1979 08 01 CC Minutes, Special90801 -1
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
August 1, 1979
The City Council of the City of Baytown, Texas, met in
special session Wednesday, August 1, 1979, at 6:30 p.m. in the
Council Chamber of the Baytown City Hall. The following members
were in attendance:
Fred T. Philips
Jimmy Johnson
Ted Kloesel
Mary E. Wilbanks
Eileen Caffey
Allen Cannon
Emmett O. Hutto
Fritz Lanham
Dan Savage
Scott Bounds
Eileen P. Hall
Councilman
Councilman
Councilman
Councilwoman
Councilwoman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Mayor Hutto called the meeting to order and the invocation
was offered by Councilman Jimmy Johnson.
Minutes
Councilman Kloesel moved for approval of the minutes of the
regular meeting of July 12, 1979; Councilman Johnson seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
Receive Petitions
The Administration had received a petition from residents of
the DeZavala area. The petition which was sponsored by the
DeZavala Neighborhood Council requested that the City of Baytown
Community Development Director reconsider the decision not to
fund the renovation of the DeZavala School for a community center.
The DeZavala School, 3010 Oakwood, is within the Community Devel-
opment Impact area, and the petitioners feel this is a worthwhile
project and deserves approval for funding. fir. Lanham explained
that this was considered by the Community Development Advisory
Committee and he suggested that this petition be referred to
them. Attached to the petition was a resolution from the DeZavala
Neighborhood Council to the Department of Housing and Urban
Development regarding the hearing process, and the Administration
has responded to that.
Councilman Kloesel moved that the petition be accepted and
forwarded to the Community Development Advisory Committee; Coun-
cilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
90801 -2
Minutes of the Special Meeting - August 1, 1979
Roy L. Cutbirth Appeared
Roy L. Cutbirth, a resident of the Lynchburg area, appeared
to present a petition requesting that the area known as Lynch-
burg, over which Baytown has extra - territorial jurisdiction, not
be released from its current status. The residents do not wish
to incorporate at this time, nor do they wish to be annexed. One
hundred eighty -six (186) people out of approximately two hundred
ten (210) families expressed their feelings in this regard by
signing the petition.
Councilman Johnson moved that the Council accept this
petition; Councilman Kloesel seconded the motion.
Mr. Lanham reported that Frank Butcher, the individual that
represented the Lynchburg Civic Association at the June 28th
meeting, had been in contact with him and withdrew their request
to the Council for permission to incorporate. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
Consider, and If Deemed Advisable by the City Council of
the City of Baytown, Adopt Proposed Ordinance No.
90801 -1, Approving a Resolution of the Baytown Area
Water Authority Water Supply Contract Revenue Bonds
(City of Baytown, Texas Project) Series 1979, and
Accept Terms and Conditions of Said Resolution
The Baytown Area Water Authority met at 5:00 p.m. and
received bids for $2,500,000. These funds, plus funds remaining
from a previous bond sale should be sufficient to finance the
construction of the transmission lines that the Council will be
considering a little later in the meeting. A copy of the bid
tabulation had been placed at the Council table.
Tom Masterson, the City's Fiscal Advisor, commented that the
Baytown Area Water Authority Board received three bids for the
sale of $2,500,000 in Water Supply Contract Revenue Bonds. The
bid tabulation follows:
Kidder Peabody & Company
Dean Witter
Interest Rate:
Premium:
Net Interest Cost:
Effective Interest Rate:
E. F. Hutton & Company
First Boston
Interest Rate:
Premium:
Net Interest Cost:
Effective Interest Rate:
6 -3/8%
$ 5,125.00
$3,527,687.50
6.3657%
6 -3/8%,
$ 2,500.00
$3,530,312.50
6.370488%
Underwood, Neuhaus & Company
First Southwest Company
Rotan Mosle, Inc.
Rowles Winston Division, Cowen & Co.
Shearson, Hayden, Stone, Inc.
Interest Rate: 6- 3/8}0
Premium: $ 2,800.00
Net Interest Cost: $3,530,012.50
Effective Interest Rate: 6.36994%
af&rlyw,
Minutes of the Special Meeting - August 1, 1979
Mr. Masterson explained that the best bid was the bid of Kidder
Peabody and Company and Dean Witter with the interest rate of
6.3657% and recommended acceptance of that bid.
Mr. Lanham explained that the interest rate on the $2,000,000
plus bonds that were sold several months ago was 5.77% interest
rate. Mr. Masterson explained the reason for higher interest
rates is that these bids are due in the year 2002 and this is the
primary reason for the higher rate of interest. Mr. Lanham
explained that the BAWA Board has recommended approval of the
ordinance and the Administration concurred with that recommendation.
90801 -4
Minutes of the Special Meeting - August 1, 1979
CERTIFICATE FOR
ORDINANCE APPROVING A RESOLUTION OF THE BAYTOWN AREA
WATER AUTHORITY WHICH AUTHORIZES THE ISSUANCE
OF "BAYTOWN AREA WATER AUTHORITY j:ATER SUPPLY CONTRACT
REVENUE BONDS (CITY OF BAYTOE-N, TEXAS PROJECT) SERIES
1979 "; ACCEPTING THE TERMS AND CONDITIONS OF SUCH
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE
THE STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS §
CITY OF BAYTOWN §
I the undersigned City Clerk of the City of Baytown,
Texas (the "City "), hereby certify as follows:
1. The City Council of the City convened in
special session on 811179 , at the City Hall of the
City of Baytown, Texas, And oll was called of the duly
constituted officers and members of such City Council, to-
wit:
Emmett 0. Hutto, Mayor
Fred Phillips, Councilman
Ted Kloesel, Councilman
Eileen Caffey, Councilwoman
Mary E. RTilbanks, Councilwoman
Jimmy Johnson, Councilman
Allen Cannon, Councilman
Eileen P. Hall, City Clerk
and all of such persons were present, except the following
absentees: ____ thus.constituting a
quorum.
Whereupon, among other business the following was transacted
at such meeting:
ORDINANCE APPROVING A RESOLUTION OF THE BAYTOWN AREA
WATER AUTHORITY WHICH AUTHORIZES THE ISSUANCE
OF "BAYTOW1iT AREA WATER AUTHORITY WATER SUPPLY CONTRACT
REVENUE BONDS (CITY OF BAYTOTti7N, TEXAS PROJECT) SERIES
1979 "; ACCEPTING THE TERMS AND CONDITIONS OF SUCH
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE
was duly introduced for the consideration of such City
Council and read in full. It was then duly moved and
seconded that such Ordinance be passed; and, after due
discussion such motion, carrying with it the passage of such
Ordinance, prevailed and carried by the following vote:
Ayes: 7 Nays: 0, _ Abstained: 0
2. A true, full, and correct copy of the aforesaid
Ordinance passed at the meeting described in the above and
foregoing paragraph is attached to and follows this certificate;
such Ordinance has been duly recorded in such City Council's
minutes of such meeting; the above and foregoing paragraph
is a true, full, and correct excerpt from such City Council's
minutes of such meeting pertaining to the passage of such
Ordinance the persons named in the above paragraph are the
duly chosen, qualified, and acting officers and members of
such City Council as indicated therein; each of the officers
and? members of such City Council was duly and sufficiently
notified officially and personally, in advance, of the time,
place, and purpose of the aforesaid meeting, and that such
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 for such purposes;
and such meeting was given, all,as required by Article 6252-
17, Vernon's Texas Civil Statutes, as amended.
3. The Mayor of the City has approved the aforesaid
Ordinance and the Mayor and the City Clerk of the City have
duly signed such Ordinance.
��,� �•1 �•�'' SIGNED AND SEALED
Au ust 1 I 79
City 'Clerk
City of Baytowni Texas
90801 -5
Minutes of the Special Meeting - August 1, 1979
ORDINANCE NO. 2698
AN ORDINANCE APPROVING A RESOLUTION OF THE BAYTOWfi AREA
WATER AUTHORITY WHICH AUTHORIZES THE ISSUANCE OF
"BAYTOWN AREA WATER AUTHORITY WATER SUPPLY CONTRACT
REVENUE BONDS (CITY OF BAYTOWN, TEXAS PROJECT) SERIES
1979 "; ACCEPTING THE TERMS AND CONDITIONS OF SUCH
RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City Council (the "Council ") of the
City of Baytown (the "City ") has entered into a [dater Supply
Contract -- Treated Water, dated January 31, 1977 (the "Con-
tract") , with the Baytown Area Water Authority (the "Authority ") ;
and
WHEREAS, pursuant to Chapter 600, Acts of the 63rd
Legislature of the State of Texas, Regular Session, 1973
(the "Authority Act "), and the Contract, the Authority now
proposes to issue its bonds styled "Baytown Area Water
Authority Water Supply Contract Revenue Bonds (City of
Baytown, Texas Project) Series 1979" (the "Bonds "); and
WHEREAS,.the Authority Act-and the Contract re-
quire that the Council must approve the Bonds and a substan-
tial draft of the resolution authorizing issuance-of the .
Bonds (the "Bond Resolution ") prior to issuance of the Bonds
and adoption of the Bond Resolution.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL-
OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That a substantial draft of the Bond
Resolution has been submitted to the Council; a copy of
which is attached hereto as Exhibit "A" and made a part
hereof. The Bond Resolution,. including the terms and
conditions thereof, is hereby approved, and the Bonds are
hereby approved and authorized to be issued pursuant to the
Bond Resolution.
Section 2. That this Ordinance shall take effect
from and after its passage by the Council.
. INTRODUCED, READ, AND PASSED by the affirmative
vote of the Council this 1st day of August. 1979.
