTION WITH THE MEAN HIGH TIDE LINE OF THE EAST BANK OF CEDAR STREAM AND HIGHWAY 99;AND (III)THE ANNEXATION OF THE 1,000 FOOT STRIP OF LAND ADJACENT TO THE EAST RIGHT-OF-WAY OF N. MAIN STREET OUT OF TRACTS 3K, 3J, 3A, 3H AND 8E,ABSTRACT 21 OF THE G.ELLIS SURVEY,HARRIS COUNTY,TEXAS; 1886 AUTHORIZING TRANSFERS OF FOUR HUNDRED EIGHTY-ONE THOUSAND NINETY-THREE 09/27/2007 80 AND NO/100 DOLLARS($481,093.00)FROM SAVINGS REALIZED IN THE GENERAL FUND AND EIGHTY-THREE THOUSAND ONE HUNDRED TWENTY-SIX AND NO/100 DOLLARS ($83,126.00)FROM SAVINGS REALIZED IN THE WATER AND SEWER FUND FOR FISCAL YEAR 2006-07 BUDGET TO THE DEPARTMENTS THAT BUDGETED FOR WORKERS' COMPENSATION IN THE GENERAL FUND AND WATER AND SEWER FUND;AUTHORIZING A TRANSFER OF SIXTEEN THOUSAND EIGHT HUNDRED EIGHTY-SEVEN AND NO/100 DOLLARS($16,887.00)FROM THE CITY CLERK DEPARTMENT GENERAL FUND BUDGET TO THE CITY MANAGER DEPARTMENT GENERAL FUND BUDGET TO REFLECT THE TRANSFER OF AN EMPLOYEE MIDYEAR; 1887 AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL AND NO LITIGATION 09/27/2007 82 CERTIFICATE OF LOCAL GOVERNMENTAL UNIT RELATED TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF MILTIFAMILY HOUSING REVENUE BONDS(MANSIONS AT MOSES LAKE APARTMENTS)SERIES 2007; 1888 NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF 10/11/2007 83 DIRECTORS OF THE HARRIS COUNTY APPRAISAL DISTRICT; 1889 CANCELLING THE SPECIAL CITY COUNCIL MEETING SCHEDULED 10/11/2007 84 FOR NOVEMBER 15,2007,AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN,TEXAS; CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON NOVEMBER 19,2007,AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN,TEXAS; 1890 AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL 10/25/2007 85 AND NO LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT RELATED TO SOUTHEAST TEXAS HOUSING FINANCE CORPORTION'S ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS(WYNDHAM PARK APARTMENTS)SERIES 2007 AND THE CHIEF EXECUTIVE OFFICER'S APPROVAL TO AUTHORIZE SUCH BONDS; 1891 ALLOWING THE DEVELOPMENT AND CONSTRUCTION OF THE WYNDHAM 10/25/2007 86 PARK SENIOR HOUSING DEVELOPMENT LOCATED IN BAYTOWN,TEXAS, IN COMPLIANCE WITH THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS REQUIREMENTS FOR A DEVELOPMENT WHICH IS LOCATED WITHIN ONE(1)LINEAR MILE OF AN EXISTING DEVELOPMENT THAT SERVES THE SAME TYPE OF HOUSEHOLD;APPROVING AND SUPPORTING THE WYNDHAM PARK SENIOR HOUSING DEVELOPMENT PROJECT PURSUANT TO SECTION 2306.6703(A)(4)OF THE TEXAS GOVERNMENT CODE AND AUTHORIZING THE ALLOCATION OF HOUSING TAX CREDITS FOR SUCH PROJECT; 1892 GRANTING RECOGNITION OF THE BAYTOWN MUNICIPAL POLICE 10/25/2007 88 ASSOCIATION (BMPA)AS THE SOLE AND EXCLUSIVE BARGAINING AGENT FOR THE POLICE OFFICERS EMPLOYED BY THE CITY OF BAYTOWN, TEXAS, EXCLUDING THE CHIEF AND EXEMPT EMPLOYEES; DETERMINING THAT THE CITY MAY MEET AND CONFER WITH THE BMPA UNDER SUB- CHAPTER B OF CHAPTER 142 OF THE TEXAS LOCAL GOVERNMENT CODE WITHOUT CONDUCTING AN ELECTION; 1893 DESIGNATING THE CITY OF BAYTOWN'S REPRESENTATIVE AND 10/25/2007 90 ALTERNATE TO THE GENERAL ASSEMBLY OF THE HOUSTOW GALVESTON AREA COUNCIL FOR THE YEAR 2008; 1894 AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE GENERAL 10/25/2007 91 AND NO LITIGATION CERTIFICATE OF LOCAL GOVERNMENTAL UNIT RELATED TO SOUTHEAST TEXAS HOUSING FINANCE CORPORATION'S ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE BONDS (GUARANTEED MORTGAGE-BACKED SECURITY PROGRAM)SERIES 2007B AND THE CHIEF EXECUTIVE OFFICER'S APPROVAL TO AUTHORIZE SUCH BONDS; 1895 CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD 11/5/2007 92 OF DIRECTORS OF THE HARRIS COUNTY APPRIASAL DISTRICT; 1896 GRANTING THE PETITION OF MICHAEL TESTA, PRESIDENT OF VENTURA 11/19/2007 93 DEVELOPMENT, INC.,AND GENERAL PARTNER OF LYNCHBURG CROSSING 28, LTD,CONCERNING THE ANNEXATION OF A 28.79-ACRE TRACT OF LAND IN THE NATHANIEL LYNCH SURVEY,ABSTRACT NO.44, HARRIS COUNTY, TEXAS,AND BEING THE SAME CALLED 28.809 ACRE TRACT AS FOUND IN DEED TO ROBERT A. EASLEY,JR. FROM L. L. GREGORY, JR., RECORDED IN HARRIS COUNTY CLERK'S FILE(H.C.C.F.)NO. U606092, OF THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY OF HARRIS COUNTY,TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF; 1897 DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD WITHIN THE 11/19/2007 95 CORPORATE LIMITS OF THE CITY OF BAYTOWN,TEXAS, ON THE 6T"DAY OF NOVEMBER, 2007, FOR THE PURPOSES OF VOTING FOR OR AGAINST PROPOSITION NO. 1:THE ISSUANCE OF$36,850,000 BONDS FOR STGREET, SIDEWALKS AND RELATED DRAINAGE AND