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1975 09 25 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN September 25, 1975 The City Council of the City of Baytown Inet in regular session, Thursday, September 25, 1975, at 6:30 P. M. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Jody Lander Councilman Fred Bednarski,Jr Councilman Charles Pool Councilman Mary E. Wilbanks Councilwoman Emmett 0. Hutto Councilman Tom Gentry Fritz Lanham Neel Richardson Edna Oliver Dan Savage Absent: Tom Walmsley Mayor City Manager City Attorney City Clerk Assistant City Manager Councilman oyuc Mayor Gentry called the meeting to order and the invocation was offered by Mrs. Edna Oliver. Consider Minutes - Special Meeting on September8; Regular Meeting on September 11. Regarding the minutes of the meeting held September 11, Mayor Gentry corrected the vote on the motion to settle Cause No. 920114, Charles J. Webber vs. City of Baytown, to reflect his vote as "Nay." Councilman Hutto moved to approve the minutes as corrected of the meetings held September 8 and September 11, and to rafity the actions taken at those meetings. Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Hutto Mayor Gentry Nays: Node Open Bids on $2- 000,000 in General Obligation Bonds Bids on the sale of $2,000,000 in General Obligation Bonds to finance projects approved in the 1975 Capital Improvement Program have been received. Mr. Tom Masterson the city's fiscal advisor, pointed out that there was a requirement included on the bid form that the highest coupon rate bid may not exceed the lowest coupon rate bid by more than 1 %. This is to avoid having most of the debt service in the early years. Mr. Masterson was then directed to open the bids. First National Bank - Dallas Bonds Maturing: 1979 -1980 6 % 1981 -1987 5 3/4 % 1988 -1990 6 % ° 1991 only 6 1/4 % 1992 only 6.4 % 1993 -1995 6 1/2 % Effective Total Interest Charge: $1,536,783.56 Less Cash Premium: 35.02 Net Interest Cost: $1,536.748.54 Cullen Center Bank & Trust Company & Associates Bonds Maturing: 1979 -1988 5.7 1989 -1991 6 3/4 1992 only 6.4 1993 only 6 1/2 1994 only 6.6 1995 only 6.7 Total Interest Charge: $1,546,183.33 No Cash Premium -0- Net Interest Cost: $1,546,183.33 % % % % % Interest Rate: 6.2049 Effective Interest Rate: 6.2430 .l7V d September 25, 1975 Republic National Bank - Dallas Bonds Maturing: 1978 -1987 1988 -1989 1990 -1991 1992 only 1993 only 1994 -1995 Total Interest Cost: $1,555.983.33 No Cash Premium Net Interest Cost: $1,555,983.33 First Citv National Bank of Houston 5.7 % 6 % 6.3 % 6.45 % 6.6 % 6.7 % Effective Interest Rate: 6.2825 Bonds Maturing: 1979 -1982 6 3/4 % 1983 only 6.6 % 1984 -1991 6 1/4 % 1992 only 6.4 % 1993 only 6.3 % 1994 -1995 5 3/4 % Effective Interest Rate: 6.1921 Total Interest Cost: $1,533.599.96 No Cash Premium Net Interest Cost: $1,533,599.96 Underwood, Neuhaus & Co Bonds Maturing: 1979 -1983 1984 -1990 1991 only 1992 only 1993 -1994 1995 only Total Interest Cost: $1,532,400.02 No Cash Premium Net Interest Cost: $1,532,400.02 Texas Commerce Bank Bonds Maturing: 1979 -92 1993 only 1994 -1995 Total Interest Cost: $1,449,850.79 No Cash Premium Net Interest Cost: $1,449,850.79 Merrill, Lynch, Peirce, Fenner, Inc. Bonds Maturing: 1979 -1985 1986 -1987 1988 -1990 1991 -1993 1994 only 1995 only Total Interest Cost: $1,564,833.34 No Cash Premium Net Interest Cost: $1,564,833.34 6 1/2 % 6 % 6.2 % 6.4 % 6.6 % 5 1/2 % Effective Interest Rate: 6.1873 ( *Bid does not meet specifications) 5 3/4 % 5.95 % 6 % Effective Interest Rate: 5.8540 6 3/4 % 5 3/4 % 6 % 6 1/2 % 6 3/4 % 5 3/4 % Effective Interest Rate: 6.3183 In view of the fact that Texas Commerce Bank's interest coupons did not exceed 6 %, Mr. Masterson recommended awarding the bid to Texas Commerce Bank, and Mr. Lanham concurred. September 25, 1975 THE STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN The City Council of the City of Baytown Texas, convened in regular meeting, open to the public, on the 25th day of September. 1975, at the City Hall, and the roll was called of the duly constituted officers and members of the City Council and the City Clerk of the City, to -wit: Tom Gentry Mayor Charles Pool Councilman Emmett 0. Hutto Councilman Fred Bednarski Councilman Tom Walmsley Councilman Jody Lander Councilman Mary E. Wilbanks Councilwoman Edna Oliver City Clerk and all of said persons were present, except the following absentees: Councilman Tom Walmsley , thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ordinance entitled: ORDINANCE AUTHORIZING ISSUANCE OF $2,000,000 GENERAL OBLIGATION BONDS, SERIES 1975; APPROPRIATING $2,000,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO (the "Ordinance ") was duly introduced for the consideration of the City Council and reviewed in full. It was then duly moved and seconded that the Ordinance be passed, and, after due discussion, the motion, carrying with it the passage of the Ordinance, prevailed and carried by the following vote: AYES: All members of the City Council shown present above voted "Aye." NOES: None. The Mayor thereupon announced that the Ordinance had been duly and lawfully adopted. The Ordinance thus adopted follows: ORDINANCE NO. 1873 ORDINANCE AUTHORIZING ISSUANCE OF $2,000,000 GENERAL OBLIGATION BONDS, SERIES 1975; APPROPRIATING $2,000,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVISIONS RELATING THERETO. 