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1979 07 03 CC Minutes, Special70703 -1 MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN July 3, 1979 The City Council of the City of Baytown, Texas, met in special session on Tuesday, July 3, 1979, at 5:00 p.m. in the Council Chamber of the Baytown City Hall. The following members were in attendance: Fred T. Philips Ted Kloesel Mary E. Wilbanks Eileen Caffey Allen Cannon Emmett 0. Hutto Fritz Lanham Scott Bounds Dan Savage Eileen P. Hall Absent: Jimmy Johnson Councilman Councilman Councilwoman Councilwoman Councilman Mayor City Manager City Attorney Assistant City Manager City Clerk Councilman Mayor Hutto called the meeting to order. The first item listed on the agenda was passed because certain facts pertaining to this item were to be discussed during executive session. Council considered authorization to the Administration to have soil analyses performed in the area of Cary's Bayou. Norman Dykes, City Engineer and Director of Public Works, explained to Council that a very serious problem has developed in the Kings Bend area where the ground has begun to sink underneath a drainage ditch which carries water to Cary's Bayou. The City received a call concerning this problem. A city crew was dispatched to correct the problem. Shortly after the problem was corrected the ground began to sink again causing the pipe to collapse at one point. Therefore, the Administration is requesting authorization to employ a firm to make soil analyses and recommend what remedial action can be employed. Mr. Lanham reminded Council of a situation which developed similar to this when the West Texas Avenue Bridge was being constructed which was a direct result of the ground shifting. The Administration has obtained permission from a homeowner to go onto this property to make the necessary soil borings. These soil borings will isolate the prob- lem. Perhaps the borings will indicate not only what the problem is, but whose responsibility it would be to correct -- Baytown or Harris County or perhaps both. The maximum estimate to make the soil borings is $2,000. The Administration recommended that Council authorize the retention of the firm of Southwest Lab to make these soil borings and make recommendation as to the solution of the problem. Councilman Philips moved to accept the recommendation of the Administration. '* Councilman Cannon inquired as to what size easement exists at the problem location. When Mr. Dykes responded that a 10 foot ease- ment exists here, Councilman Cannon suggested that the City needed to consider larger drainage easement requirements in the future. Mayor Hutto pointed out that the county had recently desnagged Cary's Bayou which may be contributing to the problem. Councilwoman Wilbanks seconded the motion. 70703 -2 Minutes of the Special Meeting - July 3, 1979 Councilman Philips requested in conjunction with the motion that the Administration contact the Flood Control District to get a decision as to where responsibilities lie. The vote follows: Ayes: Council members Philips, Kloesel, Caffey, Wilbanks and Cannon Mayor Hutto Nays: None Ordinance - Prohibiting Certain Uses of Water From the City Water Supply System Not Essential to the Public Well- Being; Authorizing the City to Terminate Water Service for Violation Council was asked to consider an ordinance prohibiting certain uses of water from the city water supply system not essential to the public well- being; authorizing the Mayor to terminate water service for violation. The reason which necessitated this action is that the Decker Drive Water Well has been out of service since Saturday. This well pumps 2,000,000 of the 11,000,000 gallons per day maximum which may be pumped. The City has been pumping 9,000,000 per day which is capacity with the Decker Drive well out of service. The wells on North Main and Cedar Bayou have been mal- functioning which means that part of the time, those wells have been down for maintenance. A large water leak was discovered at the Market Street Bridge which has been valved off. After this leak was valved off, the water pressure improved immensely. Fire- men have been traveling around the city requesting citizens to discontinue unnecessary uses of water. Because of the emergency conditions, the Administration is requesting the adoption of the proposed ordinance. The ordinance would authorize the Mayor to enforce its provisions by discontinuance of water service in the event of violation and is to remain in force and