Ehmfe-tt 0. H tto, t ayor -
'• • ST `<
•11• 00 --[J rr /
Eileen P. Hall, City Clerk
APPROVED: ,
Scott Bounds, City Attorney
• 1 : � i
Minutes of the Special ?Meeting - August 1, 1979
RESOLUTION AUTHORIZING ISSUANCE OF
BAYTOWN AREA WATER AUTHORITY
WATER SUPPLY CONTRACT REVENUE BONDS
(CITY OF BAYTOWN, TEXAS PROJECT) , SERIES 1979
THE STATE OF TEXAS §
COUNTIES OF HARRIS AND CHAMBERS §
BAYTOWN AREA WATER AUTHORITY �
WHEREAS, the Baytown Area Water Authority (herein-
after called the "Authority ") was organized, created, and
established pursuant to Chapter 600, Acts of the 63rd Legis-
lature of the State of Texas, Regular Session, 1973 (herein-
after called the "Authority Act ");
WHEREAS, the Authority has the right, power, and
authority to enter into contracts of not exceeding 40 years
duration with persons, corporations (public or private),
municipal corporations, including the City of Baytown (here-
inafter called "Baytown "), political subdivisions of the
State of Texas, and-others, on such terms and conditions as
the Board'of Directors of the Authority (hereinafter called
the "Board ") may deem desirable, fair, and advantageous for
the performance of its rights, powers, and authorities under
the Authority Act, including the right, power, and authority
to acquire surface and /or underground water supplies from
sources both within and without the boundaries of the Au-
thority and to conserve, store, transport, treat, purify,
distribute, sell, and deliver water, both surface and under-
ground, to such persons and other parties within the boundaries
of the Authority;
WHEREAS, the Authority has entered into a "Whole-
sale Water Supply Contract - Untreated Water," dated as of
November 1, 1976, with the City of Houston (hereinafter
called "Houston "), for the purchase of quantities of un-
treated surface water from Houston (hereinafter called the
"Houston Contract ");
WHEREAS, the Authority has also entered into a
"Water Supply Contract - Treated Water," dated January 31,
1977, with Baytown for the sale and delivery of treated water
to Baytown (hereinafter called the "Baytown Contract "), which
was approved at an election within Baytown on January 15,
1977;
WHEREAS, on April 21, 1977, the City Council of
Baytown, by its Ordinance No. 2211, approved a Resolution
Authorizing Issuance of Baytown Area (rater Authority Water
Supply Contract Revenue Bonds (City of Baytown, Texas Pro-
ject) Series 1977 (hereinafter called the "1977 Bond Resolu-
tion"), and on September 14, 1978, the City Council by its
Ordinance No. 2531, approved a Resolution Authorizing Issuance
of Baytown Area Water Authority Water Supply Contract Revenue
Bonds (City of Baytown, Texas Project), Series 1978 (herein-
after called the "1978 Bond Resolution ");
WHEREAS, in accordance with the Baytown Contract,
the Authority has duly authorized, sold, and delivered that
issue of "Baytown Area .Water Authority (later Supply Contract
Revenue Bonds (City of Baytown, Texas Project), Series 1977 ",
dated May 1, 1977, in the aggregate principal amount of
$1,250,000 (hereinafter called the "Series 1977 Bonds ")
pursuant to the 1977 Bond Resolution adopted by the Board
on April 21, 1977, and that issue of "Baytown Area [pater Au-
thority Water Supply Contract Revenue Bonds (City of Baytown,
]EXHIBIT A
90801 -7
Minutes of the Special Meeting - August 1, 1979
Texas Project) Series 1978 ", dated September 14, 1978, in the
aggregate principal amount of $11,850,000 (hereinafter called
the "Series 1978 Bonds ") pursuant to the 1978 Bond Resolution
adopted by the Board on September 14, 1978; for the purpose
of acquiring funds to make, purchase, construct, lease, or
otherwise acquire certain water supply, treatment, and distri-
bution facilities defined as the "Project" in the Baytown
Contract (hereinafter sometimes called the "Project "), and
the Series 1977 Bonds and Series 1978 Bonds are the only
bonds ever issued by the Authority;
WHEREAS, pursuant to law and the 1977 Bond Resolution
and the 1978 Bond Resolution, the Authority is authorized to
issue, upon the request of Baytown, additional parity bonds.
in such amounts as are required for the purpose of acquiring
funds to (i) complete making, purchasing, constructing,
leasing, or acquiring the Project; (ii) enlarge, expand, or
modify the Project; (iii) reconstruct the Project; or (iv)
refund any bonds, which additional bonds, when issued and
delivered, shall be payable from and secured by a,first lien
on and pledge of the Pledged Revenues (hereinafter defined)
(which shall include additional payments sufficient to enable
the Authority to comply with all terms and conditions of the
1977 Bond Resolution and the 1978 Bond Resolution with respect
to the issuance of such additional bonds), in the same manner
and to the same extent as any previously outstanding Series
1977 Bonds and outstanding Series 1978 Bonds; and all of the
Series 1977 Bonds and Series 1978 Bonds and any such additional
bonds shall in all respects be on a parity and of equal
dignity;
WHEREAS, Sections 13(b) of the 1977 Bond Resolution
and the 1978 Bond Resolution provide that no such installment
or series of additional bonds shall be issued unless:
(i) A certificate is executed by the President and
Secretary of the Board to the effect that.no default exists
in connection with any covenants or requirements of any
outstanding Series 1977 Bonds or outstanding Series 1978
Bonds, and that -the Debt Service Fund contains the amount
then required to be on deposit therein;
(ii) Baytown is not in default with respect to any
series of bonds or other debt issued by it; and
(iii) The principal of and interest on any such
installment or series of Additional Bonds are payable on the
same semiannual interest dates and annual principal dates as
the Outstanding Bonds,
and such requirements can be met;
WHEREAS, it is necessary to issue additional bonds
at this time to complete the making, purchasing, constructing,
leasing, or acquiring of the Project;
WHEREAS, on , the City Council of
Baytown, by its Ordinance No.. , approved the issuance
of the -bonds authorized to be issued hereby (hereinafter de-
fined as the "Series 1979 Bonds ") and the terms and conditions
of this Resolution (hereinafter called the "Resolution ");
WHEREAS, this preamble shall constitute an integral
part of this Resolution;•and
WHEREAS, the Board, having taken all action neces-
sary to be done prior to the issuance of the Series 1974
Bonds, now deems it necessary and advisable to do so.
90801 -8
Minutes of the Special Meeting - August 1, 1979
IT IS, THEREFORE, RESOLVED BY THE BOARD OF DIREC-
TORS OF THE BAYTOWN AREA WATER AUTHORITY THAT:
Section 1. Designation, Amount, and Purpose of the
Bonds. The Authority's negotiable bonds are hereby authorized
to be issued in the aggregate principal amount of Two Million
Five Hundred Thousand Dollars ($2,500,000) to be called
"Baytown Area Water Authority Water Supply Contract Revenue
Bonds (City of Baytown, Texas Project), Series 1979" (herein-
after called the "Series 1979 Bonds ") for the purpose of
acquiring funds to complete making, purchasing, constructing,
leasing, or otherwise acquiring certain water supply, treatment,
and distribution facilities defined as the "Project" in the
Baytown Contract.
Section 2. Date, Denomination, Numbers, and
Maturities of the Series 1979 Bonds. The Series 1979 Bonds
shall be dated September 1, 1979, shall be in the denomination
of $5,000 each, shall be numbered consecutively from 1 to
500, both inclusive, and shall mature on May 1, 2002, unless
they shall be redeemed prior to their scheduled maturity as
provided in this Resolution.
Section 3. Interest on the Series 1979 Bonds. The
Series 1979 Bonds shall bear interest from the date thereof
to their scheduled maturities or redemption at the rate of
interest of $ per annum, payable on May 1, 1980, and
semiannually thereafter on November 1 and May 1 of each year
while the Series 1979 Bonds are outstanding: Such interest
shall be evidenced by interest coupons which shall initially
appertain to the Series 1979 Bonds and shall be payable in
the manner provided in the FORM OF THE SERIES 1979 BOND set
forth in Section 5 hereof.
Section 4. General Characteristics and Execution
of the Series 1979 Bonds. The Series 1979 Bonds and the
interest coupons appertaining thereto shall be issued, shall
be payable, may or shall be redeemed prior to their scheduled
maturities, shall have the characteristics, and shall be
signed, executed (and the Series 1979 Bonds shall be sealed),
all as provided and in the manner indicated in the FORM OF
THE SERIES 1979 BOND set forth in Section 5 hereof. In case
any officer of the Authority whose facsimile signature shall
appear on the Series 1979 Bonds or coupons shall cease to be
such officer, such facsimile signature shall nevertheless be
as valid and sufficient for all purposes as if such officer
had remained in office until delivery of such Series 1979
Bonds.
Section 5. Form of the Series 1979 Bonds. The
Form of the Series 1979 Bonds, including the Form of the
Registration Certificate of the Comptroller of Public Accounts
of the State of Texas to be printed and endorsed on each of
the Series 1979 Bonds and the Form of the Interest Coupons
which shall 'appertain and be initially attached to each of
the Series 1979 Bonds shall be, respectively, substantially
as follows, with necessary and appropriate variations, omissions,
and insertions as permitted or required by this Resolution:
NO.
FORM OF THE SERIES 1979 BOND:
United States of America
State of Texas
BAYTO11N AREA WATER AUTHORITY
WATER SUPPLY CONTRACT REVENUE BOND
(CITY OF BAYTOWN, TEXAS PROJECT),
SERIES 1979
3
$5,000
90801 -9
?Minutes of the Special Meeting - August 1, 1979
ON May 1, , the BAYTOWN AREA WATER AUTHORITY
(the "Authority "), for value received, hereby promises to pay
to the bearer hereof the principal amount of
FIVE THOUSAND DOLLARS
and to pay interest thereon, from the date hereof to maturity
or redemption, at the rate of % per annum,- evidenced by
interest coupons payable on May 1, 1980, and semiannually
thereafter on November 1 and May 1 of each year while this
Bond is outstanding; provided, however, that such principal
and interest are payable solely from the sources and in the
manner herein provided, and from.no other source.
THE PRINCIPAL of this Bond and the interest coupons
appertaining hereto shall be payable to the bearer, in
lawful money of the United States of America, without ex-
change or collection charges to the bearer, upon presentation
and surrender of this Bond or proper interest coupon, as the
case may be, at the following, which shall be the Paying
Agent (the "Paying Agent ") for this series of Bonds: --
CITIZENS BANK & TRUST CO. OF BAYTOWN
Baytown, Texas
The Authority may at any time or from time to time, with the
approval of the City of Baytown, Texas ( "Baytown "), appoint
one or more other Paying Agents for the Bonds (hereinafter
defined) in the manner and subject to the conditions set
forth in the Resolution (hereinafter defined).
THIS BOND is one of a series of bonds dated as of
September 1, 1979 (the "Bonds "), authorized and issued in the
aggregate principal amount of $2,5001000 for the purpose of
acquiring funds to complete making, purchasing, constructing,
leasing, or otherwise acquiring certain water supply, treatment,
and distribution facilities defined as the "Project" in the
Hater Supply Contract - Treated Water, dated January 31, 1977
(the "Contract "), between the Authority and Baytown and
approved at an election within Baytown on January 15, 1977.
THE BONDS are additional parity revenue bonds as
defined and permitted in the resolution adopted by the Board
of Director's of the Authority on April 21, 1977, (the "1977
Bond Resolution ") authorizing issuance of that issue of
"Baytown Area Water Authority t -later Supply Contract Revenue
Bonds (City of Baytown, Texas Project), Series 1977, dated
April 11 1977, in the original principal' amount of $1,250,000
(the "Series 1977 Bonds ") and in the resolution adopted by
the Board of Directors of the Authority on September 14, 1978,
(the "1978 Bond Resolution ") authorizing issuance of that
issue of "Baytown Area Water Authority Water Supply Contract
Revenue Bonds (City of Baytown, Texas Project), Series 1978 ",
dated September 1, 1978, in the principal amount of $11,850,000
(the "Series 1978 Bonds "),
IN THE CONTRACT and pursuant to Ordinance No.
of the City Council of Baytown, in which
Baytown approved the issuance of the Bonds and the terms'and
conditions of the resolution of the board of directors of the
Authority (the "Board "),-dated , authorizing
the issuance of the Bonds (the "Resolution"), Baytown has
agreed and is unconditionally obligated to make payments of
Pledged Revenues into the "Baytown Area Water Authority Water
Supply Contract Revenue Bonds (City of Baytown, Texas Project)
Series 1979 - Debt Service Fund" (the "Debt Service Fund ")
kept by the Paying Agent, all as defined in the Resolution,
in addition to and on a parity with payments to be made with
4.