UTILITY IMPROVEMENTS; PROPOSITION NO.2: THE ISSUANCE OF$22,995,000 BONDS FOR PUBLIC SAFETY, EMERGENCY MEDICAL SERVICE, POLICE AND FIRE BUILDINGS AND EQUIPMENT; PROPOSITION NO. 3: THE ISSUANCE OF$10,940,000 BONDS FOR THE PURCHASE AND IMPROVEMENT OF PARKS AND RECREATION FACILITIES, INCLUDING AQUATICS FACILITIES,AND FOR CITYWIDE BEAUTIFICATION; PROPOSITION NO.4: THE ISSUANCE OF $7,170,000 BONDS FOR THE CONSTRUCTION OF THE EXTENSION OF EAST BAKER ROAD AND RELATED UTILITY,SIDEWALK AND DRAINAGE IM- PROVEMENTS; PROPOSITION NO.5: $2,525,000 BONDS FOR PERMANENT PUBLIC IMPROVEMENTS AND OTHER GENERAL PUBLIC PURPOSES FOR TEXAS AVENUE AND THE ADJACENT AREA; PROPOSITION NO.6: THE ISSUANCE OF$2,020,000 BONDS FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS; FINDING THAT NOTICE OF SAID ELECTION WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORANCE WITH THE LAWS OF THE STATE OF TEXAS; 1898 APPROVING THE ISSUANCE OF BONDS IN THE PRINCIPAL AMOUNT NOT 11/19/2007 99 EXCEED FIVE MILLION AND NO/100 DOLLARS($5,000,000.00) FOR THE PURPOSE OF IMPLEMENTING THE PROJECT PLAN,AS AMENDED, BY THE BAYTOWN REDEVELOPMENT AUTHORITY ON BEHALF OF REINVESTMENT ZONE NUMBER ONE,CITY OF BAYTOWN,TEXAS;AND MAKING CERTAIN FINDINGS RELATED THEREOF; 1899 GRANTING THE PETITION OF M. DAVID BOOTHE CONCERNING THE 11/19/2007 101 ANNEXATION OF A 2.966-ACRE TRACT OF LAND LOCATED IN THE GEORGE C. DAVIS SURVEY,ABSTRACT NUMBER 1472, CITY OF BAYTOWN, HARRIS COUNTY,TEXAS, SAID 2.966-ACRE TRACT OF LAND BEING ALL OF THE CALLED 1-ACRE TRACT DESCRIBED IN THE DEED TO DAVID HESTER RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO. Z070096 AND ALL OF THE CALLED 2-ACRE TRACT DESCRIBED IN THE DEED TO MORRIS DAVID BOOTHE AND BETTY JOE BOOTHE RECORDED UNDER HARRIS COUNTY CLERK'S FILE NO.X871252, SAID 2.966-ACRE TRACT ALSO BEING OUT OF HIGHLAND FARMS,A SUBDIVISION RECORDED UNDER VOLUME 10, PAGE 47 OF THE HARRIS COUNTY MAP RECORDS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; 1900 AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE 11/19/2007 103 OFFICE OF THE GOVERNOR, DIVISION OF EMERGENCY MANAGEMENT, FOR FISCAL YEAR 2008 EMERGENCY MANAGEMENT PERFORMANCE GRANT TO ENHANCE THE CITY OF BAYTOWN'S READINESS AND RESPONSE CAPABILITIES; DESIGNATING AN AUTHORIZED REPRESEW TATIVE;AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; 1901 DESIGNATING INTERSECTIONS FOR INSTALLATION OF THE EQUIPMENT NECESSARY 12/13/2007 104 TO IMPLEMENT THE CITY'S PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM PROGRAM; 1902 AUTHORIZING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES 12/13/2007 106 OF OBLIGATION; 1903 REPEALING RESOLUTION NOS 1615 AND 1759 ADOPTED ON NOVEMBER 13, 2003 12/13/2007 107 AND DECEMBER 22,2005, RESPECTIVELY;ADOPTING A POLICY FOR THE PROVISION OF UTILITY SERVICES OUTSIDE THE CITY LIMITS; 1904 CASTING ITS BALLOT FOR THE ELECTION OF A PERSON TO THE BOARD OF DIRECTORS 12/13/2007 108 OF THE CHAMBERS COUNTY APPRAISAL DISTRICT AND PROVIDING FOR THE EFFECTIVE DATE THEREOF; 1905 SUPPORTING THE BAYTOWN CIRCULATOR TRANSIT PROGRAM("BCTP")AND COMMITS 12/13/2007 109 FUNDS IN FURTHERANCE THEREOF IN THE AMOUNT OF SEVENTY-FIVE THOUSAND AND NO/100 DOLLARS($75,000.00)CONTINGENT UPON AN ACCEPTABLE INTERLOCAL AGREEMENT BETWEEN THE CITY AND HARRIS COUNTY; 1906 REPEALING RESOLUTION NO. 1656 ADOPTED BY THE CITY COUNCIL OF THE CITY OF 12/13/2007 110 BAYTOWN,TEXAS, ON JUNE 10,2004, IN ITS ENTIRETY;ADOPTING RULES OF PROCEDURE FOR ALL MEETINGS OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, 110 RESOLUTION NO. 1906 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REPEALING RESOLUTION NO. 1656 ADOPTED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ON JUNE 10, 2004, IN ITS ENTIRETY; ADOPTING RULES OF PROCEDURE FOR ALL MEETINGS OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, Section 27 of the City Charter authorizes the City Council to determine its rules and order of business; and WHEREAS,the City Council established rules and procedures for the conduct of council meetings in Resolution No. 1656, adopted on the 10ih day of June,2004; and WHEREAS, the City Council desires to amend the rules to adjust the City Council meetings for the months of November and December to accommodate the holidays; and WHEREAS,the City Council finds that it is advisable to repeal the former rules and procedures and adopt new rules and procedures in order for the same to be included in one document;NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS: Section 1: That the City Council of the City