5904 5905 THE STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN Q WHEREAS, the bonds hereinafter authorized were duly and favorably voted at an election held in the City of Baytown, Texas, (the "City "), on the 27th day of May, 1975; and WHEREAS, the City Council now deems it advisable to issue, sell, and deliver $2,000,000 bonds for the purposes shown in the followin schedule as a portion of the first installment of $11,545,000 bonds voted at said election: AMOUNT BEING ISSUED UNISSUED BALANCE $ 35,000 $ 2,265,000 AMOUNT 650,000 AMOUNT HERETOFORE PURPOSE AUTHORIZED ISSUED Streets $ 2,300,000 -0- Traffic Signal 650,000 -0- Drainage 2,350,000 -0- Waterworks Sys. 850,000 -0- San. Sew. Sys. 3,000,000 -0- Park 1,300,000 -0- Library Bldg 1,095,000 11,545,000 -0- -0- AMOUNT BEING ISSUED UNISSUED BALANCE $ 35,000 $ 2,265,000 -0- 650,000 1,090,000 1,260,000 635,000 215,000 100,000 2,900,000 100,000 1,200,000 40,000 1,055,000 2,000,000 9,545,000 WHEREAS, the City Council has determined that the remaining $9,545,000 authorized bonds may be issued, sold, and delivered at a later date; and WHEREAS, the City Council has caused a notice of sale of such bonds to be published in the TEXAS BOND REPORTER which is a publication carrying municipal bond notices and devoted primarily to financial news and in the BAYTOWN SUN which is the official newspaper of the City, said notice having been published in each said publication more than ten days prior to the date set for the sale of bonds; and WHEREAS, bids have been received pursuant to said publications of said notice and the City Council desires to authorize the issuance of said bonds and award the sale thereof on the basis of thebest bid received; THAT: THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN Section 1(a). The ordinance heretofore adopted by the City Council on the 30th day of April, 1975, authorizing the issuance of the bonds described in the preamble of this ordinance and calling an election therefor is hereby in all things ratified and confirmed. 5908 September 25, 1975 ON FEBRUARY 1, 19 , the CITY OF BAYTOWN (the "City "), in the Counties of Harris and Chambers, in the State of Texas, promises to pay to bearer the principal amount of FIVE THOUSAND DOLLARS and to pay interest thereon, from the date hereof, at the rate of % per annum, evidenced by interest coupons payable February 1, 1976, and semiannually thereafter on each August 1 and February 1, 1976, and semiannually thereafter on each August 1 and February 1 while this Bond is outstanding. The principal of this Bond and the interest coupons appertaining hereto shall be payable to bearer, in lawful money of the United States of America, without exchange or collection charges to the bearer, upon presentation and surrender of this Bond or proper interest coupon at the CITIZENS NATIONAL BANK & TRUST CO., Baytown, Texas,or , at the option of the holder, at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, which banks shall be paying agents for this series of Bonds. THIS BOND is one of a series of negotiable, serial, coupon bonds, dated October 1, 1975, numbered consecutively from 1 through 400, in the denomination of $5,000 each, issued in the aggregate principal amount of $2,000,000 for the following purposes: (1) $35,000 for constructing permanent street improvements far the City; (2) $1,090,000 for constructing permanent drainage improvements for the City; (3) $635,000 for constructing improvements to the City's waterworks system; (4) $ 100,000 for constructing improvements to the city's sanitary sewer system; (5) $100,000 for purchasing and /or improving lands for park purposes for the city; and (6) $40,000 for constructing and permanently equipping additions to the existing library building of the city; in accordance with Chapters 1 and 7 fo Title 22, Revised Civil Statutes of Texas, as amended, and pursuant to an election held within the City on the 27th 5909 day of May, 1975, and authorized pursuant to an ordinance duly adopted by the City Council of the Cityh entitled ORDINANCE AUTHORIZING ISSUANCE of $2,000,000 GENERAL OBLIGATION BONDS, SERIES 1975; APPROPRIATING $2,000,000 OF PROCEEDS OF SALE THEREOF FOR VARIOUS PROJECTS; AND CONTAINING OTHER PROVIDIONS RELATING THERETO and finally passed on the 25th day of September, 1975, this Bond being one of a series of Bonds which constitutes a portion of the first installment of $11,545,000 general obligation bonds voted at the aforesaid election. ON AUGUST 1, 1990, OR ON ANY INTEREST PAYMENT DATE THEREAFTER, the outstanding Bonds of this series may be redeemed prior to their scheduled maturities, at the option of the City, IN WHOLE, OR IN PART IN INVERSE NUMERICAL ORDER, for the principal amount thereof and accrued interest thereon to the date fixed for any such redemption. At least thirty days prior to the date fixed for any such redemption to be mailed to the banks at which the Bonds are payable and published at least once in a financial publication published in the City of New York, New York. By the date fixed for any such redemption, due provision shall be made with the paying agents for the payment of the required redemption price. If such written notice of redemption is published and if due provision for such payment is made, all as provided above,.the Bonds which are to be so redeemed thereby automatically shall be redeemed prior to their scheduled maturities; and they shall not be regarded as being outstanding except for thepurpose of being paid by the paying agents with the funds so provided for such payment. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the issuance and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a general obligation ofthe City, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the City and have been pledged irrevocably for such payment within the limits prescribed by law. October 23, 1975 Section 1(b). All the matters and facts recited in the preamble hereof are hereby officially found to -be true and correct. Section 2. The City's negotiable, serial, coupon bonds to be designated CITY OF BAYTOWN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1975 (hereinafter called the "Bonds "), are hereby authorized to be issued and delivered in the aggregate principal amount of $2,000,000 for the following purposes: (1) $35,000 for constructing permanent street improvements for the city; (2) $1,090,000 for constructing permanent drainage improvements for the City; (3) $635,000 for constructing improvements