90801 -10
Minutes of the Special Meeting - August 1, 1979
respect to the Series 1977 Bonds and the Series 1978 Bonds.
The principal of and interest on this Bond, and other bonds
of the series of which it is a part (equally, ratably, and in
all manner on a parity with the Series 1977 Bonds and Series
1978 Bonds), are payable solely from, and secured by a first
lien on and pledge of, the payments of Pledged Revenues or,
in certain instances as described in the Resolution, from
amounts attributable to the proceeds of the Bonds, as herein-
after described. Pursuant to the Contract, Pledged Revenues
include the payments for treated water to be made by Baytown
to the Paying Agent for deposit into the Debt Service Fund
and pledged in the Resolution for payment of the principal
of and interest on the Bonds issued pursuant to the terms of
the Contract, the source of which shall include any and all
available sources that Baytown may pledge toward such payments,
including gross revenues of its waterworks and sanitary sewer
system.
THE HOLDER HEREOF shall never have the right to
demand payment of this obligation from moneys derived or to
be derived by taxation or any other revenues of the Authority
other than the Pledged Revenues as described in this Bond or,
in certain instances as described in the Resolution, from
amounts attributable to proceeds of the Bonds. Except for
the lien on and the assignment and pledge of the Pledged
Revenues,'neither the Project nor any other property of
Baytown or of the Authority is encumbered by any lien for the
benefit of the holder of this Bond. The Bonds of this series
are special obligations payable as aforesaid and shall not be
considered as general obligations of the governing body of
the Authority, the Authority, the State of Texas, or any
municipalities or subdivisions thereof. No entity other than
the Authority is obligated, directly, indirectly, or contingently;
to pay the Bonds of this series from any other source whatsoever.
ON MAY 11 2001s $1,250,000 of the outstanding Bonds
of this series are subject to mandatory redemption prior to
their scheduled maturies, the particular Bonds to be redeemed
to be selected by lot or any other customary manner by the Paying
Agent, for a price equal to the principal amount thereof plus
unpaid accrued interest to the redemption date, but without
premiums.
ON NOVE14BER 1, 1994, or on any interest payment
date thereafter, any outstanding Bonds of this series may be
redeemed prior to their scheduled maturities, in whole or in
part, as instructed by Baytown, upon written notice of the
exercise of the option to redeem delivered by Baytown to the
Authority and the Paying Agent, for a price equal to the
principal amount of the Bonds to be redeemed plus unpaid
accrued interest to the date fixed for redemption.
THE PAYING AGENT shall cause a written notice of
any redemption to be published at least once during each week
for-at least two consecutive weeks, each publication to be
made in a newspaper of general circulation in Houston, Texas,
with the first of such publications being at least 30 days
prior to the date fixed for redemption. if, because of
temporary or permanent suspension of the publication or
general circulation of any such newspapers, it is impossible
or impracticable to publish such notice in the manner provided
herein, then such publication in lieu thereof as shall be
made with the approval of the Paying Agent shall constitute a
sufficient publication.of a notice. By the date fixed for
any such redemption, due provision shall be made with the
Paying Agent for the payment of the principal amount of the
Bonds which are to be redeemed, plus accrued interest thereon
to the date fixed for redemption. If such written notice of
redemption is published, the Bonds called for redemption
5.
90801 -11
Minutes of the Special Meeting - August 1, 1979
shall become due and payable on the date fixed for redemption,
and, if due provision for such payment is made, all as pro-
vided above, the Bonds which are to be redeemed thereby shall
automatically be deemed to have been redeemed prior to their
scheduled maturities; shall not bear interest after the date
fixed for redemption; and shall not be regarded as being
outstanding except for the right of the bearer to receive the
funds provided for such payment. Upon presentation and
surrender of such Bonds to the Paying Agent, together with
all coupons appertaining thereto maturing after such re-
demption date, such Bonds shall be paid.
IF THE DATE for the payment of the principal of or
interest on this Bond shall be a Saturday, a Sunday, a legal
holiday, or a day on which banking institutions in the city,
where the bank of the Paying Agent is located are authorized
by law or executive -order to close and on which the bank of
the Paying Agent is closed, then the date for such payment
shall be the next succeeding day which is not such a day;
payment on such date shall have the same force and effect as
if made on the original date of payment; and no interest
shall accrue from the original date of payment to such date.
THIS BOND shall be exchangeable or transferable by
delivery.' The principal of this Bond shall be payable upon
presentation and surrender of this Bond to the Paying Agent.
The bearer of this Bond and the bearer of any coupon hereunto
appertaining may be deemed and regarded by the Paying Agent
as the absolute owner for all purposes, including payment and
discharge of liability upon such Bond or coupon to the extent
of such payment, and the Paying Agent shall not be affected
by notice to the contrary. This Bond and the interest
coupons appertaining hereto shall at all times be negotiable
instruments within the meaning of the Texas Uniform Commercial
Code,'as amended.
IT IS HEREBY certified and convenanted that this
Bond has been duly and validly authorized, issued, and de-
livered; that all acts, conditions, and things required or
proper to'be performed, exist, and be done precedent to or in
the authorization, issuance, and delivery of this Bond have
been performed, exist, and have been done in accordance with
law; and that this Bond is a special revenue obligation of
the Authority, with the principal and interest on this Bond
being payable solely from, and secured by a first lien on
and pledge of, the payments of Pledged Revenues to be made by
Baytown or, in certain instances as described in the Resolution,
from amounts attributable to the proceeds of the Bonds.
THE AUTHORITY has reserved the right, subject to
the restrictions stated in the Resolution, to issue addi-
tional parity bonds ( "Additional Bonds ") which also may be
made payable from, and be secured, equally and ratably with
the outstanding Series 1977 Bonds and outstanding Series 1978
Bonds, by a lien on and pledge of the Pledged Revenues, all
in accordance with the terms of the Resolution, as the same
may be amended as provided therein, to acquire funds (a) to
complete making, purchasing, constructing, leasing, or
acquiring the Project, (b) to enlarge, expand, or modify the
Project, (c) to reconstruct the Project, or (d) to refund any
of the Series 1977 Bonds, the Series 1978 Bonds, the Bonds
or any Additional Bonds. Such Additional Bonds may be issued
in one or more series,.,in various principal amounts, to
mature at different times;-to bear interest at different
rates, to be payable in such installments, to be redeemable
prior to maturity on whatever terms or prices, and to contain
other provisions as may be provided in any resolution or
resolutions of the Board whereunder such Additional Bonds may
be-issued.
9
90801 -12
Minutes of the Special Meeting - August 1, 1979
THE AUTHORITY has also reserved the right to amend
the Resolution with the prior written consent of Baytown and
with the approval in certain circumstances of the holders of
two- thirds (2/3) in aggregate principal amount of the out-
standing bonds who are materially adversely affected by such
amendment; provided, however, that, without the consent of
the holder of each outstanding bond affected thereby, the
Resolution shall not be amended so as to permit: (a) the
reduction of the portion of bonds the consent of the holders
of which is required for any waiver, modification, or altera-
tion; (b) the extension of the time or times of payment of
the principal of and interest on the bonds, or the reduction
in the principal amount thereof or in the rate of interest
thereon or any other modification in the terms of payment of
the principal of or interest on the bonds;- (c) the creation
by the Authority of any lien ranking prior to or on a parity
with the lien of the Bonds (other than with respect to
Additional Bonds); (d) the giving of any preference of any
bond over any other bond; or (e) the extension of any waiver
of default to subsequent defaults.
IN WITNESS WHEREOF, this Bond and the interest
coupons appertaining hereto have been signed with the fac-
simile signature of the President of the Board, and countersigned
with the facsimile signature of the Secretary of the Board,
and the official seal of the Authority has been duly impressed,
or placed in facsimile, on this Bond.
XXXXXXXXXX
Secretary, Board of Directors
(Authority's Seal).
XXXXXXXXXX
President, Board of Directors
FO&M OF COMPTROLLER'S REGISTRATION CERTIFICATE:
OFFICE OF THE COMPTROLLER OF PUBLIC REGISTER NO.
ACCOUNTS OF THE STATE OF TEXAS
I HEREBY CERTIFY THAT there is on file and of
record in my office a certificate to the effect that this
Bond has been examined, certified as to validity, and ap-
proved by the Attorney General of the State of Texas, and
further that this Bond has been registered by the Comptroller
of Public Accounts of the State of Texas.
WITNESS my signature and seal this
(COMPTROLLER'S SEAL)
NO.
XXXXXXXXXXXX
Comptroller of Public Accounts
of the State of Texas
FORM OF INTEREST COUPON:*
ON , s
BAYTOWN AREA WATER AUTHORITY
promises to pay to the bearer, but solely from the sources
described in the Bond to which this interest coupon apper-
tains, the amount shown on this interest coupon, in lawful
money of the United States of America, without exchange or
90801 -13
Minutes of the Special Meeting - August 1, 1979
collection charges to the bearer, unless due provision has
been made for the redemption prior to the scheduled maturity
of the Bond to'which this interest coupon appertains, upon
presentation and surrender of this interest coupon at CITIZENS
BANK & TRUST CO. OF BAYTOWN, BAYTOWN, TEXAS, such amount
being interest coming due on such day in respect of the Bond
bearing the number hereinafter designated of that issue
styled BAYTOWN AREA WATER AUTHORITY WATER SUPPLY CONTRACT
REVENUE BONDS (CITY OF BAYTOWN, TEXAS PROJECT), SERIES 1979,
dated September 11 1979. The holder hereof shall never have
the right to demand payment of this obligation out of any
money derived or to be derived by taxation or any other
revenues of the Authority other than the sources described in
the Bond to which this coupon appertains. Bond No.
XXXXXXXXXX XXXXXXXXXX
Secretary, Board of Directors President, Board of Directors
[END OF FORMS]
Section 6. Definitions. In addition to the other
terms and phrases defipea herein,-, the following terms shall
have the following meanings:
Bonds -- Bonds issued by the Authority,
including the Series-1977 Bonds, the-Series 1978
Bonds, the Series 1979 Bonds, and Additional
Bonds, as described in Section 13, (1) which,
together with the interest thereon,.are to be paid
from the payments of Pledged Revenues and (2) which
have been issued and sold to acquire funds to (a)
make, purchase, construct, lease, or otherwise
acquire the Project, (b) complete such making,
purchasing, constructing, leasing, or acquiring,
(c) enlarge, expand, or modify the Project, (d)
reconstruct the Project, or (e) refund any Bonds..