of Baytown,Texas,hereby repeals Resolution No. 1656, adopted on the 10'd day of June, 2004, in its entirety. Section 2: That for all meetings of the City Council of the City of Baytown, Texas, the City Council hereby adopts the Rules of Procedure, which are attached hereto as Exhibit"A"and incorporated herein for all intents and purposes. Section 3: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED, by the affirmative voStheityncil of the City of Baytown this the 13'b day of December, 2007. ST RLOS, yor I i LL R I.L._ �city CL'lic APPROVED AS TO FORM lGtBu�' C ACIO RAMIREZ, SR., Attorney R1KarcnArilesV(ity CounciltReso l uGons\2007ADecember 13VAmend in gRulesand ProceduresforConducdngCounci l Meetings.doc Exhibit "A" RULES OF PROCEDURE 1. AUTHORITY 1.1 Charter. Pursuant to the provisions of sections 25 and 27 of the Charter of the City of Baytown, the City Council enacts these rules of procedure for all meetings of the City Council of the City of Baytown, Texas. 1.2 During any regular or special council meeting, a reasonable opportunity shall be given for citizens to be heard under these rules. The rules of procedure are enacted as guideline to be followed by all person in the Council Chamber including the City administrative staff, news media, and visitors. 2. GENERAL RULES 2.1 Meetings to be Public. All official meetings of the Council shall be open to the public pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended. 2.2 Quorum. A majority of the members of the Council shall constitute a quorum for the transaction of business. 2.3 Compelling Attendance. No member shall be excused from attendance at a Council meeting except for good valid reasons. 2.4 Misconduct. The Council may punish its own members for misconduct. 2.5 Minutes of Meetings. An account of all proceedings of the Council shall be kept by the City Clerk and shall be entered in a book constituting the official record of the Council. 2.6 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. 2.7 Right of Floor. Any member desiring to speak shall be recognized by the Presiding Officer, and shall confine his or her remarks to the subject under consideration or to be considered. No member shall be allowed to speak more than once on any one subject until every member wishing to speak shall have spoken. 2.8 City Manager. The City Manager, or Acting City Manager, shall attend all meetings of the Council unless excused. He or she may make recommendations to the Council and shall have the right to take part in all discussions of the Council, but shall have no vote. Proposed Council Rules of Procedure Page 2 oft 0 2.9 City Attorney. The City Attorney, or Acting City Attorney, shall attend all meetings of the Council unless excused and shall, upon request, give an opinion, either written or oral, on questions of law. The City Attorney shall act as the Council's parliamentarian. 2.10 City Clerk. The City Clerk, or Acting City Clerk, shall attend all meetings of the City Council unless excused, and shall keep the official minutes and perform such other duties as may be requested and assigned by the City Manager. 2.11 Sergeant at Arms. The Chief of Police, or his or her designee, shall serve as Sergeant at Arms for the City Council, and shall attend all meetings of the City Council unless excused. 2.12 Officers and Employees. Any officer or employee of the city, when requested by the City Manager, shall attend any meeting of the Council. If requested to do so by the City Manager, such employee may present information relating to matters before the Council. 2.13 Suspension of Rules. Any provision of these rules not governed by the City Charter or Code may be temporarily suspended by the affirmative vote of a majority of the quorum present. 2.14 Amendment of Rules. These rules may be amended, or new rules adopted by the affirmative vote of a majority of the quorum present, provided that the proposed amendments or new rules shall have been introduced before the City Council at a prior Council meeting. 3. CODE OF CONDUCT 3.1 Council Members. (a) During Council meetings, Council members shall preserve order and decorum and shall neither by conversation or otherwise delay or interrupt the proceedings nor refuse to observe the rules of the Council. (b) A Council member, once recognized, shall not be interrupted while speaking unless called to order by the Mayor or presiding officer, unless a point of order is raised by another member or the parliamentarian, or unless the speaker chooses to yield to questions from another member. If a Council member is called to order while he or she is speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be F:GS/CC/Rules& Procedures Proposed Council Rules of Procedure Page 3 oflO not in order she or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Council. 