to the City's waterworks system; (4 ) $100,000 for constructing improvements to the City's sanitary sewer system; (5) $100,000 for purchasing and /or improving lands for park purposes for the City; and (6) $40,000 for constructing and permanently equipping additions to the existing library building of theCity. Section 3. The Bonds shall be dated October 1, 1975, shall be numbered consecutively from 1 through 400, and shall be in the denomination of $5,000 each, and shall mature serially on February 1, of each of the years, and the amounts, respectively, as set forth in the following schedule: YEAR AMOUNT YEAR AMOUNT 1"9 $100,000 1988 $100,000 1980 100,000 1989 100,000 1981 100,000 1990 100,000 ` 1982 100,000 1991 100,000 1983 100,000 1992 100,000 1984 100,000 1993 200,000 1985 100,000 1994 200,000 1986 100,000 1995 200,000 1987 100,000 5906 y 5907 September 25, 1975 The Bonds may be redeemed prior to their scheduled maturities, at the option of the City, on the dates stated and in the manner provided in the FORM OF BOND set forth in this ordinance. Section 4. The Bonds shall bear interest per annum at the following 7 rates, respectively, to -wit: Bonds maturing 1979 through 1992, 5.75 % Bonds maturing 1993 through XXXXX 5.95 % Bonds maturing 1994 through 1995, 6 % evidenced by interest coupons which shall appertain to the Bonds and which shall be payable on the dates indicated in the FORM OF BOND set forth in this ordinance. Section 5. The Bonds, and the interest coupons appertaining thereto, shall be payable, shall have the characteristics, and shall be signed and executed (and the Bonds shall be sealed), all as provided and in the manner indicated in the FORM OF BOND set forth in this ordinance. Section 6. The form of the Bonds, including the form of registration certificate of the Comptroller of Public Accounts of the State of TExas to be printed and endorsed on each of the Bonds. and the form of the aforesaid interest coupons which shall appertain and be attached initially to each of the Bonds, shall be, respectively, substantially as follows: NO. FORM OF BOND: UNITED STATE OF AMERICA STATE OF TEXAS COUNTIES OF HARRIS AND CHAMBERS CITY OF BAYTOWN, TEXAS, GENERAL OBLIGATION BOND SERIES 1975 $5,000 5910 IN WITNESS WHEREOF, this Bond and the interest coupons appertaining hereto have been signed with the facsimile signature of the Mayor of the City and countersigned with the facsimile signature of the City Clerk of the City, respectively, and the official seal of the City has been duly t impressed, or placed in facsimile, on this Bond. COUNTERSIGNED: xxxxxxxxxxxx City Clerk CITY OF BAYTOWN, TEXAS (SEAL) xxxxxxxx Mayor CITY OF BAYTOWN, TEXAS FORM OF REGISTRATION CERTIFICATE: COMPTROLLER'S REGISTRATION CERTIFICATE1 REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of theState of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. WITNESS MY signature and seal this xxxxxxx Comptroller of Public Accounts of the (SEAL) State of Texas FnRM nF TNTFRFST rnllPnN- NO . "I � oyii ON 1, 19 , the CITY OF BAYTOWN, in the Counties of Harris And Chambers, State of Texas, promises iD pay the bearer the amount shown on this interest coupon, in lawful money of the United States of America, without exchange or collection charges to the bearer, unless due provisions has been made for the redemption prior to maturity of the Bond to which this coupon appertains, upon presentation and surrender of this interest coupon, at the CITIZENS NATIONAL BANK & TRUST CO., Baytown, Texas, or, at the option of the holder, at the FIRST CITY NATIONAL BANK OF HOUSTON, Houston, Texas, said amount being interest due that day on the Bond bearing the number hereinafter designated of that issue of the CITY OF BAYTOWN, TEXAS, GENERAL OBLIGATION BONDS, SERIES 1975, dated October 1, 1975. Bond No. xxxxxxx City Clerk xxxxxxx Mayor Section 7. A special fund or account, to be designated th "City of Baytown, Texas, General Obligation Bonds, Series 1975, Interest and Sinking Fund" (hereinafter called the "Interest and Sinking Fund "), is hereby created and shall be established and maintained by the City at an official depository bank of the City. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the City and shall be used only for paying the interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the 5912 Bonds or interest coupons appertaining thereto are outstanding and unpaid, the City Council of the City shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest comes due and to provide and maintain a sinking fund adequate to pay the principal of the Bonds as such principal matures but never less than 2% of the original principal amount of the Bonds as a sinking fund each year; and said tax shall be based on the latest approved tax rolls of the City, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax are hereby levied, and are hereby ordered to be levied, against all taxable property in the city for each year while any of the Bonds or interest coupons appertaining thereto are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Bonds, as such interest comes due and such prin- cipal matures, are hereby pledged irrevocably for such payment within the limits of the law. Section 8. Immediately following delivery of the Bonds to the purchaser thereof, the accrued interest and premium, if any, shall be deposited in the Interest and Sinking Fund created above in Section 7. Section 9. There is hereby appropriated out of the proceeds of the sale of the Bonds authorized by this ordinance the following sums for the following indicated purposes, respectively: i Z)713 (1) $35,000 for constructing permanent street improvements for the City; (2) $1,090,000 for constructing permanent drainage improvements for the City; (3) $635,000 for constructing improvements to the City's waterworks system; (4) $100,000 for constructing improvements to the City's sanitary sewer system; (5) $100,000 for purchasing and /or