Bondholder -- The holder of any Bond or the
registered owner thereof.
Costs of the Project -- The costs incurred or
to be incurred by the Authority or Baytown with
respect to the acquisition of the Project, whether
incurred prior to or after the date of the Baytown
Contract and including, but not limited to, the
following items:
(1) Obligations for labor, materials,
services, and equipment;
(2) Costs of any bonds and insurance the
cost of which is not otherwise provided for;
(3) Costs of engineering services,
including costs for preliminary design and
development work, test borings,'surveys,
estimates, plans and specifications, super-
vising construction, and performing all other
duties required by or consequent upon proper
construction;
(4) Expenses incurred in connection with
the issuance and,sale of the Bonds, including
without limitation (a) fees and expenses of
accountants, auditors, attorneys, underwriters,
8.
90801 -14
Minutes of the•Special Fleeting - August 1, 1979
engineers, and financial advisors, (b) materials,
supplies, printing, and engraving, (c) recording
and filing fees, (d) rating agency fees, and
(e) initial fees and expenses of a trustee, if
any;
(5) Costs required to be paid under the
terms of any contract or contracts in connec-
tion with the Project;
(6) Sums required to reimburse the
Authority or Baytown for advances made by
either of them for any of the above items,
including fees of any kind for any other cosy:
incurred, including expenses for organization
of the Authority, overhead expenses, and
expenses for any work done by either the
Authority or Baytown which are properly
chargeable to the Project; and
(7) Costs of all other items related to
the acquisition of the Project.
Houston Contract -- The Vlholesale Treater
Supply Contract - Untreated Water, dated as of
November 1, 1976, between the Authority, as buyer,
and the City of Houston, Texas, as seller.
Outstanding Bonds -- At any date as of which
the amount of Outstanding Bonds is to be deter-
mined, the aggregate of all Bonds, except the
following:
(1) Bonds cancelled or delivered to the
Paying Agent for cancellation at or prior to
such date;
(2) Bonds for the full payment of the
principal of and interest on which cash shall
have been theretofore deposited with the
Paying Agent and which shall have matured by
their terms, or otherwise shall have become
payable, but shall not have been rendered for
payment or shall have been purchased by the
Authority but shall not have been presented
for payment; and
(3) Bonds in exchange or in lieu of
which other Bonds have been delivered under
this Resolution.
Paying Agent -- Any person named herein or in
accordance herewith to pay the principal of and in-
terest on any of the Bonds, one of which shall be
Citizens Bank & Trust Co. of Baytown, Baytown,
Texas, and any successor Paying Agent.
Pledged Revenues -- The payments to be made by
Baytown to the Authority for treated water and
pledged herein for payment of the principal of and
interest on the Bonds issued pursuant to the terms
of the Baytown Contract, the source of which shall
include any and all available sources that Baytown
may pledge toward such payments, including gross
revenues of its waterworks and sanitary sewer
system. •
Project -- The property, works, facilities,
and improvements (whether previously existing or to
be made, constructed, or acquired), within or
9.
90801 -15
Minutes of the Special Meeting - August 1, 1979
without the boundaries of the Authority, necessary
(1) to acquire surface water supplies from sources
both within and without the boundaries of the
Authority, including particularly the sources
provided by the Houston Contract, (2) to conserve,
store, transport, treat, and purify untreated water
purchased by the Authority pursuant to the Houston
Contract; and (3) to distribute, sell, and deliver
treated water to Baytown pursuant to the terms of
the Baytown Contract. The Project will consist of
(1) property, works, facilities, and improvements
to accept untreated water at a point of delivery
pursuant to the Houston Contract, (2) pipelines and
canals, (3) a reservoir and /or forebay between such
point of delivery and the Authority's treatment
facilities; and (4) certain water treatment facili-
ties as may be revised pursuant to the Baytown
Contract.
Section 7. Pledge; Special Obligations. (a) The
Series 1979 Bonds and the interest coupons appertaining
thereto shall be payable from, and secured by an irrevocable
first lien on and pledge of, the Pledged Revenues or, in
certain instances as described in Section 8, from amounts
attributable to the proceeds of the Series 1979 Bonds. The
Pledged Revenues are further pledged irrevocably to the
establishment and maintenance of the Debt Service Fund (here-
inafter defined) at the Paying Agent.
(b) The-Series 1979 Bonds and the interest coupons
appertaining thereto shall be special obligations of the
Authority payable solely from the sources described above,
and no holder of any Series 1979 Bonds shall ever. have the
right to demand payment of the Series 1979 Bonds and interest
coupons from funds derived or to be derived by taxation or
any revenues of the Authority other than those pledged in the
preceding subsection. The Series 1979 Bonds shall not be
considered general obligations of the governing body of the
Authority, the Authority, the State of Texas, or any municipality
or subdivision thereof. No entity other than the Authority
is obligated, directly, indirectly, or contingently, to pay
the Series 1979 Bonds from any other source whatsoever.
Section 8. Project Fund; Investment Thereof. (a)
Immediately after the sale and delivery of the Series 1979
Bonds, the Authority shall deposit into a separate and
special "Baytown Area Water Authority Water Supply Contract
Revenue Bonds' (City of Baytown, Texas Project) Series 1979 -
Project Fund" (the "Project Fund "), which is hereby created
and shall be established at one of the Authority's official
depositories, an-amount equal to the principal amount of the
Series 1979 Bonds less underwriter's discount, if any. The
Project Fund shall be established, drawn on, and used by the
Authority to pay the eligible Costs of the Project.
(b) Any moneys held as a part of the Project Fund
shall, at the direction of Baytown, be invested and rein-
vested pursuant to the Authority Act and in accordance with
the laws of the State of Texas, subject to the provisions of
Section 17 hereof: All interest and realized profit from
such investment may be transferred to and deposited in the
Debt Service Fund (hereinafter defined) if so directed by the
Authority. All losses resulting from such investment will be
charged against the Project Fund. Any obligation in which
such money is so invested* shall be kept and held safely and
shall be sold and the proceeds of the sale applied so as to
make promptly all payments required to be made.
10.
90801 -16
Minutes of the Special Meeting - August 1, 1979
(c) After completion of the Project, any surplus
moneys remaining in the Project Fund (other than funds
required'to provide for the payment of the Costs of the
Project not then due and payable or the liability for the
payment of which is being contested or disputed) shall, at
such time or as soon thereafter as possible, be deposited in
the Debt Service Fund (hereinafter defined). Any moneys
retained in the Project Fund by the Authority for the payment
of Costs of the Project not then due and payable, or the
liability for the payment of which is being contested or
disputed and which shall thereafter become available, shall
be applied in accordance with the provisions of the preceding
sentence.
Section 9. Debt Service Fund; Investment Thereof.
(a) Immediately after t e sale and delivery of the Series
1979 Bonds, the Authority shall deposit into a separate and
special fund called the "Baytown Area Water Authority Water
Supply Contract Revenue Bonds (City of Baytown, Texas Project)
Series 1979 = Debt Service Fund" (the "Debt Service Fund "),
which is hereby created and shall be established by the
Authority at the Paying Agent and maintained as provided in
this Resolution so long as any Series 1979 Bond or interest
coupon appertaining thereto is outstanding and unpaid, the
accrued interest, if any, on the Series 1979 Bonds to the.
date of delivery. All payments by Baytown of Pledged Revenues
with respect to each series of outstanding Bonds shall be
deposited directly into the appropriate Debt Service Fund,
without priority or preference.
(b) All moneys from time to time deposited and
held in the Debt Service Fund shall be held in trust by the
Paying Agent for the benefit of the Bondholders entitled to
be paid therefrom. From the moneys in the Debt Service Fund
the Authority shall pay, or cause to be paid, the interest on
the Series 1979 Bonds as the same shall become due and the
principal of the Series 1979 Bonds as the same shall mature
or be called for redemption.
Jc) if the date for the payment of the principal
of or interest on a Series 1979 Bond is a Saturday, a Sunday,
a legal holiday, or a day on which banking institutions'in
the city where the bank of the Paying Agent is located are
authorized by law or executive order to close and on which
the bank of the Paying Agent is closed, then the date for
such payment shall be the next succeeding day which is not
such a day; payment on such date shall have the same force
and effect as if made on the original date of payment; and no
interest shall accrue from the original date of payment to
such date.
(d) (i) Any moneys held as a part of the Debt
Service Fund shall, at the direction of Baytown, be invested
or reinvested by the Paying Agent pursuant to the Authority
Act and in accordance with the laws of the State of Texas and
subject to the provisions of Section 17 hereof.
(ii) Any securities purchased with the moneys in
the Debt Service Fund shall be deemed a part of the Debt
Service Fund. The income and profits, including realized
discount on securities purchased, received on all such
securities (after deduction for accrued interest and premium
paid from the Debt Service Fund at time of purchase) shall be
deposited in or credited-to the Debt Service Fund, and all
losses thereon shall be charged against the Debt Service
Fund. Neither the Authority nor the Paying Agent shall be
liable or responsible for any loss resulting from any such
investment or resulting from the redemption or sale of any
such investment as herein authorized. If at any time it
Minutes of the Special Meeting - August 1, 1979 90801 -17
Shall become necessary that some or all of the securities
purchased with the moneys in the Debt Service Fund be re-
deemed or sold to raise moneys necessary to comply with the
provisions of this Resolution, the Paying Agent shall, at the
direction of Baytown, effect such redemption or sale.
Section 10. Security of Funds. All moneys de-
posited with the Authority or the Paying Agent and not
invested in securities by the Authority or the Paying Agent
pursuant to the provisions hereof or insured by the Federal
Deposit Insurance Corporation or other federal agency, shall
continuously be secured, for the benefit of the Bondholders,
as required by law for the security of the Authority's
funds.
Section 11. Baytown's Payments of Pledged Revenues.
(a) Baytown has agreed in the Baytown Contract, and, in
addition to and on a parity with payments agreed to be made
pursuant to the approval of the 1977 Bond Resolution and the
1978 Bond Resolution, by approving the issuance of the Series
1979 Bonds and the terms and conditions of this Resolution,
Baytown has further absolutely and unconditionally obligated
itself and agreed (regardless of, and notwithstanding, any
provisions of the Baytown Contract to the contrary, or the
provisions of any other contract or agreement between Baytown
and the Authority or any other party to the contrary) to make
the following payments to the Authority in immediately
available funds:
(i) On or before November 1, 1979, and the
first day of each month thereafter, such amount, in
approximately equal monthly installments, as will
be sufficient, together with-any other amounts
available therefor in the Debt Service Fund, as
shall in the aggregate equal the interest which
shall become due on the Series 1979 Bonds on the
next succeeding interest payment date, plus the
principal amount of any of the Series 1979 Bonds to
be redeemed on such date; and -
(ii) On or before the first of the month
twelve months prior to the first maturity of the
Series 1979 Bonds, and the first day of each month'
thereafter, such amounts, in approximately equal
monthly installments, as will ,be sufficient,
together with any other amounts available therefor
in the Debt Service Fund, as shall in the aggregate
equal the principal amount of the Series 1979 Bonds
which shall mature on the next maturity date of
the Series 1979 Bonds.