3.2 Administrative Staff (a) Members of the Administrative staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Council, and shall have no voice unless and until recognized by the Mayor or presiding officer. (b) While the presiding officer shall have the authority to preserve decorum in meetings as far as staff members and City employees are concerned, the City Manager also shall be responsible for the orderly conduct and decorum of all City employees under his or her direction and control. (c) The City Manager shall take such disciplinary action as maybe necessary to insure that such decorum is preserved at all times by City employees in Council meetings. (d) All remarks and questions addressed to the Council shall be addressed to the Council as a whole and not to any individual member thereof. (e) No staff member, other than a staff member having the floor, shall enter into a discussion either directly or indirectly without permission of the Mayor or presiding officer. 3.3 Citizens (a) Citizens are welcome and invited to attend all meetings of the Council, and will be admitted to the Council Chamber, or other room in which the meeting is held, up to the fire safety capacity of the room. (b) All citizens will refrain from private conversations in the Chamber, or other room, while the Council is in session. (c) Citizens attending Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to the administrative staff. Any person making personal, impertinent, or slanderous remarks, or who becomes boisterous while addressing the Council or while attending the Council meeting shall be removed from the room if the Sergeant at Arms is so directed by the Mayor or presiding officer, and such person shall be barred from further audience before the Council during that session of the Council. (d) Unauthorized remarks from the audience, stamping of feet, applauding, whistles, yells, and similar demonstrations shall not be permitted by the presiding officer, who shall direct the Sergeant at Anus to remove such offenders from the room. In case the presiding officer shall fail to act, any member of the Council may FIGS/CC/Rules&Procedures Proposed Council Rules of Procedure Page 4 on 0 move to require him or her to act to enforce the rules, and the affirmative vote of a majority of the quorum of the Council present shall require the presiding officer to act. (e) No placards, banners, or signs of any kind will be permitted in the Council Chamber except exhibits, displays, and visual aids used in connection with presentations to the Council, provided that such exhibits, displays, and visual aids do not disrupt the meeting. 3.4 In General (a) Rules. Robert's Rules of Order(latest revision) shall govern in all cases, unless Robert's Rules of Order are in conflict with the City Charter, City ordinances, or rules of procedure hereby adopted, provided that Section 42, "Rules Governing Debate, Rules Against the Chair's Participation in Debates" shall not be applicable and the Mayor or presiding officer shall have the right to participate in debate of issues pending before the Council. (b) Recognition by presiding officer. No person shall address the Council without first being recognized by the presiding officer. (c) Procedure. Each person addressing the Council shall approach the podium and give his/her name and address in an audible tone of voice for the records, state the subject the person wishes to discuss, and, if representing a group, identify the group or organization the person represents. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter into any discussion, directly or through a member of the Council, without permission of the presiding officer. No question may be asked a member of the City staff without the permission of the presiding officer. (d) Spokesperson for group of persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject, it shall be proper for the presiding officer to request that a spokesperson be chosen by the group to address the Council, and in case additional matters are to be presented by any other member of the group, to limit the number of such persons addressing the Council. (e) Charges against employees. Should any person in a