improving lands for park purposes for the City; and (6) $40,000 for constructing and permanently equipping additions to the existing library building of the City. It is hereby estimated that the maximum cost, respectively, for each of the aforesaid projects will not exceed the amount named above for each such project, respectively; and there is no necessity for any down payment on these projects; and no such down payment is hereby ordered to be made. It is hereby officially found and determined that the probable period of usefulness of each of the aforesaid projects is forty years. Section 10. Out of the proceeds of sale of the Bonds authorized by this ordinance the following sums are hereby ordered to be used and expended for the following indicated purposes, respectively: (1) $35,000 for constructing permanent street improvements for the City; (2) $1,090,000 for constructing permanent drainage improvements for the City; (3) $635,000 for constructing improvements to the City's waterworks system; 5914 (4) $100,000 for constructing improvements to the City's sanitary sewer system; (5) $100,000 for purchasing and /or improving lands for park purposes for the City; and (6) $40,000 for constructing and permanently equipping additions to the existing library building of the City; as provided in the ordinance adopted on the 30th day of April, 1975, calling the bond election which was held in the City on the 27th day of May, 1975. Section 11. The City certifies that based upon all facts, estimates and circumstances now known or reasonably expected to be in existence on the date the Bonds are delivered and paid for, the City reasonably expects that the proceeds of the Bondswill not be used in a manner that would cause the Bonds or any portion of the Bond to be an "arbitrage bond" under Section 103(d)(2) of the Internal Revenue Code of 1954, as amended, and the temporary and proposed regulations heretofore prescribed thereunder, including without limitation, Sections 1.103 -13 and 1.103 -14 of the proposed regulations published in the Federal Register on May 3, 1973. Furthermore, all officers, employees or agents of the City are authorized and directed to provide certifications of facts, estimates and circumstances which are material to the reasonable expectations of the City as of the date the Bonds are delivered and paid for, and any such certifications may be relied upon by counsel, by the owners or holders of the Bonds, or by any person interested inthe exemption of interest on the Bonds from Federal income taxation. Moreover, the City covenants that it shall make such use of the proceeds of the Bonds, regulate investments of proceeds of the Bonds, and 5915 take such other and further action as may be required so that the Bonds shall not be "arbitrage bonds" under Section 103(d) of the Internal Revenue Code of 1954, as amended, and regulations prescribed from time to time thereunder. Section 12. The Mayor of the City is hereby authorized to have control of the Bonds and all necessary records and proceedings pertaining to the Bonds pending their delivery and their investigation examination, and approval by the Attorney General of the State of Texas and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Bonds, the Comptroller of Public Accounts (or a deputy designated in writing to act for the Comptroller) shall manually sign the Comptroller's Registration Certificate prescribed herein to be printed and endorsed on each Bond; and the seal of the Comptroller shall be impressed, or placed in facsimile, on each of the Bonds. Section 13. The Bonds are hereby sold and shall be delivered to Texas Commerce Bank National Association for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $none , subject to the unqualified approving opinions, as to the legality of the Bonds, of the Attorney General of the State of Texas and of Vinson, Elkins, Searls, Connally, & Smith, Houston, Texas, market attorneys; and it is hereby officially found, determined, and declared that the Bonds are sold on the best terms and for the best price possible. by lb Section 14. The approving opinion of Vinson, Elkins, Searls, Connally & Smith, Houston, Texas, and Cusip Numbers may be printed on the back of each of the Bonds, but errors or omisions in such opinion or errors in or omissions of such numbers shall have no effect on the validity of the Bonds. Section 15. The Mayor and all other appropriate officers of the CITY OF BAYTOWN are hereby authroized and directed to do any and all things necessary or convenient to carry out the provisions of this ordinance. Section 16. This ordinance was read once by the City Council and shall take effect immediately. Section 17. It is hereby officially found and determined that the need of the City for such financing creates an emergency and an urgent public necessity for the holding, at the scheduled time, of the meeting of the City Council at which this ordinance is adopted and for the adoption of this ordinance; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Clerk and theposting thereof, is hereby authorized, approved, adopted, ratified, and confirmed. ovII PASSED, AUTHENTICATED, AND APPROVED this 25th day of September, 1975. ATTEST: City Clerk CITY OF BAYTOWN, TEXAS (SEAL) Mayor CITY OF BAYTOWN, TEXAS '7 5918 September 25, 1975 Recognize Mrs. Edna Oliver - City Clerk Mayor Gentry introduced and read Resolution No. 522, thanking and recognizing Mrs. Edna Oliver, who has served as City Clerk of the City of Baytown since its incorporation in 1948. Councilman Pool moved to adopt the resolution; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Hutto Mayor Gentry Nays: None Mayor Gentry then introduced and read a proclamation designating Tuesday, September 30, 1975, as "Edna Oliver Day" in the City of Baytown. Mrs. Oliver will be retiring, effective September 30. City Manager's Report Mr. Lanham has received work from Congressman Eckhardt that the EPA