(b) The.holders of the Series 1979 Bonds shall be
entitled to rely unconditionally on the agreements, cove-
nants, and representations set forth in this Resolution. It
is further understood and agreed that Baytown may prepay all
or any part of each payment of Pledged Revenues, and any such
prepayment and any earnings thereon shall be applied by the
Authority to Baytown's obligation to make succeeding payments
of Pledged Revenues (except such amounts as may be specified
by Baytown to be applied to the purchase or redemption of any
of the Series 1979 Bonds prior to their maturities); provided,
however, that the redemption of any Outstanding Bonds prior
to maturity at any time, pursuant to the provisions of this
Section, Sections 11(b) of the 1977 Bond Resolution and the
1978 Bond Resolution;:or any similar section in any resolution
authorizing any Additional, Bonds, with funds from any source
(whether from Pledged Revenues or otherwise), shall not
relieve Baytown of its unconditional obligation to pay each
payment of Pledged Revenues, as specified above, when due.
12.
90801 -18
Minutes of the Special Meeting - August 1, 1979
Section 12. Redemption of the Series 1979 Bonds
Before Maturity.
(a) Redemption Dates and Prices.
(i) The Series 1979 Bonds are non - callable
for redemption prior to November 11 1994.
(ii) On May 1, 2001, $1,250,000 of the out-
standing Series 1979 Bonds are subject to mandatory
redemption prior to their scheduled'maturies, the
particular Bonds to be redeemed to be selected by
lot or any other customary manner by the Paying Agent.
on or before May 1, 2001, Baytown shall deposit, or
cause to be deposited, Pledged Revenues into the
Debt Service Fund, in immediately available funds,
a sum which together with other moneys available
therefor in the Debt Service Fund, is equal to the
aggregate principal amount of the Series 1979 Bonds*
to be redeemed plus accrued interest to May 1, 2001.
(iii) On November 1, 1994, or on any interest
payment date thereafter, any outstanding Series
1979 Bonds are subject to optional redemption prior
to their scheduled maturities, in whole or in part,
at the option of and as directed by Baytown, upon
written notice of the exercise of the option to
redeem delivered by Baytown to the Authority and
the Paying Agent. On or before the day fixed for
such redemption, Baytown shall deposit, or cause to
be deposited, Pledged Revenues into the Debt Service
Fund, in immediately available funds, a sum which,
together with other moneys available therefor in
the Debt Service Fund, is equal to the aggregate
principal amount of the Series 1979 Bonds requested
to be redeemed plus accrued interest to the date of
redemption.
(b) Notice of Redemption. The Paying Agent shall
cause a written notice of any redemption to be published at
least once during each week for at least two consecutive
weeks, each publication to be made in a newspaper of general
circulation in Houston, Texas, with the first of such publi-
cations being at least 30 days prior to the day fixed for
redemption. If, because of temporary or permanent suspension
of the publication or general circulation of any such news-
papers,-it is impossible or impracticable to publish such
notice in the manner provided herein, then such publication
in lieu thereof as shall be made with the approval of the
Paying Agent shall constitute a sufficient publication of a
notice. By the date fixed for any such redemption, due
provision shall be made with the Paying Agent for the payment
of the principal amount of the Series 1979 Bonds which are to
be redeemed, plus accrued interest thereon to the date fixed
for redemption. If such written notice of redemption is
published, the Series 1979 Bonds called for redemption shall
become due and payable on the date fixed for redemption, and,
if due provision for such payment is made, all as provided
above, the Series 1979 Bonds which are to be redeemed thereby
shall automatically be deemed to have been redeemed prior to
their scheduled maturities; shall not bear interest after the
date fixed for redemption; and shall not be regarded as being
Outstanding except for the right of the bearer to receive the
funds provided for such payment. Upon presentation and
surrender of such Series 1979 Bonds to the Paying Agent,
together with all coupons' appertaining thereto maturing after
such redemption date, such Series 1979 Bonds shall be paid.
• (c) Redemption Requests. In the event Baytown
exercises its option under Section 12(a)(iii), redemption
shall be made pursuant to such Section at such times and in
114
90801 -19
Minutes of the Special Meeting - August 1, 1979
such principal amounts as Baytown shall, not later than 45
days prior to the date on which any Series 1979 Bonds are to
be redeemed pursuant to Section 12(a)(iii), state in a written
certificate which is signed by a•duly authorized representative
of Baytown and received by the Authority. The Authority
shall give the notice of redemption referred to in this
Section 12(c) in respect of such redemption.
Section 13.' Additional Bonds., (a) The Authority
reserves the right, upon the request of Baytown, to issue
additional bonds (the "Additional'Bonds ") in'such amounts as
are required for the purpose of acquiring funds to (i)
complete making, purchasing, constructing, leasing, or
acquiring the Project, (ii) enlarge, expand, or modify the
Project, (iii) reconstruct the Project, or (iv) refund or any
Bonds. The Additional Bonds, when issued and delivered,
shall be payable from and secured by a first lien on and
pledge of the Pledged Revenues (which shall include addi-
tional payments sufficient to enable the Authority to comply
with all terms and conditions of this Resolution with respect
to the issuance of such Additional Bonds), in the same
manner and to the same extent as any previously Outstanding
Bonds; and all of the Bonds shall in all respects be on a
parity and of equal dignity.- The Additional Bonds may be
issued in one or more series, in various principal amounts,
to mature*at different times, to bear interest at different -
rates, to be payable•in such i.nstallments,,to be redeemable
prior to maturity on whatever terms or prices, and to contain
such other provisions as may be provided in any resolution or
resolutions of the Board whereunder the Additional Bonds may
be issued.
(b) No such installment or series of Additional
Bonds shall be issued unless:
(i) A certificate is executed by the Presi-
dent and Secretary of the Board to the effect that
no default exists in connection with any covenants
or requirements of any Outstanding Bonds and that
the Debt Service Fund contains the amount then
required to be on deposit therein;
(ii) Baytown is not in default with respect-
to any series of bonds or other debt issued by it;
and
(iii) The principal of and interest on any
such installment or series of Additional Bonds are
payable on the same semiannual interest dates and
annual principal dates as the Outstanding Bonds.
(c) Nothing in this Section shall either require
or preclude that (i) any bonds which may be issued by the
Authority or any other issuer for the purpose of acquiring'
funds to (A) make, purchase, construct, lease, or otherwise
acquire the Project; (B) complete such making, purchasing,
constructing, leasing, or acquiring; (C) enlarge, expand, or
modify the Project; (D) reconstruct the Project; or (E)
refund any Bonds;. (ii) the Bonds must rank equally and on a
parity with any such bonds not issued as Additional Bonds; or
(iii) that the Bonds must be secured, together with any bonds
not issued as Additional Bonds, by a pledge of the Pledged
Revenues.
Section -14. Amendments and Supplemental Resolu-
tions. (a) The Authority may at any time, subject to the
conditions and restrictions contained in this Resolution and
with the prior written consent of Baytown, but without the
consent of, or notice to, the Bondholders, enter into a
resolution or resolutions supplemental hereto, which there-
after shall form a part hereof, for any one or more of the
following purposes:
90801 -20
Minutes of the Special Meeting - August 1, 1979
(i) To add to the covenants and agreements of
the Authority contained in this Resolution other
covenants and agreements thereafter to be observed
and performed;
(ii) To cure any ambiguity or to cure,
correct, or supplement any defect, omission, or
inconsistent provision contained in thid Resolution
or in any supplemental resolution;
(iii) To establish the amount, terms, pro-
visions, and conditions of a particular series of
Additional Bonds and to prescribe the form of such
bonds and the coupons appertaining thereto; or
(iv) To make any other change in this Resolu-
tion or any supplemental resolution which, in the
judgment of the Authority in reliance upon an
opinion of counsel of recognized national standing
in the field of municipal bond law, does not
materially adversely affect the rights of the
Bondholders of any series.
The Authority hereby covenants that it will perform all the
requirements of any such supplemental resolutions which may
be in effect from time to time.
'(b) (i) If at -any time the Authority shall
desire to amend this Resolution, the 1977 Bond'Resolution,
the 1978 Bond Resolution, or the Baytown-Contract, and such
amendment, in the judgment of the Authority in reliance upon
an opinion of counsel of recognized national standing in the
field of municipal bond law, materially adversely affects the
rights of the Bondholders, the Authority shall cause notice
of the proposed amendment to be published at least once
during each week for at least two consecutive-weeks, each
publication to be made in a newspaper of general circulation
in Houston, Texas. Such notice shall briefly set forth the
nature of the proposed amendment and shall state that a copy
thereof is on file at the principal office of the Authority
for inspection by all Bondholders.
(ii) From time to time the Bondholders of not less
than two - thirds (2/3) in principal amount of.the Outstanding .
Bonds materially adversely affected by any waiver, modification,
or alteration of this Resolution, the 1977 Bond Resolution,
the 1978'Bond Resolution, or the Baytown Contract, may, by an
instrument or instruments in writing signed by such Bond-
holders and filed with the Authority, assent to and authorize
any such waiver, modification, or alteration of this Resolution,
the 1977 Bond Resolution, the 1978 Bond Resolution, or the
Baytown Contract that shall be proposed by the Authority and
consented to by Baytown; and any action therein authorized to
be taken, with the assent or authority given as aforesaid,
shall be binding upon all Bondholders as fully as though such
action were specifically and expressly authorized by the
terms of this Resolution, the 1977 Bond Resolution, the 1978
Bond Resolution, or the Baytown Contract, as the case may be;
provided that, without the consent of the Bondholders affected
thereby, no such waiver, modification, or alteration shall
permit: (a) the reduction of the portion of the Bonds.the
consent of the Bondholders of which is required for any
waiver, modification, or alteration; (b) the extension of the
time or times of payment of the principal of and interest on
the Bonds, or the reduction in the principal amount thereof
or in the rate of interest thereon or any other modification
in the terms of payment of.the principal or interest on the
Bonds; (c) the creation by the Authority of any lien ranking
prior to or on a parity with the lien of the Bonds (other
than with respect to Additional Bonds); (d) the giving of any
preference of any Bond over any other Bond; or (e) the exten-
sion of any waiver of default to subsequent defaults.