Council meeting charge an employee with improper conduct, malfeasance, nonfeasance, or misfeasance, then, in such event, such person shall be ruled out of order immediately and instructed to refer his complaint to the City Manager. (f) Disturbances. No person attending any Council meeting shall delay, interrupt, or disrupt the proceedings or refuse to obey the orders of the presiding officer. Any person making personal, impertinent, and slanderous remarks or who becomes boisterous F:GS/CC/Rules&Procedures Proposed Council Rules of Procedure Page 5 of10 while addressing the Council or while attending the Council meeting shall be removed from the room if the Sergeant at Arms is so directed by the presiding officer. The Chief of Police, or such member or members of the Police Department as the presiding officer may designate, shall be Sergeant at Arms of the Council meetings. (g) Communication devices. No person attending any Council meeting shall possess a pager, cellular telephone, radiotelephone or other device that is set in a mode to provide audible notification of an incoming call or page. No person attending any Council meeting shall use a cellular telephone, radiotelephone or other telecommunication device for audible communications while the Council meeting is in session. 4. TYPES OF MEETINGS 4.1 Regular meetings. The Council shall hold its regular meetings in the Council Chamber of City Hall, 2401 Market Street, Baytown, Texas beginning at 6:30 p.m. (i) on the second and fourth Thursdays for the months of January through October; (ii) on the second Thursday and fourth Tuesday in November; and (iii) on the second Thursday in December, unless otherwise established by the Council. 4.2 Work sessions. Work sessions shall be called by the City Clerk upon the request of the Mayor, the City Manager, or a majority of the members of the Council. Such meetings shall be held in the Don Hullum Conference Room unless otherwise established by the Council. In the event of a work session, the City Clerk shall notify each member of the Council. A work session is to provide information to the members of the Council and to allow Council to discuss the issues presented during the work session. While members of the public are invited to attend all work sessions, the public is not provided a right or time to speak on a topic during a work session, unless invited to do so by the Council. No decision shall be made by the Council during a work session, nor shall any vote of the Council be taken to decide a matter during a work session. 4.3 Special meetings. Special meetings of the council shall be called by the City Clerk upon the request of the Mayor, the City Manager, or a majority of the members of the Council. In the event of a special called meeting, the City Clerk shall notify each member of the Council. 4.4 Emergency meetings. In case of emergency or urgent public necessity, which shall be expressed in the notice of the meeting, an emergency meeting may be called by the Mayor, the City Manager, or a majority of the members of the Council, and it shall be sufficient if the notice is posted in accordance with Chapter 551, Texas Government Code (Open Meetings Act), as amended. FIGS/CC/Rules&Procedures Proposed Council Rules of Procedure Page 6 of10 4.5 Notice of Meetings. The agenda for all meetings, including Council committee or subcommittee meetings, shall be posted by the City Clerk on the City's official bulletin board and on the City's website, and notice of all meetings shall be given by the City Clerk pursuant to the requirements of the Texas Open Meetings Act, Chapter 551, Texas Government Code, as amended. 5. PRESIDING OFFICER AND DUTIES 5.1 Presiding Officer. The Mayor, or in the absence of the Mayor, the Mayor Pro Tem, shall preside as chairman, or presiding officer at all meetings of the Council. In the absence of both the Mayor and Mayor Pro Tem, and with a quorum being present, the Council shall elect a temporary presiding officer. 5.2 Call to order. The meetings of the Council shall be called to order by the Mayor, or in the Mayor's absence, the Mayor Pro Tem, and in the absence of both the Mayor and Mayor Pro Tem, the meeting shall be called to order by the City Clerk. 5.3 Preservation of order. The presiding officer shall preserve order and decorum, prevent insulting references to Council members, the impugning of other member's motives, and confine members' remarks to the question under discussion. The presiding officer shall call upon the Sergeant at Arms as necessary to enforce compliance with the rules contained herein. 