has approved the increase in grant for the East District Sewage Treatment Plant project in the amount of $591,450.00. This will bring the total grant amount to $1,649,700. The regional office of the EPA has advised, by telephone, to proceed with the work. Mr. Langford is getting the necessary contracts in order for signing to get the project underway. At the last meeting of the Harris County Mayors' and Councilmen's Association the suggestion was made for cities to encourage citizens to get away from the "trick or treat" tradition on Halloween. Baytown's Parks & Recreation Department will hose, for the first time, a "Great Pumpkin Halloween Carnival" in the Community Building: Mayor Gentry suggested that council give consideration to this suggestion and make some recommendation to the public at the next council meeting. The highway department has been contacted regarding the hazardous condition of the road at the intersection of Airhart and Decker Drive. They have indicated that repairs will be made again, and that cement stabilized shell will be used. Regarding the transportation for the elderly, there is a program getting underway through a county -wide organization that has been receiving federal funding for transport a tion for the elderly. Mr. Lanhanis gathering information about the services thisorganization has to offer. Possibly, there will be a need for Baytown to supplement the program. Consider Request of Mr. J. R. Strausser - Gulf Oil Chemical Company Mr. J. R. Strausser, plant manager of Cedar Bayou Olefin Plant, Gulf Oil Company, has asked for clarification on two points of the Industrial District Resolution, No. 514, regarding expansion. (1) Is the "first contract year in which construction is begun" when the construction work on the project is started, e.g., piping, foundation, permanent items built on the site? Would this include removal of trees or site preparation? (2) Additional details are desirable regarding timing, required data on the project, etc., for approaching council relative to their decision on eligibility of this project for tax exemption. Council discussed Mr. Strausser's letter, with the general concensus being that anyone seeking to gain an exemption under our industrial district contract or resolution should contact the administration relative to the potential construction. The administration can give instructions as to what procedure they would need to follow and certain data that would be required, such as the date for start of construction, cost, and descrip- tion of the project. Mr. Lanham was asked to prepare a list of general guidelines that industry could follow, and submit them to council for consideration. Regarding the definition of the actual start of construction,clearing a site, excavating, or receiving equipment or materials could indicate the start of construction. However, in some cases, site clearance begins long before the project has been approved. In such a case, the industry representative should present this evidence to council for a ruling. Council will consider each case on an individual basis. 5919 September 25, 1975 Mr. Strausser explained that his letter might have been premature, but was written so there would be no misunderstanding. Although his company will not be ready to begin construction this year, consideration is being given to removing timber. Mayor Gentry suggested that to exempt the cutting of timber from the start of the project, council would require more information, such as how the timber will be removed. Mr. Strausser indicated he would appear before council with more information, and seek a ruling. Appropriate Funds to Debt Service Fund Proposed Ordinance No. 50925 -2 will appropriate $65,000 from the Un- appropriated surplus in the General Fund of the 1974 -75 budget to Account No. 101 -13 -1, Debt Service Fund. This amount will eliminate the anticipated deficit in this account. - Councilman Bednarski moved to adopt the ordinance; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Hutto and Wilbanks Mayor Gentry Nays: None ORDINANCE NO. 1874 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE SIXTY -FIVE THOUSAND AND NO /100 ($65,000) DOLLARS FROM THE UNAPPROPRIATED SURPLUS GENERAL FUND TO BUDGET ACCOUNT 101 -13 -1, TRANSFER TO OTHER FUNDS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Designate City Depository - Citizens National Bank & Trust Company Proposed Ordinance No. 50925 -3 will designate Citizens National Bank and Trust Company the city depository for a two -year period beginning October 1, 1975. At the last council meeting, bids were considered and a contract awarded to Citizens Bank. State law provides that the depository must first be selected, and then designated by ordinance. Mr. Lanham recommended approval. Councilwoman Wilbanks moved to adopt the ordinance; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Hutto and Wilbanks Mayor Gentry Nays: None ORDINANCE NO. 1875 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, DESIGNATING CITIZENS NATIONAL BANK AND TRUST COMPANY AS THE DEPOSITORY OF THE FUNDS OF THE CITY OF BAYTOWN FOR A PERIOD BEGINNING OCTOBER 1, 1975 AND ENDING SEPTEMBER 30, 1977, BOTH DATES INCLUSIVE; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT BETWEEN SUCH BANK AND THE CITY OF BAYTOWN; INCORPORATING THE PERTINENT PROVISIONS OF THE BID PROPOSAL AND BID; DIRECTING THE CITY TREASURER TO MAINTAIN THE CITY DEPOSITORY, AS DESIGNATED, IN THE CITIZENS NATIONAL BANK AND TRUST COMPANY, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Industrial District Agreement - City of Baytown and Chemical Exchange Baytown, Inc. Proposed Ordinance No. 50525 -4 authorizes the execution of an industrial district agreement between the City of Baytown and Chemical Exchange Baytown, Inc. This will be the last contract for Industrial District No. 1 to be signed this year. A portion of Chemical Exchange is already within the city limits of Baytown, so