90801 -21
Minutes of the Special Meeting - August -1, 1979
(c) Upon the adoption of any waiver, modification,
or alteration pursuant to the provisions of this Section,
this Resolution, the 1977 Bond Resolution, the 1978 Resolution,
or the Baytown Contract, as the case may be, shall be deemed
to be amended in accordance therewith and the respective
rights, duties, and obligations of the Authority, Baytown,
and all the Bondholders of the then Outstanding Bonds shall
thereafter be determined, exercised, and endorsed hereunder,
subject in all respects to such amendment.
Section 15. Sale and Delivery of the Series 1979
Bonds; Approval and Registration Thereof. a) The sale of
the Series 1979 Bonds to ,
Texas (the "Initial Purchaser "), pursuant to the taking of
public bids therefor on the date of this Resolution, at a
price of $. , and accrued interest to the date of
delivery, is hereby confirmed. Delivery of the Series 1979
Bonds to the Initial Purchaser shall be made as soon as
practicable after the adoption of this Resolution, upon
payment therefor, in accordance with the terms of sale.
(b) Before the delivery of any Series 1979
Bonds, all necessary records and proceedings pertaining to
such Series 1979 Bonds shall be delivered to the Attorney
General'of Texas for investigation, examination, and approval
and to the Comptroller 'of Public Accounts of the State of
Texas for registration. Upon registration of the Series 1979
Bonds, the Comptroller of Public Accounts (or a deputy
designated in writing to act for'such Comptroller) shall
manually sign the Comptroller's Registration Certificate
prescribed herein to be printed and endorsed-on each Series
1979 Bond, and the seal of such Comptroller shall be impressed,
printed, or lithographed on each of the Series 1979 Bonds.
Thereafter the Series 1979 Bonds shall -be delivered to the
Initial Purchasers thereof in accordance with' the terms of
sale of such Series 1979 Bonds.
. . Section 16: Damaged, Mutilated, Lost, Stolen, or
Destroyed Bonds and Coupons. (a ) In the event any Bond is
damaged, mutilated, lost, stolen, or destroyed, the Authority
shall execute a new Bond of the same principal amount and
maturity with coupons corresponding in all respects to those
unpaid coupons, if any., of the damaged, mutilated, lost,
stolen,. or destroyed Bond, in exchange and substitution for,
or in lieu of and substitution for, such Bond and its coupons,
if any, submit such replacement Bond to the Attorney General
of Texas for his approval. and otherwise cooperate with the
Bondholder of any such Bond in complying with the provisions
of-Article 715a, Vernon's Texas Civil Statutes, as amended,
or any other statute or procedure available for the issuance
of replacement Bonds..
(b) In the event any coupon appertaining to any
Bond is damaged, mutilated, lost, stolen, or destroyed, the
Authority shall execute and deliver a new Bond of the same
principal amount and maturity and having attached coupons
corresponding to the coupons appertaining to the Bond to
which such damaged, mutilated, lost, stolen, or destroyed
coupon appertained, in exchange and substitution for, or in
lieu of and substitution for, the Bond and appurtenant- coupons
to which such damaged, mutilated, lost, stolen, or destroyed
coupon appertained, submit such replacement Bond to the
Attorney General of Texas for his approval and otherwise
cooperate with the Bondholder of any such Bond in complying
with the provisions of Article 715a, Vernon's Texas Civil
Statutes, as amended, or any other statute or procedure
available for the issuance of replacement Bonds or coupons.
16.
90801 -22
Minutes of the Special Meeting - August 1, 1979
(c) Application for exchange and substitution of
damaged, mutilated, lost, stolen, or destroyed Bonds and
coupons shall be made to the Authority. In every case, the
applicant for a substitute Bond shall furnish to the Author-
ity and Baytown such security or indemnity as may be, respec-
tively, required by them to save each of them and the Paying
Agent harmless. in every case of loss, theft, or destruction
of a" Bond or a coupon, the applicant shall also furnish to
the Authority and Baytown evidence to their respective
satisfaction of the loss, theft, or destruction of a coupon
or coupons only, the applicant shall surrender the Bond to
which the coupon or coupons so damaged, mutilated, lost,
stolen, or destroyed appertain, with all coupons appertaining
thereto (including any damaged or mutilated coupons) not
lost, stolen, or destroyed. In every case of damage or
mutilation of a Bond only, or a Bond without coupons, the
applicant shall surrender the Bond so damaged or mutilated
together with all coupons, if any, appertaining thereto. .
(d) Notwithstanding the foregoing provision of
this Section 16, in the event any such Bond or coupon shall
have matured, and no default has occurred which is then
continuing in the payment of the principal or interest on the
Bonds, the Authority may authorize the payment of the same
(without surrender thereof except in the case of a damaged or
mutilated Bond or coupon) instead of issuing a substitute
Bond and coupons, if any, provided security or indemnity is
furnished as provided above in this Section 16.
(e) Upon the issuance of any substitute Bond, the
Authority and Baytown may charge any such Bondholder with all
expenses in connection therewith. Every substitute Bond (and
any coupon or coupons attached thereto) issued pursuant to
the provisions of this Section 16 by virtue of the fact that
any Bond or any coupon is lost, stolen, or destroyed shall
constitute a contractual obligation of the Authority, whether
or not the lost, stolen, or destroyed Bond or coupon shall be
found at any time, or be enforceable by anyone, and shall be
entitled to all the benefits of this Resolution equally and
proportionately with any and all other Series 1979 Bonds
and coupons duly issued under this Resolution.
(f) This Resolution shall constitute sufficient
authority for the issuance of any such substitute Bond with-
out the necessity of further action by the Board or any other
body or person, and the issuance of such substituted Bonds is
hereby authorized, notwithstanding any other provisions of
this Resolution.
Section 17. No- Arbitrage. The Authority covenants
that neither the proceeds of the Bonds nor other funds of
the Authority will be used directly or indirectly so as to
cause all or any part of the Bonds to be or become arbitrage
bonds within the meaning of Section 103(c) of the internal
Revenue Code of 1954, as amended, or any regulations or
rulings pertaining thereto.
Section 18. Resignation and Removal of the Paying
Agent and Appointment of Another Paying Agent. The Paying
Agent may at any time a resign and be discharged of the duties
and obligations created by this Resolution by giving at least
60 days' written notice by registered or certified mail to
the Authority and Baytown. The Paying Agent may be removed,
at any time, with the,consent of Baytown, by an instrument
filed with the Paying Agent and signed by the Authority. Any
successor Paying Agent shall be appointed by the Authority
with the approval of Baytown. In the event of resignation or
removal, the Paying Agent shall pay over, assign, and deliver
17.
90801 -23
Minutes of the Special Meeting - August 1, 1979
any moneys held by it as Paying Agent and any other records
maintained by it to its successor, or, if there be no successor,
to the Authority. At any time or from time to time, with the
approval of Baytown, the Authority may appoint one or more
other Paying Agents for the Bonds.
Section 19. CUSIP Numbers. The Board of Directors
of the Authority authorizes the imprinting of CUSIP (the
American Bankers Association's Committee on Uniform Secur-
ities Identification Procedures) numbers on the Series 1979
Bonds; provided, however, that the failure of such CUSIP
numbers to appear on the Series 1979 Bonds, or the imprinting
of incorrect CUSIP numbers, shall in no way affect the
validity or enforceability of the Series 1979 Bonds or
relieve the purchaser of any obligation to accept delivery of
and make payment for the Serieq 1979 Bonds.
Section 20. Emergency. It is hereby officially
found and determined that a case of emergency or urgent pub-
lic necessity exists which requires the holding of the meet-
ing at which this Resolution is adopted, such emergency or
urgent public necessity being that the proceeds from the sale
of the Series 1979 Bonds are required as soon as possible and
without delay for necessary-and urgently needed public
improvements and further that such meeting was open to the
pubic, and public notice of the time, place, and purpose of
such meeting was given, all as required by Article 6252 -17,
Vernon's Texas'Civil Statutes, as amended.
Section 21. Effective Date. This resolution shall
take effect from and after its passage by the Board of Directors
of the Baytown Area Water Authority.-
INTRODUCED; READ, AND PASSED.by the affirmative
vote of the Board of Directors of the Baytown Area Water
Authority this day of , 1979.
Robert L. Gillette, President
ATTEST:
Peter R. Buenz, Secretary
APPROVED:
Scott Bounds, Attorney for
The Baytown Area Water Authority
W
90801 -24
Minutes of the Special Meeting - August 1, 1979
City Manager's Report
The proposed budget will be distributed to Council at the
end of the meeting. Mr. Lanham reminded Council that the budget
must be approved by September 27 to comply with the Charter.
However, if possible, the budget should be approved earlier than
this to allow time for printing and distribution. Usually, the
budget is approved by the first meeting in September or by mid
September. Council set the first work session on the budget for
Monday, August 20 at 6:00 p.m. The budget hearing will be held
August 23.
Railroad crossings on Massey Tompkins, Bob Smith, Cedar
Bayou, Hafer, Dyer and Market Streets have been repaired. The
Administration has been working with the railroad to get these
crossings repaired. Within the next two weeks, the crossing on
Texas Avenue should be repaired, along with others.
The Administration has received notification that the STEP
Grant Program will expire on September 30 and the City will not
be considered for renewal.
Councilman Kloesel stated that he had noticed city personnel
working on the railroad crossings and he felt that this should be
the railroad company's responsibility. Mr. Lanham explained that
since it is the railroad company's responsibility to repair only
what is in the track area, an agreement had been developed by
which the railroad company pays the city on an hourly basis for
the gradall and the operator, and the railroad furnishes all the
material whether the repair is in the track area or outside the
track area. The city furnishes the roller and some of the man-
power. The city was interested in doing this work because some
of the companies that the railroad company has retained to do
this work in the past have not been experienced in this type
work. By the city crew helping in this work, the work is sloped
out so that the asphalt does not end abruptly. Council generally
concurred that the good being derived overall justifies the use
of city personnel.
Norman Dykes reported to Council on the flooding experienced
within the city last week. During this period, most of the rain
fell in the central and northern part of the city, while during
the last flooding, the largest portion of rain fell in the
eastern portion of the city. During the last flooding, downtown
area on Main flooded, but due to remedial action taken, this time
there were no problems experienced there. On the east side of
town near Narcille, no flooding was experienced and the county
has removed the obstruction from the outfall ditch at Kilgore
Road; therefore, there was no flooding there. In the Single-
ton /Walker Road area, four homes flooded. The county ditch on
the west side of the track has been cleared. The city has sur-
veyed the area to determine that the area could be drained by
piping across Massey Tompkins to have the water flow to the
county outfall ditch. Permission has been granted by the rail-
road to accomplish this.