effect until amended or repealed by the Mayor or until repealed by the Council of the City of Baytown. Councilman Cannon moved for the adoption of the ordinance with the provision that the ordinance be worded to exclude vegetable gardens; Councilwoman Caffey seconded the motion. The vote follows: Ayes: Council members Philips, Kloesel, Wilbanks, Caffey and Cannon Mayor Hutto Nays: None ORDINANCE NO. 2691 AN ORDINANCE PROHIBITING CERTAIN USED OF WATER FROM THE CITY WATER SUPPLY SYSTEM NOT ESSENTIAL TO THE PUBLIC WELL- BEING; AUTHORIZING THE CITY TO TERMINATE WATER SERVICE FOR VIOLATION; AND DECLARING THE PRESENCE OF AN EMERGENCY. Mayor Hutto recessed the meeting into executive session. When the open meeting reconvened, the following business was transacted. 70703 -3 Minutes of the Special Meeting - July 3, 1979 THE STATE OF TEXAS 0 COUNTIES OF HARRIS AND CHAMBERS Q CITY OF BAYTOWN 0 The City Council of the City of Baytown, Texas, convened in special meeting, open to the public, on the 3rd day of July, 1979, 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: Emmett 0. Hutto Mayor Allen Cannon Mayor Pro Tem Ted Kloesel Councilman Jimmy Johnson Councilman Mary E. Wilbanks Councilwoman Eileen Caffey Councilwoman Fred T. Philips Councilman Eileen P. Hall City Clerk and all of said persons were present, except the following absentees: Jimmy Johnson, Councilman, thus constituting a quorum. Whereupon, among other business, the following was transacted at said meeting: a written ordinance entitled: ORDINANCE CALLING BOND ELECTION AND PROVIDING FOR ISSUANCE OF BONDS (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: 70703 -4 Minutes of the Special Meeting - July 3, 1979 CERTIFICATE FOR ORDINANCE CALLING BOND ELECTION AND PROVIDING FOR ISSUANCE OF BONDS THE STATE OF TEXAS 4 COUNTIES OF HARRIS AND CHAMBERS 0 CITY OF BAYTOWN 4 We, the undersigned officers of the CITY OF BAYTOWN, TEXAS (the "City "), do hereby certify as follows: 1. That we are the duly chosen, qualified and acting officers of the City for the offices shown below our signatures and that as such we are familiar with the facts herein certified. 2. That there is attached to and follows this certificate an excerpt of proceedings from the minutes of a meeting of the City Council of the City (the "City Council ") which is a true, full and complete excerpt of all proceedings from the minutes of the City Council pertaining to the adoption of the ordinance de- scribed therein; and that the persons named in such excerpt as the officers and members of the City Council or as officers of the City are the duly chosen, qualified and acting officers and members as indicated therein. 3. That a true and complete copy of the ordinance (the "Ordinance "), as adopted at the meeting described in such excerpt from the minutes, is attached to and follows such excerpt. 4. That the Ordinance has been duly and lawfully adopted by the City Council and that the Mayor of the City has approved, and hereby approves, the Ordinance; that the Mayor and the City Clerk of the City have duly signed and attested the Ordinance and each, respectively, hereby declares that the signing of this certificate shall also constitute the signing of the Ordinance for all purposes; and that the Ordinance, as signed, has been duly recorded in the minutes of the City Council for such meeting. 5. That each of the officers and members of the City Council was duly and sufficiently notified officially and per- sonally, in advance, of the date, hour, place and subject of such meeting of the City Council, and that the Ordinance would be introduced and considered for passage at such meeting, and each of such officers and members consented, in advance, to the holding of such meeting to consider and act upon such subject. 6. That written notice of the meeting of the City Council described in the excerpt from the minutes was posted in the form and manner required by law; and that such meeting was open to the public as required by law at all times during which the Ordinance and the subject matter thereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Article 6252 -17, Vernon's Texas Civil Statutes, as amended. SIGNED AND SEALED the 3rd day of July, 1979. /s/ Eileen P. Hall City Clerk (SEAL) /s/ Emmett 0. Hutto Mayor W 90703 -5 ORDINANCE NO. 2692 ORDINANCE CALLING BOND ELECTION AND PROVIDING FOR ISSUANCE OF BONDS THE STATE OF TEXAS § COUNTIES OF HARRIS AND CHAMBERS -§ _ CITY OF BAYTOWN § WHEREAS, the City Council (the "City Council ") deems it necessary to