there will be no annexation proceeding in relation to this agreement. Mr. Lanham recommended approval of the ordinance. Councilman Bednarski moved to adopt the ordinance; Councilman Hutto seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Hutto Mayor Gentry Nays: None ORDINANCE NO. 1876 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE 14AYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT CONTRACT BETWEEN CHEMICAL EXCHANGE BAYTOWN, INC., AND 1HE CITY OF BAYTOWN, TEXAS, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. September 25, 1975 5920 Deferred Compensation Plan Proposed Ordinance No. 50925 -5 authroizes the Mayor to execute the Deferred Compensation Plan with the International City Management Association Retirement Corporation. This is a plan that would allow qualified employees of the City, by contract, to defer a portion of their pay until some future date. The employee would not have to pay income tax on that portion of his income until he begins to draw money from the retirement plan. This plan will cost the city nothing, and participation by employees is optional. Mr. Lanham recommended approval. Councilwoman Wilbanks moved to adopt the ordinance; Councilman Hutto seconded the motion: Ayes: Ways: Council members Mayor Gentry None Lander, Bednarski, Pool, Wilbanks, and Hutto ORDINANCE NO. 1877 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ESTABLISHING THE DEFERRED COMPENSATION PLAN FOR QUALIFIED EMPLOYEES OF THE CITY OF BAYTOWN; AUTHORIZING THE MAYOR TO EXECUTE THE DEFERRED COMPENSATION PLAN WITH THE INTERNATIONAL MANAGEMENT ASSOCIATION RETIRE- MENT CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Call Public Hearing - Annex Quail Hollow, Section II Proposed Ordinance No. 50925 -6 will call a public hearing on the annexation of Quail Hollow, Section II. The hearing is scheduled for October 9 at 7:00 P. M. Mr. Lanham recommended approval of the ordinance. Councilman Lander moved to adopt the ordinance; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, Hutto Mayor Gentry Nays: None ORDINANCE NO. 1378 AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF CERTAIN PROPERTY BY THE CITY OF BAYTOWU, TEXAS; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC -- HEARING AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Award Bid - Traffic Light Arms and Hangers Proposed Ordinance No. 50925 -8 will award the bid for traffic light arms and hangers for the signalization of the Defee and Highway 146 intersection. Signal Engineering Company submitted a bid for the amount of $2,800, which is below the estimate. One other bid - a "no bid" was received. Mr. Lanham recommended awarding the bid to Signal Engineering Company. Councilman Pool moved to adopt the ordinance; Councilman Bednarski seconded the motion: Ayes: Nays: Council members Lander, Bednarski, Pool, Wilbanks and Hutto Mayor Gentry None ORDINANCE NO. 1879 AN ORDINANCE OF THECITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF SIGNAL ENGINEERING COMPANY FOR THE PURCHASE OF TRAFFIC LIGHT ARMS AND HANGERS AND AUTHORIZING THE PAYMENT BY THE CITY OF THE SUM OF TWO THOUSAND EIGHT HUNDRED AND NO /100 ($2,800) DOLLARS. Award Bid - Annual Supply of Vitrified Clay Pipe Propsoed Ordinance No. 50925 -9 awards the bid for an annual supply of vitrified clay pipe. One bid was received, from W. S. Dickey, Clay Manufacturing Company, in the amount of $6,174.00. The bid is firm for six months, after which an increase not to exceed 7% may be effected. Mr. Lanham recommended awarding the bid to W. S. Dickey. Councilman Bednarski moved to adopt the ordinance; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Hutto Mayor Gentry Ways: None 09Z September 25, 1975 ORDINANCE NO. 1880 AN ORDINANCE OF THECITY COUNCIL OF THE BID OF W. S. DICKEY CLAY MANUFACTURING QUANTITIES OF VITRIFIED CLAY PIPE ON A TO BE PAID TO BE BASED UPON THE ACTUAL THE EFFECTIVE DATE HEREOF. CITY OF BAYTOWN, TEXAS, ACCEPTING THE COMPANY FOR THE PURCHASE OF ESTIMATED UNIT PRICE BASIS, WITH THE COMPENSATION QUANTITIES SUPPLIED AND PROVIDING FOR I' Authorize Final Payment - Upper Goose Creek Interceptor Sewer Proposed Ordinance No. 50925 -9 authorizes final payment to Travelers ,Indemnity, Inc., for work completed on the Upper Goose Creek Interceptor Sewer, Contract #. S (Travelers had to assume this contract as the surety when Stephen's Contracting Company !declared bankruptcy. Mr. Lanham recommended that no liquidated damages be charged Travelers because they have done a conscientious job of getting the contract finished, and that final payment be authorized. Councilman Bednarski moved to accept the recommendation; Councilman _ Pool seconded the motion: Ayes: Council members Mayor Gentry Ways: None Lander, Bednarski, Pool, Wilbanks and Hutto ORDINANCE NO. 1881 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING CONSTRUCTION OF TFE:UPPER GOOSE CREEK INTERCEPTOR SEWER, JOB NO. 44A, CONTRACT NO. 5, BY TRAVELERS INDEMNITY INC.; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACT; ACCEPTING THE ENGINEERS' CERTIFICATE OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID TRAVELERS INDEMNITY INC. