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
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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
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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
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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.
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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.
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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.
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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
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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
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Proposed Council Rules of Procedure
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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.
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