call the election hereinafter described and, sub- ject to the results of the election, to authorize the issuance of bonds; THEREFORE, BE IT ORDAINED BY THE CITY-COUNCIL OF THE CITY OF BAYTOWN THAT: Section 1. An election shall be held in the CITY OF BAYTOWN (the "City ") on July 24, 1979, in which all resident, qualified electors of the City shall be entitled to vote; the polls shall be open for voting from 7:00 a.m. to 7:00 p.m. at the following polling places in each of the following precincts heretofore established and described by natural or artificial boundaries or survey lines by an ordinance adopted by the City Council and on file in its minutes, and the following are hereby appointed officers to conduct the election at each polling place, respectively: ELECTION PRECINCT 1: Boundaries same as County Election Precinct 12. Polling Place: ALAMO ELEMENTARY SCHOOL Election Officers: Bill G. Rogers Presiding Judge C. C. Laughlin Alternate Presiding Judge Maximum number of clerks: 2 ----------------------------------------------------------- ELECTION PRECINCT 2: Boundaries same as County Election Precinct 13. Polling Place: DAVID G. BURNET ELEMENTARY SCHOOL U 90703 -6 Election Officers: Al Rieck Presiding Judge Mrs. Blanche Rieck Alternate Presiding Judge Maximum number of clerks: 2 ------------------------------------------------------------- ELECTION PRECINCT 3: Boundaries same as County Election Precinct 28. Polling Place: PUMPHREY ELEMENTARY SCHOOL Election Officers: J. F. McChesney, Jr. Presiding Judge John L. Priddy Alternate Presiding Judge Maximum number of clerks: 2 -------------------------------------------------------------- ELECTION PRECINCT 4: Boundaries same as County Election Precinct 99. Polling Place: DUTCH HOLLAND OLDSMOBILE Election Officers: Jack G. Hester Presiding Judge 011ie Tate Alternate Presiding Judge Maximum number of clerks: 2 -------------------------------------------------------------- ELECTION PRECINCT 5: Boundaries same as County Election Precinct 100. Polling Place: ASHBEL SMITH ELEMENTARY SCHOOL Election officers! W. 0. Tidmon *Presiding Judge Mrs. W. 0. Tidmon Alternate Presiding Judge Maximum number of clerks: 2 -------------------------------------------------------------- ELECTION PRECINCT 6: Boundaries same as County Election Precinct 101. Polling Place: HORACE MANN JUNIOR HIGH SCHOOL Election Officers: Mrs. S. V. Robberson Presiding Judge Mrs. Pansy Dabney Alternate Presiding Judge Maximum number of clerks: 2 -------------------------------------------------------------- ELECTION PRECINCT 7: Boundaries same as County Election Precinct 102. Polling Place: BAYTOWN JUNIOR HIGH SCHOOL -2- 90703 -7 Election Officers: A. Contreras Presiding Judge Mrs. J. W. Sprayberry Alternate Presiding Judge . Maximum number of clerks: 2 -------------------------------------------------------------- ELECTION PRECINCT 8: Boundaries same as County Election Precinct 149. Polling Place: SAN JACINTO ELEMENTARY SCHOOL Election Officers: Mrs. Marjie Kloesel Presiding Judge Mrs. Fred Marti Alternate Presiding Judge Maximum number of clerks: 2 -------------------------------------------------------------- ELECTION PRECINCT 9: Boundaries same as County Election Precinct 165. Polling Place: WILLIAM B. TRAVIS ELEMENTARY SCHOOL Election Officers: J. Rodger Read Presiding Judge Troy E. Peterson Alternate Presiding Judge Maximum number of clerks: 2 -------------------------------------------------------------- ELECTION PRECINCT.10: Boundaries same as County Election Precinct 248. Pol_ ling Place: CARVER -JONES ELEMENTARY SCHOOL Election Officers: Mrs. Woodrow W. Lewis Presiding Judge Mrs. Johanna Wilson Alternate Presiding Judge Maximum number of-clerks: 2 -------------------------------------------------------------- ELECTION PRECINCT 11: Boundaries same as County Election Precinct 249. Polling Place: JAMES BOWIE ELEMENTARY SCHOOL Election Officers: Wayne McClurg Presiding Judge Mrs. Wayne McClurg Alternate Presiding Judge Maximum number of clerks: 2 -------------------------------------------------------------- ELECTION PRECINCT 12: Boundaries same as County Election Precinct 386. Polling Place: STEPHEN F. AUSTIN ELEMENTARY SCHOOL -3- 90703 -8 Election Officers: Dickson Hamiter Presiding Judge Mrs. Henry M. Hunt Alternate Presiding Judge Maximum number of clerks: 2 -------------------------------------------------------------- ELECTION PRECINCT 13: Boundaries same as County Election Precinct 414. Polling Place: CEDAR BAYOU JUNIOR HIGH SCHOOL Election