5.4 Substitution for Chair. The Mayor may call upon the Mayor Pro Tem, or if he or she is unavailable, then any other member to take his or her place, for a portion of a meeting, such substitution is not to continue beyond adjournment. 5.5 Points of Order. The presiding officer shall determine all points of order, subject to the right of any member to appeal to the Council. If any appeal is taken, then questions shall be, "Shall the decision of the presiding officer be sustained?". If a majority of the members present vote"No", the ruling of the chair is overruled; otherwise, it is sustained. 5.6 Questions to be Stated. The presiding officer shall state all questions submitted for a vote and announce the result. A roll call shall be taken upon the request of any member. 5.7 Call for Recess. The presiding officer may call for a recess of up to fifteen minutes at regular intervals of approximately one hour at appropriate points in the meeting agenda, or if requested by any two members. 5.8 Votes. Council members shall clearly indicate their vote on each matter submitted to a vote. FIGS/CC/Rules& Procedures Proposed Council Rules of Procedure Page 7 of10 6. ORDER OF BUSINESS 6.1 Agenda. The order of business of each regular and special meeting shall be as contained in the agenda prepared by the City Manager. The agenda shall be a listing by topic of subjects to be considered by the Council. Placement of items on the agenda shall be governed by this Section. Conduct of business at special meetings and council committees and subcommittees will likewise be governed by an agenda and the rules of procedure contained herein. The agenda for each regular and special meeting of the City Council is determined as follows: (a) All items to be included on the agenda must be submitted to the City Manager's Office, the City Attorney's Office and the City Clerk's Office on or before 4:00 p.m. on the tenth day preceding the meeting. (b) The City Manager, or the Mayor, or three Council Members must grant approval for an item to be included on the agenda. (c) An item may not be reconsidered by the Council if the item has been previously considered and voted on by the Council within the preceding six months, unless the Council, by majority vote, waives this restriction as to the item. The agenda order set out is the desired order for conducting the business of the City Council of the City of Baytown in regular and special meetings. When the best interest of the Council and the citizens of the City require, any item appearing on the agenda shall be considered out of order as shall be determined by the presiding officer in his/her sole discretion. 6.2 The order for the agenda is as follows: (a) Call to order. (b) Announcement of quorum. (The presiding officer shall announce whether a quorum is present.) (c) Pledge of Allegiance/Invocation. (d) Approval of minutes. (The minutes of the previous meeting(s) of the City Council shall be submitted to the Council for approval or correction and approval.) (e) Citizen Communications. I. Items not on the agenda (5 minutes per speaker). Any citizen who desires to address Council on a matter not included on the agenda may do so at this time. Council requests that prior to appearing before Council, the citizen make every attempt to resolve the problem through administrative channels. FIGS/CC/Rules&Procedures Proposed Council Rules of Procedure Page 8 of]0 II. The five-minute limit may be extended by a majority vote of the Council. Council reserves the privilege to make inquiries of the citizen at the end of his/her presentation. As this is an information-gathering period for Council, all inquiries, requests, etc. will be referred to the administration for processing, and a response to the citizen will be made at a later date. III. To provide an efficient and orderly process to handle citizen communications and to provide notice to the public of each item to be discussed during the Council meeting, each citizen desiring to speak will be asked to complete a citizen communication form to be provided by the City Clerk. The form will provide a space for the individual's name, address, telephone number, date of requested appearance, reasons for request to appear before Council and requested action of Council. The form must be submitted no later than 5:00 p.m. on the day prior to the date that the meeting is scheduled to be posted by the City Clerk. IV. Items