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Authorize: Final Payment - League of Women Voters Park and W. C. Jenkins Memorial - J. C. Holloway Park Proposed Ordinance No. 50925 -10 authorizes final payment to Fairmont Paving Company in the amount of $3,917.16 for the League of Women Voters Park and $9,585.18 for the Jenkins - Holloway Park. A penalty of $1400 has been subtracted from the final payment on the League of Women Voters Park for work that was not completed. Mr. Lanham recommended approval of the ordinance. Councilman Bednarski moved to adopt the ordinance; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Hutto Mayor Gentry Nays: None ORDINANCE NO. 1882 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AND ACCEPTING DEVELOPMENT OF THE LEAGUE OF WOMEN VOTERS PARK, JOB NO. 73 -549, AND THE JENKINS - HOLLOWAY MEMORIAL PARK, JOB NO. 73 -537, BY FAIRMONT PAVING COMPANY; FINDING THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CONTRACTS; ACCEPTING THE ENGINEERS' CERTIFICATES OF FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID FAIRMONT PAVING COMPANY AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. ;mend City Personnel Policies to provide new Vacation Schedule Proposed Ordinance No. 50925 -11 amends the Personnel Policies to provide a new vacation schedule that will give a gradual increase in vacation time as the ---length of service increases. September 25, 1975 5922 Years of Service Accrual of Annual Vacation Monthly Accrual CIVIL SERVICE: 0 - 18 15 days 1.25 days 19 - 24 20 days 1.67 days NON -CIVIL SERVICE: Over 24 25 days 2.08 days NON -CIVIL SERVICE: 0 - 6 10 days .83 days 7 - 14 15 days 1.25 days 15 - 22 20 days 1.67 days Over 22 25 days 2.08 days Different schedules were developed for civil service and non -civil service employees so that after 30 years of service, all employees will have received an equal number of vacation days. Mr. Lanham recommended approval of theordinance. Councilman Lander moved to adopt the ordinance; Councilman Bednarski secor the.moti on: _. Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Hutto Mayor Gentry Nays: None ORDINANCE NO. 1883 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING ORDINANCE NO. 996 BY THE AMENDMENT OF THE "PERSONNEL POLICIES OF THE CITY OF BAYTOWN," SECTION 3.04, VACATION, SO AS TO REPEAL THEPROVISIONS OF SUCH SECTION AS PRESENTLY CONSTITUTED AND TO SUBSTITUTE IN ITS PLACE A NEW SECTION 3.04; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE, AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Authorize Application for Federal Funding The bond issue that was approved several months ago included funds for constructing additional sewer lines in the eastern part of thecity and also sliplining and other improvements to correct the infiltration /inflow problems in the central district. It appears that some of these improvements will be eligible for federal funding. Although bonds have not yet been sold for this construction work, Mr. Lanham requested authorization to submit applications in an effort to move ahead as rapidly as possible. Councilwoman Wilbanks moved to adopt Proposed Ordinance No. 518, authorizing application for federal funding for the East Sewer District; Councilman Hutto seconded the motion: Ayes: Council members Lander, Bednarski,Pool, Wilbanks and Hutto Mebor Gentry Nays: None RESOLUTION NO. 518 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, AUTHORIZING FRITZ LANHAM, CITY MANAGER, OR HIS SUCCESSOR, TO MAKE APPLICATION FOR A FEDERAL GRANT UNDER PUBLIC LAW 92 -500 AND THE RULES AND REGULATIONS PURSUANT THERETO, AND TO SIGN THE ACCEPTANCE OF THi .GRANT, WHEN MADE, AND ANY OTHER NECESSARY DOCUMENTS REQUIRED TO COMPLETE THE PROJECT ON BEHALF OF THE CITY OF BAYTOWN. Councilman Lander moved to adopt Proposed Resolution No. 519, authorizing application for federal funding for the Central Sewer District; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Hutto Mayor Gentry Nays: None RESOLUTION NO. 519 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, AUTHORIZING FRITZ LANHAM, CITY MANAGER, OR HIS SUCCESSOR, TO MAKE APPLICATION FOR A FEDERAL GRANT UNDER PUBLIC LAW 92 -500 AND THE RULES AND REGULATIONS PURSUANT THERETO, AND TO SIGN THE ACCEPTANCE OF THE GRANT, WHEN MADE, AND ANY OTHER NECESSARY DOCUMENTS REQUIRED TO COMPLETE THE PROJECT ON BEHALF OF THE CITY OF BAYTOWN. 5923 September 25, 1975 Authorize Application for Funding from the Texas Criminal Justice Council Proposed Resolution No. 520 authorizes the City Manager to make application for funding from the Texas Criminal Justice Council for continuation of the Harris County Organized Crime Control Unit. This application is for fourth year funding. Although Baytown is the funding agent, there are several cities in Harris County that participate. Mr. Lanham recommended approval of the resolution. Councilman Bednarski moved to approve the resolution. Councilman Lander seconded themotion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Hutto Mayor Gentry Nays: None RESOLUTION NO. 520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE APPLICATION TO THE TEXAS CRIMINAL JUSTICE COUNCIL FCR'.THE CONTINUED OPERATION OF THE HARRIS COUNTY ORGANIZED CRIME CONTROL UNIT AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Authorize Application for Water Well Permit - Subsidence District Proposed Resolution No. 521 authorizes the City Manager to submit an application for a water well permit from the Harris Galveston Coastal Subsidence District.The permit will be for the water wells the city presently operates. This is a requirement of thelaw that established the subsidence district, and the application must be filed by September 30. Councilman Lander moved to approve the resolution; Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Hutto Mayor Gentry Nays: None RESOLUTION NO. 521 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR A WATER WELL PERMIT TO THE HARRIS4ALVESTON COASTAL SUBSIDENCE DISTRICT --' -- PURSUANT TO THE PROVISIONS OF HOUSE BILL 552 AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Preliminary Plans - Bicentennial Park Mr. Jim Hutchison presented the preliminary plans for the Bicentennial Park that was proposed by the Parks & Recreation Advisory Board in conjunction with the Bicentennial celebration. Plans provide for an outdoor theater, an historical area with a Tri- Cities Mural made of granite, a gazebo, trails, walkways and landscapting. The estimate is $113,240; council has earmarked $80,000 for the park in bond funds. In an effort to construct the park according to the plans, the Bicentennial Finance Committee was asked council permission to seek donations to make up the $33,240. Donations will be accepted with the understanding that all contributions