Officers: Charles M. Albright Presiding Judge Mrs. Charles Albright Alternate Presiding Judge Maximum number of clerks: 2 -------------------------------------------------------------- ELECTION PRECINCT 14: Boundaries same as County Election Precinct 456. Polling Place: HARRIS COUNTY COURTHOUSE ANNEX Election Officers: Joy A. Ralls Presiding Judge Sandra Northcutt Alternate Presiding Judge Maximum number of clerks: 2 Allen Cannon is hereby designated as the member of the City Council to canvass the voting machine used in absentee voting, together with the Mayor and City Clerk as provided for in Article 7.14, Section 7, of the Election Code, V.A.T.C.S., as amended. Each presiding judge shall appoint not less than two or more than the maximum number of election clerks specified above to serve at the polling place under his jurisdiction. Eileen P. Hall is hereby appointed as the clerk for absentee voting, and the: Office of the City Clerk City Hall Baytown, Texas 77520 is hereby designated as the place for absentee voting for said election. Said clerk shall keep said office open for at least eight (8) hours, that is, from 8:00 a.m. to 5:00 p.m., on each day for absentee voting which is not a Saturday, a Sunday, or -4- 90703 -9 an official State holiday; provided, however, except as autho- rized by Article 5.05, Subdivisions 3d and 3e, Texas Election Code, said clerk shall not permit anyone to vote absentee by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall she permit anyone to vote absentee by personal appearance at any time when such office is not open.to the public. By approving.and signing this ordinance the Mayor of the City officially confirms his appointment of the aforesaid elec- tion officers to serve at the election; and by adopting this ordinance the City Council approves and concurs in the appoint- ment of the aforesaid election officers. Section 2. At said election the following PROPOSITIONS shall be submitted in accordance with law: , PROPOSITION 1 SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS (THE "CITY "), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,550,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPEC- TIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM �. THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED.BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY COUNCIL, FOR THE PURPOSE OF PLANNING AND ACQUIRING, ESTABLISHING, DEVELOPING, CONSTRUCTING, ENLARGING, IMPROVING, OR EQUIPPING, AN AIRPORT OR AIR NAVIGATION FACILITY, OR THE SITE THEREFOR, INCLUDING BUILDINGS AND OTHER FACILITIES INCIDENTAL TO THE OPERATION THEREOF, AND THE ACQUISITION OR ELIMINATION OF AIRPORT HAZARDS, AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? PROPOSITION 2 SHALL THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS (THE "CITY "), BE AUTHORIZED TO ISSUE THE BONDS OF THE CITY, IN ONE OR MORE SERIES OR ISSUES, IN THE AGGREGATE PRINCIPAL AMOUNT OF $7,600,000 WITH THE BONDS OF EACH SERIES OR ISSUE, RESPEC- TIVELY, TO MATURE SERIALLY WITHIN NOT TO EXCEED 40 YEARS FROM THEIR DATE, AT ANY PRICE OR PRICES AND BEARING INTEREST AT ANY RATE OR RATES NOT TO EXCEED THE MAXIMUM INTEREST RATE NOW OR HEREAFTER AUTHORIZED BY LAW AS SHALL BE DETERMINED WITHIN THE DISCRETION OF THE CITY.COUNCIL, FOR THE PURPOSE OF ACQUIRING LAND FOR PARK PURPOSES, SAID LAND TO BE ACQUIRED FROM THE UNITED STATES OF AMERICA PURSUANT TO THE "CORPS OF ENGINEERS OF THE UNITED STATES BAYTOWN, TEXAS, PROJECT ", AND TO LEVY AN ANNUAL TAX ON ALL TAXABLE PROPERTY WITHIN THE CITY SUFFICIENT TO PAY THE INTEREST ON SAID BONDS AS IT ACCRUES AND TO CREATE -5- 90703 -10 AND PROVIDE A SINKING FUND TO PAY THE PRINCIPAL OF SAID BONDS AS IT MATURES? Section 3. Voting machines shall be used for said elec- tion, except that paper ballots shall be used for absentee voting by mail, and the official ballots for the election shall be prepared in accordance with the Texas Election Code so as to permit the electors to vote "FOR" or "AGAINST" the aforesaid PROPOSITIONS, which shall be set forth on all offi- cial ballots in substantially the following form: OFFICIAL BALLOT Each elector using voting machines and desiring to vote in favor of a proposition shall move the voting pointer so as to indicate "FOR" the proposition, and each elector desiring to vote against a proposition shall move the voting pointer so as to indicate "AGAINST" the proposition. Each absentee elec- tor using a paper ballot shall vote on each proposition by placing-an "X" or other clear mark in the