Homes along Goose Creek flooded, homes on Cedar Bayou-
Lynchburg flooded. Everything along the Goose Creek Watershed in
low areas flooded because the rain was greater than what the
systems were designed to handle. For instance, the eastern
portion of the Allenbrook Subdivision had very high water. A
check of the system revealed that there were no blockages. Garth
Road at Goose Creek had a couple feet of water at the bridge
during the flooding. The north part of Craigmont experienced
flooding. At least nine homes flooded. The part of Craigmont
that flooded outfalls north to a county ditch that flows across
to Goose Creek. In that area the pipes were checked to reveal
that the pipes are now half full. The flood control ditch does
need to be cleaned. The Administration is preparing a letter to
the county to request that this ditch be cleared, along with the
Goose Creek ditch which should help the flow on the east fork of
Goose Creek. The Country Club Subdivision near the south end
gathered the excess runoff from Craigmont which caused some
flooding. All the storm drains in Country Club were open.
90801 -25
Minutes of the Special Meeting - August 1, 1979
Another area that flooded was Baker Road around Goose Creek, as
well as west Baker near St. James House. A number of homes in
Brownwood flooded. Primarily, the reason for the flooding was
the great amount of rain (12 -14 inches) that extended north all
the way up to the Wallisville Road area and the high tides
holding some of the water in. Mr. Dykes pointed out that some of
the areas discussed are actually in the 100 -year flood area or
the flood hazard area.
Mr. Dykes indicated that if the county ditches were cleared
that this would help the flow of water, but he seriously doubted
that these ditches could handle the amount of water experienced
during the flooding.
In response to a question from Council, Mr. Dykes explained
that the Street and Drainage Department inspects storm drainage
during rains to look for stopped inlets which are cleared to
allow the water to flow. On Baker Road near St. James House
where the water remained standing for several days, the Admin-
istration is recommending that the drainage ditch be extended
across Bayway and then on to Baker to help move the water. The
engineering department will be checking the possibility of
obtaining right of way and developing cost estimates.
Councilman Johnson requested that the drain in the Mocking-
bird /Morning Drive area be checked for garbage can lids which
were blown free during the rains.
In connection with making visual checks of the drainage
system, Councilman Johnson reported an obstruction on Tenth
Street near Edison Courts.
Council commended all city personnel who worked during the
flooding period, along with Fletcher Hickerson and all the volun-
teers who assisted.
Councilman Cannon inquired if any report had been received
concerning the drainage problem in Whispering Pines. Mr. Lanham
responded that that report has not been received.
Councilman Johnson asked the Administration to check into
the amount of down time experienced during use of a concrete
breaker which the city rents on a daily basis and to request
credit for this time. Also, Councilman Johnson had spoken to Mr.
Manuel Johnson, who said that he was going to recommend that this
machine be returned.
Councilman Cannon requested that Mr. Cornelius check into
the problem on Houston Street regarding accidents which occur
there. Secondly, he requested that consideration be given to
removing some of the "no right turn" restrictions in the interest
of energy conservation. Councilman Kloesel requested that the
Council be given a list of the intersections with "no right turn"
restrictions so that Council could make the decision regarding
these intersections.
Councilman Kloesel also inquired if the engineering depart-
ment felt that putting the pump which was not operating properly
back into service corrected the problem at Durrain and 201. Mr.
Dykes explained that the control has been set so that all three
pumps may be operated together or separately. Since that time,
no problems have been experienced. There were some problems
reported in the subdivision near this location, but this was due
to line stoppage which was corrected.
Councilman Philips stated that in view of the fact that
Baytown is experiencing widespread flooding problems, the city,
Harris County Flood Control District, and the Corps of Engineers
need to get together to determine what the next capital improve-
ments program ought to be regarding drainage. He requested that
an item be placed on the agenda that would request that the City
Manager prepare a recommendation to the Council that would speak
to the next capital improvement issue in an overall comprehensive
program. The item to be placed on the agenda should be directed
N
Minutes of the Special Meeting - August 1, 1979
toward getting a report on a new overall comprehensive drainage
study.
Councilwoman Wilbanks pointed out that the Brownwood /Lake-
wood area had not been included in the last study so this area
would need to be included in this report.
Reverend Parker with First Baptist Church Appeared
Reverend Parker appeared to request that Council grant a
variance to the Buffer Fencing section of the Code of Ordinances
which requires that a fence be constructed to separate the
church's proposed parking area from abutting property. Reverend
Parker presented an affidavit from the only abutting property
owners (the Lundys) who are against having the fence erected.
The church owns the property on both sides of the Lundys' home
and is considering developing the other parcel as a parking area
which will mean that the Lundys' home will be completely surrounded
by a fence.
Councilman Cannon pointed out that the intent of the ordi-
nance was to protect the neighborhood and if the abutting prop-
erty owners had no problem with a variance, then he had no
problem; Councilman Philips concurred.
The Administration suggested that if Council desired to
grant a variance that the ordinance should be amended to provide
criteria for granting variances.
Councilman Philips inquired if the wording, "when both
owners agree" would amend the ordinance to cover the situation?
Mr. Lanham pointed out that there may be more than one owner
involved.
Scott Bounds, City Attorney, pointed out that if a variance
were granted to the ordinance, then it would become questionable
whether the ordinance could be enforced in other instances when
buffer fencing is desirable.
Mr. Lanham suggested that the guidelines be that all abut-
ting property owners agree that a buffer fence is not necessary.
Councilman Kloesel stated guidelines would be fine, but he
felt that to add the provision that Council could grant excep-
tions would cover the situation. This item will be placed on the
agenda for the next meeting.
Resolution No. 689 - Canvassing the Results of the City of
Baytown Bond Election Held July 24, 1979
THE STATE OF TEXAS 0
COUNTIES OF HARRIS AND CHAMBERS 0
CITY OF BAYTOWN 0
The City Council of the City of Baytown, Texas, convened in
special meeting, open to the public, on the 1st day of August,
1979, at the City Hall, and the roll was called of the duly con-
stituted officers and members of the City Council and the City
Clerk of the City, to -wit:
Emmett 0. Hutto
Allen Cannon
Ted Kloesel
Jimmy Johnson
Mary E. Wilbanks
Eileen Caffey
Fred T. Philips
Eileen P. Hall
Mayor
Councilman
Councilman
Councilman
Councilwoman
Councilwoman
Councilman
City Clerk
90801 -27
Minutes of the Special Meeting - August 1, 1979
and all of said persons were present, except the following absen-
tees: none, thus constituting a quorum. Whereupon, among other
business, the following was transacted at said meeting; a written
resolution entitled:
RESOLUTION CANVASSING RETURNS
AND DECLARING RESULTS OF ELECTION
(the "Resolution ") was duly introduced for the consideration of
the City Council and reviewed in full. It was then duly moved by
Councilman Cannon and seconded by Councilman Johnson that the
Resolution be passed; and, after due discussion, the motion,
carrying with it the passage of the Resolution, 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 Resolution had been duly
and lawfully adopted. The Resolution thus adopted follows:
90801 -28• ,
Minutes of the Special Meeting - August 1, 1979
RESOLUTION NO. 689
RESOLUTION CANVASSING RETURNS
AND DECLARING RESULTS OF ELECTION
TF.7. STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS §
CITY OF BAYTOWN
WHEREAS, an election was held in the CITY OF BAYTOWN,
TEXAS (the "City ") , on July 24, 1979, at which two propositions
relating to the issuance of bonds of the City and the levy of
taxes to pay said bonds, respectively, were submitted in accor-
dance with law; and
WHEREAS, all resident, qualified electors of the City
were entitled to vote on the propositions; and
WHEREAS, 5,803 votes were cast in said election as
follows:
and
PROPOSITION 1
FOR THE ISSUANCE OF $1,550,000
AIRPORT BONDS . . . . . . . . . . . . . . 1,132 votes
AGAINST THE ISSUANCE OF $1,550,000
AIRPORT BONDS . . . . . . . . . . . . . . 4,597 votes
PROPOSITION 2
FOR THE ISSUANCE OF $7,600,000
PARK BONDS (PARK LAND TO BE ACQUIRED
FROM THE UNITED STATES OF AMERICA
PURSUANT TO THE "CORPS OF ENGINEERS
OF THE U. S. BAYTOWN, TEXAS PROJECT ") 2,271 votes
AGAINST THE ISSUANCE OF $7,600,000
PARK BONDS (PARR LAND TO BE ACQUIRED
FROM THE UNITED STATES OF AMERICA
PURSUANT TO THE "CORPS OF ENGINEERS
OF THE U. S. BAYTOWN, TEXAS PROJECT ") 3,487 votes
WHEREAS, the above totals are shown in the official elec-
tion returns heretofore submitted to the City Council and filed
with the City Clerk; and
WHEREAS, the election was called and held in all respects
under and in strict conformity with the Constitution and laws
of the State of Texas and of the United States of America;
90801 -29
Minutes of the Special 3ieeting - August 1, 1979
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BAYTOWN THAT:
Section 1. The matters and facts recited in the above
preamble of this resolution are found to be true and correct.
Section 2. - The election held in the City on the 24th day
of July, 1979, and which is more fully described in the pre-
amble of this resolution, was called and notice thereof given'
in accordance with law; the election was held in all respects
in conformity with law; only resident, qualified electors of the
City voted at the election; returns of the election have been
lawfully made by the proper officers; the election has resulted
unfavorably to the issuance of the bonds described in the propo-
sitions submitted at the election and the levy and collection of
the tax in payment thereof; and less than the necessary majority _
of.the qualified voters voting at the election have voted in
favor thereof.
Section 3. The City Council of the City is not authorized
to issue the bonds described in the aforesaid propositions nor
to levy and collect taxes in payment thereof. '
Section 4. 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 at which this resolution is
adopted and for the adoption of this resolution; 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 lst day of August, 1979..
ATTEST:
ad yor
CITY OF BAYTOWN, TEXAS
City Clerk
CITY OF,,BAYTOWN, TEXAS
(SEAL)
' -2-
90801 -30 ..
Minutes of the Special Meeting - August 1, 1979
APPROVED:
S66
9
City Attorney
CITY OF BAYTOWN, TEXAS
-3-
90301 -31
Minutes of the Special Meeting - August 1, 1979
Councilwoman Caffey asked that the Administration look at
alternatives to deal locally with some of the immediate service
needs in Brownwood.
Councilman Johnson requested that the Administration explore
what alternatives are available to the Council regarding Brown -
wood. Mr. Lanham stated that the Administration would explore
the possibilities and report to Council.
Consider Approving Plans and Specifications for BAWA Water
Transmission Line Project
Rick French with the firm of Lockwood, Andrews & Newnam,
Inc. was present to review the plans with Council. The plans had
been reviewed by the Baytown Area Water Authority Board which
Board recommended approval.
Mr. French explained that the plans involve a 36" line to
carry the water from the plant down Thompson Road to Lynchburg -
Cedar Bayou Road where the line will split. There will be a 30"
line that will continue on down Thompson Road that will connect
to a 16" line that is existing on Decker. There will also be a
30" line extending from the 36" line on Thompson Road that will
go east along Lynchburg -Cedar Bayou Road to Barkaloo. At Bar -
kaloo the line will turn south and travel to Massey Tompkins
Road, cross Massey Tompkins and travel across private right of
way to the Southern Pacific Railroad easement to Spur 201 where
the line will be reduced from a 30" line to a 24" line which will
continue down the railroad easement to First Street. The line
will continue down First Street to Lobit Avenue where it will
connect to an existing 16" line. There are several other places
where the line will connect to existing city water lines. The
estimated total construction cost is 3.9 million for this pro-
ject. The engineers would like to advertise to receive bids in
August so that bids will be received the first part of September
which should schedule the project for completion in June or July
of next year.