will be used for thepark, not any one particular item. Councilwoman Wilbanks moved to approve the schematic drawing as presented, and give authorization for the Finance Committee to solicit funds. Councilman Bednarski seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Hutto Mayor Gentry Nays: None Appoint City Health Officer The term of office for the City Health Officer, Dr. Sterling M. Hardt, will expire September 27. Dr. Hardt has indicated a willingness to serve another two -year term, and Mr. Lanham recommended council reappoint Dr. Hardt. Councilman Hutto moved to accept the recommendation; Councilman Lander seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks, and Hutto Mayor Gentry Nays: None September 25, 19 75 Air Conditioning Committee 5924 At the meeting on August 28, Mr. Lanham was asked to prepare a recommendation regarding the creation of a larger committee with the expertise to study a proposed ordinance and develop detailed recommendations for council concerning the regulation of air conditioning installation and repair. Mr. Leo Frost has contacted other cities that have ordinances, and based on these contacts, Mr. Lanham recommended that council create a seven - member committee composed of one registered mechanical engineer, one registered professional engineer, one licensed mechanical contractor, one air conditioning contractor, one architect, one general contractor, one citizen not in the building business,.and the city's plumbing inspector. This committee would develop an ordinance for council's consideration. Mr. Lanham will present a list of people who will qualify to serve on the committee. Councilman Bednarski moved to accept the recommendation; Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Hutto Mayor Gentry Nays: None Receive Preliminary Engineerinq Resort - Robin Road Drainaqe Improvements The firm of Busch, Hutchison and Associates have prepared a preliminary engineering report on the Robin Road drainage improvements as consulting engineers for the 1975 Capital Improvement Program. Mr. Hutchison presented the report, which shows the drainage area that needs service to be roughly 71 acres. For the most part, dual pipes will be used so that excavation will not be too deep. The cost estimates do not reflect any costs for excavating the county's flood control ditch - only carrying the pipe and water to the ditch. The estimate is $172,500, assuming the county will provide the excavation and any adjustemnts. At the time the bond election was planned, only $105,000 was allowed for this work. However, there are other bond projects that have been overestimated. Mr. Busch explained that a substantial amount of work has been done on the planning for improvements to the jailhouse ditch storm sewer, the Hunnicutt storm sewer, and the Martin ditch storm sewer; there should be a substantial savings on these three projects - more than the deficiency related to the Robin Road project. Mr. Lanham recommended that a study be made on another project that reflects an underrun before authorization is given to proceed with detailed plans for bidding on the Robin Road project. Mr. Busch stated he would present studies on three projects at the next council meeting. Councilman Hutto moved to accept the administration's recommendation, and to approve the preliminary report. Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Hutto Mayor Gentry Nays: None Receive Preliminary Engineering Report for Construction of Bayway Drive Prterial Water Main The Bayway Drive Arterial Water Main project was approved in the 1975 Capital Improvement Program. This project involves extending a 16" water main from Decker Drive to Wisconsin Street. In view of the fact that the Texas Highway Department will begin paving Bayway Drive, it is necessary to get the water line work underway in order to interfere as little as possible with the Highway Department's improvement. They have indicated they are willing to proceed with the paving even though there may be another contractor working at the same time. For this reason, the water line work from Decker Drive to Arbor Street has been designated as Phase I; this will partially complete a 16" diameter arterial water main loop around the city. Phase II, from Arbor to Wisconsin, will complete the loop. The entire project is estimated to cost $530,000; this is $105,000 less than the amount alloted in the bond program. Mr. Hutchison asked council authorization to proceed with detailed plans and specifications for bidding on Phase I. Regarding Phase II, Mr. Lanham has received a letter on behalf of Mr. Jo Graves Exxon, concerning an alternate route for the water line. During the past, there has been discussion concerning the relocation of Bayway Drive to just south of the Southern Pacific Railroad and the closing of Park Street; this would be in the long range interest of the city and Exxon. The alternate route, which is shorter, would indicate some potential construction advantages. Mr. Lanham stated he would like to pursue this possibility, and council offered no objection. Councilman Lander moved to accept the preliminary report and authorize 5925 September 25, 1975 preparation of detailed plans and specifications for bidding on Phase I. Councilman Pool seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wilbanks and Hutto Mayor Gentry Nays: None Unfinished Business Councilman Lander moved that the Council go on record as endorsing all issues in the Harris County Bond Election to be held September 27; Councilwoman Wilbanks seconded the motion: Ayes: Council members Lander, Bednarski, Pool, Wi lbanks and Hutto Mayor Gentry Nays: None Adjourn Councilman Bednarski moved that the meeting be adjourned; Councilman Pool seconded the motion. The motion passed unanimously. APPROVED: /s/ Tom Gentry TOM GENTRY, mayor ATTEST: 41'd� z" Aze EILEEN P. HALL, City Clerk,, . 4 BY: 4./x.1 BELINDA BINGHAM, DepuW City Clerk 1 i ti.