square beside the statement indicating the way such elector wishes to vote on the proposition. Section 4. Notice of such election shall be given by posting a substantial copy of this ordinance in a public place within each election precinct of the City and also at the City Hall not less than fifteen days prior to the date set for the election, and by publication thereof on the same day in each 6f'"two'successive' weeks in'a newspaper of general -6- B PROPOSITION 1 [ ] FOR } THE ISSUANCE OF $1,550,000 [ ] AGAINST ) - - -- AIRPORT BONDS • PROPOSITION 2 THE ISSUANCE OF $7,600,000 PARK BONDS (PARK LAND TO [ ] FOR } BE ACQUIRED FROM THE UNITED ) - - -- STATES OF AMERICA PURSUANT [ ] AGAINST ) TO THE. "CORPS OF ENGINEERS OF THE U. S. BAYTOWN, TEXAS PROJECT ") Each elector using voting machines and desiring to vote in favor of a proposition shall move the voting pointer so as to indicate "FOR" the proposition, and each elector desiring to vote against a proposition shall move the voting pointer so as to indicate "AGAINST" the proposition. Each absentee elec- tor using a paper ballot shall vote on each proposition by placing-an "X" or other clear mark in the square beside the statement indicating the way such elector wishes to vote on the proposition. Section 4. Notice of such election shall be given by posting a substantial copy of this ordinance in a public place within each election precinct of the City and also at the City Hall not less than fifteen days prior to the date set for the election, and by publication thereof on the same day in each 6f'"two'successive' weeks in'a newspaper of general -6- B 90703 -11 circulation in the City, the date of the first publication to be not less than fourteen days prior to the date set for the election. Section 5. It is hereby officially found and determined that the probable period of usefulness of each of the projects described in the foregoing PROPOSITIONS is forty years. l` Section 6. All or any portion of the bonds described in the aforesaid PROPOSITIONS 1 and 2, the issuance of which is approved at the election, may be combined and issued as one or more issues or series of bonds. Section 7. The issuance of the bonds described in the aforesaid PROPOSITIONS 1 and 2 is hereby authorized subject to approval at the election as hereinabove set out; and, subject to said approval,at the election and during each year while any of the bonds described in the aforesaid PROPOSITIONS 1 and 2 are outstanding and unpaid, the City Council 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 prin- cipal of such bonds as such principal matures but never less than 2% of the original principal amount of said 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 said bonds or interest coupons appertaining thereto are outstanding and unpaid; and said tax shall be assessed and collected each such year. Said ad valorem-tax sufficient to provide for the payment of the interest on and principal of'said bonds, as such interest comes due and such principal matures, is hereby pledged irrevocably for such payment within the limits prescribed by law. -7- 90703 -12 Section B. Said election shall be held in accordance with the Texas Election Code, except as modified by the Federal Voting Rights Act of 1965,*as amended. - Section 9. This ordinance was read once by the City Council and shall take effect immediately. Section 10. It is hereby officially found and determined that the need of the City for such financing creates an emer- gency 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 ordi- nance; and the NOTICE OF MEETING relating to said meeting and heretofore posted by the City Clerk, and the posting thereof, are hereby authorized, approved, adopted, and ratified. PASSED AND APPROVED this 3rd day of July, 1979. ATTEST: ayor CITY OF BAYTOWN, TEXAS d-11" ty Clerk CITY OF BAYTOWN, TEXAS (SEAL). , .,APP OVED Attorney CITY OF BAYTOWN, TEXAS U3 -8- 90703 -13 Minutes of the Special Meeting - July 3, 1979 With reference to the above ordinance, Councilwoman Wilbanks moved for the adoption of the ordinance as presented with the corrections noted by the City Attorney; Councilman Philips seconded the motion. Prior to this motion, Councilman Cannon had moved that the propositions be reversed, that is that the issuance of $7,600,000 Park Bonds be Proposition No. 1, but this motion died for lack of second. The vote on the motion is shown above. There being no further business to be transacted, the meeting was adjourned. . Z'i� z Eileen P. Hall,- City Clerk C�'