on the agenda. Any person desiring to address Council regarding an item on the agenda may do so by registering on the form provided in the hallway leading to the Council Chambers. Each citizen's remarks will be limited to three (3) minutes, unless the time is extended by a majority vote of the Council. V. A citizen requesting to address Council under either of the above methods may pass his/her time to another person who has requested to address Council. (f) Public hearing. (g) Business—Ordinances, resolution, motions, reports, and discussion items shall be considered at this time. (h) Consent agenda Routine matters which require no discussion (Any Council member may remove any item from the consent agenda for discussion.) (i) Appointments Any appointment to boards, committees or commissions shall be considered at this time. 0) City Manager's report The City Manager will present reports of current problems and affairs of interest to the Council. (k) Adjournment. 7. CONSIDERATION OF ORDINANCES, RESOLUTIONS AND MOTIONS 7.1 Printed or Typewritten Form. All ordinances and resolution shall be presented to the Council in printed or typewritten form. The Council may, by proper motion, amend any ordinance or resolution presented to it and direct that FIGS/CC/Rules& Procedures Proposed Courrmil Rules of Procedure Page 9 otl0 the amended ordinance or resolution be adopted, except as otherwise provided by the Charter or state law. 7.2 City Attorney to Approve. All ordinances, resolutions, and contracts and amendments thereto shall be approved as to form by the City Attorney. 7.3 Distribution of Ordinances and Resolutions. The City Manager shall prepare copies of all proposed ordinances and resolutions for distribution to all members of the Council at the meeting at which the ordinance or resolution is to be considered, or at such earlier time as is expedient. 7.4 Majority Vote Required. An affirmative vote of the majority of the Council members present is necessary to adopt or approve any ordinance, resolution or take any official action in the name of the City except as otherwise provided in the Charter or by state law. 8. CREATION OF COMMITTEES, BOARDS AND COMMISSIONS 8.1 Council Committees. The Council may, as the need arises, authorize the appointment of the "ad hoc" Council committees. Any committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Council. 8.2 Citizen Boards, Commissions, and Committees. The Council may create other committees, boards and commissions to assist in the conduct of the operation of the City government with such duties as the Council may specify not inconsistent with the City Charter, Code or state law. Memberships and selection of members shall be as provided by the Council if not specified by the City Charter, Code or state law. Any committee, board, or commission so created shall cease to exist upon the accomplishment of the special purpose for which it was created, or when abolished by a majority vote of the Council. No committee so appointed shall have powers other than advisory to the Council or to the City Manager, except as otherwise specified by the Charter, Code or state law. 8.3 Appointments. (a) Individual City Council members making nominations for members to citizen boards and commissions will consider interested persons on a city-wide basis. (b) The City Council will make an effort to be inclusive of all segments of the community in the board and commission appointment process. City Council members will consider ethnicity, gender, socio-economic levels, and other factors to ensure a diverse representation of Baytown citizens. (c) The City Council will take into consideration an individual's qualifications, willingness to serve, and application information in F:CS/CC/Rules& Procedures Proposed Council Rules of Procedure Page 10 of10 selecting nominations for membership to each board and commission. (d) In an effort to ensure maximum citizen participation, City Council members should consider a practice of nominating new citizens to replace board members who have served three consecutive, full terms on the same board. 8.4 Rules of Procedure. Each board, commission, and committee of the City shall adopt Rules and Procedures for the conduct of business and matters that may come before them. Such rules and procedures shall be consistent with the rules and procedures set forth herein. In the alternative, the board, commission or committee may use these Rules and Procedures, as applicable. F:GS/CC/Rules&Procedures