In response to a question from Council, Mr. French stated
that the pipe will be pre- stressed concrete cylinder pipe or pre -
tensioned concrete cylinder pipe.
Mr. Lanham pointed out that the City will need to build an
overhead storage tower on the east side of the city. The study
made several months ago did indicate the need for this tower.
Councilman Philips inquired if the line would be crossing
any ground faults? Mr. French responded that he knew of no
faults in this area. The Baytown Area Water Authority did have
soil tests analysis run along the proposed route and no faults
were reported. Mr. Lanham pointed out that there are maps which
indicate where faults lie and this would certainly be verified.
Councilman Johnson moved that authorization be given to
advertise for receipt of bids; Councilman Philips seconded the
motion subject to an investigation and statement to Council
regarding lines being designed to accommodate fault crossings.
The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
N1:1 E
Minutes of the Special Meeting - August 1, 1979
Consider Acceptance of Parks and Recreation Advisory
Board's Annual Report
Mr. Wayne Gray, Chairman of the Parks Board, was present to
entertain any questions from Council. Council had no questions,
only a comment that the Board, as well as the staff, had done an
excellent job.
Councilwoman Wilbanks moved to accept the Parks and Recrea-
tion Advisory Board's Annual Report; Councilwoman Caffey seconded
the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Caffey and Cannon
Mayor Hutto
Nays: None
Resolution No. 690 - Declaring the Necessity for the
Formation of the Baytown Housing Finance Corporation
�T
W
W
90801 -33
Minutes of the Special Meeting - August 1, 1979
THE STATE OF TEXAS
COUNTY OF HARRIS
The City Council of the City of Baytown, Texas, convened in
Special Meeting, open to the public, on the 1st day of August,
1979, in the City Hall, 2401 Market Street, within the City, and
the roll was called'of the duly constituted officers and.members
of said Council, the City Clerk, the City Manager and the City
Attorney, to -wit:
Emmett 0. Hutto
Eileen Caffey
Mary Elizabeth Wilbanks
Fred T. Philips
Jimmy Johnson
Ted Kloesel
Allen Cannon
Fritz Lanham
Scott Bounds
Eileen P. Hall
Mayor
Councilwoman
Councilwoman
Councilman
Councilman
Councilman
Councilman
City Manager
City Attorney
City Clerk
and all of said persons were present, except: none, thus consti-
tuting a quorum. Whereupon, the following (among other) business
was transacted at said meeting: a written resolution entitled:.
RESOLUTION DECLARING THE WISDOM, EXPEDIENCY, NECESSITY
AND ADVISABILITY FOR THE FORMATION OF THE BAYTOWN
HOUSING FINANCE CORPORATION; CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY
was duly introduced for the consideration of said Council and
read in full. Councilman Johnson made a motion that the reso-
lution be adopted. Councilwoman Caffey seconded the motion for
adoption of the resolution. The motion, carrying with it the
adoption of the resolution, prevailed by the following vote:
AYES: Council members Philips, Johnson, Wilbanks and
Caffey
Mayor Hutto
NAYS: Council members Kloesel and Cannon
The Mayor thereupon announced that the resolution had been
duly and lawfully adopted and was in full force and effect. The
resolution thus adopted follows:
90801 -34
Minutes of the Special Meeting - August 1, 1979
RESOLUTION NO. 690
RESOLUTION DECLARING THE WISDOM, EXPEDIENCY, NECESSITY
AND ADVISABILITY FOR THE FORMATION OF THE BAYTOWN
HOUSING FINANCE CORPORATION; CONTAINING OTHER PROVISIONS
RELATING TO THE SUBJECT; AND DECLARING AN EMERGENCY
WHEREAS, the Legislature of the State of Texas, in its 66th
Legislative Session, passed a bill, designated as House Bill
Number 1876 and as "an Act authorizing cities and counties to
create and utilize public nonprofit corporations for the purpose - - .
of providing a means of financing the cost of residential owner-
ship and development that will provide decent, safe and sanitary
housing for residents (, etc.]" (the "Act "), such Act having
been signed into law by the Governor of the State of Texas on
June 14,.1979,.and having become immediately effective as
emergency legislation; and
WHEREAS, pursuant to the provisions of the Act, O. J. Howell,
Tony Campos, E. D. Reed,•II, Norma R. Wilder and David Gunn, each
being a citizen*of the State of Texas, of the age of 18 years or
more and a rdsddent of the City of Baytown, Texas (the "City "),
have made application in writing to the City Council of the City..
(the "Council ") seeking the incorporation• under the Act of a
public nonprofit housing finance corporation to be called "The.
Baytown Housing Finance Corporation" (the "Corporation ") with
authority to carry out the public purposes for which :it is
incorporated, to exercise the powers with which It is invested
by the Act and its Articles of Incorporation, including the
power to issue its obligations to accomplish 'such 'Public pur.,
poses and powers, as a public instrumentality and nonprofit
corporation to exist and act on behalf_ of{ and for the benefit
of, the, general public, the City and the 'State 'of Texas, and
have attached to such application the form of Articles of
• Incorporation to be used to organize the Corporation for
approval by the Council together with 'such application; and
WHEREAS, the Act provides that the Corporation nay.-not be
formed unless such application and such Articles of Xncorpoxatlon
shall have been first filed with 'the Council and the Council
90801 -35
• Minutes of the Special Meeting - August 1, 1979
shall have by appropriate resolution duly adopted (1) found and
determined that it is wise, expedient, necessary or advisable
that the Corporation be formed and (2) approved the form of
the Articles of Incorporation to be used in organizing the
Corporation; and
WHEREAS, the Council has determined, upon its own motion,
to adopt such resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BAYTOWNr TEXAS:
Section 1. That the Council officially finds, determines,
recites and declares that (1) it is wiser expedient, necessary
and advisable that there be provided in the City a means of
• financing the cost of residential ownership and development
that will provide decent, safe and sanitary housing for resi. --
dents of the City at prices that they can afford.; (2) that such
residential ownership and development will (a) provide-for and
promote the public health, safety, morals and welfare; (b)
relieve conditions of unemployment and encourage the increase
of industry and commercial activity and economic development so
as to reduce the evils attendant upon unemployment; (c) provide
for efficient and well - planned urban.growth and development
including the elimination and prevention of potential urban
blight and the proper coordination of industrial facilities with
public services, mass transportation and residential development;
(d) assist persons of low and moderate income in acquiring and
owning decent, safe and sanitary housing which they can affoxd;
and (e) preserve and increase the ad valorem tax basis of .the -
City; (3) that in order to accomplish the foregoing public pur,
poses and benefits there Should be formed, pursuant to the
application of 0. J. Howell, Tony Campos, E. D. Reed, II.r. Nora
R. Wilder and David Gunn, and the attached Articles of
Incorporation presented therewith to this Council, a public
2
•90801 -36
Minutes of the Special Meeting - August 1, 1979
nonprofit housing finance corporation to be called "The Baytown
Housing Finance Corporation" (the "Corporation ") with authority
to carry out the public purposes for which it is incorporated,
to exercise the powers with which it is invested by the laws of
the State of Texas, this Council and its Articles of Incorporation,
including the power to issue its obligations to accomplish such
purposes and powers, as'a public instrumentality and nonprofit -
corporation to exist and act on behalf of and for the benefit of
the general public, the City and the State of Texas.
Section 2. That, having considered the application of
0. J. Howell, Tony Campos, E. D. Reed, II, Norma R. Wilder and
David Gunn -(the "Incorporators "1 attached hereto as Exhibit "A "r :
the said application of the Incorporators to this Council for
approval of the formation of the Corporation in accordance `,with
the provisions of the Act Is hereby approved; that .the Articles of
Incorporation presented to this Council by the Incorporators with
said application and attached hereto as Exhibit "B" are hereby
approved; and that the Incorporators are hereby authorized and
directed to file with the Secretary of State of the State Af Texas
duplicate originals of the Articles of Incorporation.
Section 3. That upon the issuance by the Secretary. of State
o£ a Certificate of Incorporation, the Incorporators are.hereby
authorized and directed, .i,n accordance with. the provisions -of
the Act, to call the organizational meeting of the Corporation
after having given at least three days 1. notice .thereof bX mail
to each director named in the Articles. of Incorporation, which'
notice shall state the time 'and place 'of such: 'organizational
meeting. •
Section 4. That, having giveri consideration to. the.luali,
fications of Incorporators to serve 'as directors of the Cdrpora-
tion and having determined that the public good will be furthered
by making such appointmeritsf the Incorporators are hereb)( appointed
by this Council to constitute 'the initial Board of Di.redtQrs of
the Corporation to serve, subject .to removal by the Council for
• .. 3'.
90801. -37
Minutes of the Special Meeting - August 1, 1979
cause or at will, for such terms as are stipulated in the
Articles of Incorporation.
Section 5. That upon the issuance of its Certificate of
Incorporation the existence of the Corporation-shall begin; that
the Corporation shall constitute a public instrumentality and
nonprofit corporation operating under the.name.of "The Baytown
Housing Finance Corporation "; and that the Corporation shall be
authorized, in accordance with the provisions of the Act, this
resolution and subsequent actions of the Council, and its
Articles of Incorporation to carry out the public purposes and
powers set forth .therein and herein; provided, however, that
the Council may, either upon (1) the application of the Board of
Directors of the Corporation, or (2) its own motion, by appropriate
resolutions duly adopted cause the Articles of.incorporation to
be amended to alter or change the structure, organizations powers,
programs or activities of.the Corporation and may cause the
existence of the Corporation to be terminated, subject to the
provisions of the Act and to any limitation on the impairment of
contracts entered into by the Corporation.
Section 6. That, pursuant to the provisions of the Act,.
upon the issuance by the Secretary of State of the State of
Texas of a Certificate of Dissolution of the Corporations. the
Corporation shall thereupon stand dissolved and title to all
funds and properties owned by the Corporation at the UTOejof
such dissolution shall vest in the City.
Section 7. _ That, pursuant to the provisions of the
the Corporation Shall be a public instrumentality and nonprofit
corporation existing and acting on behalf of r but :separate And
apart -from, the City, and the City shall not be •liahl'e fox any
of the obligations of the Corporation or bound by AnX. ;actz;Ons or
proceedings of the Coxporati.on except as may be 'soecifa,;callyr
assumed by the City.
4 -
'avov.L -ao
Minutes of.the Special Meeting - August 1, 1979
Section 8. That the Mayor and the City Secretary of the
City and other appropriate officials of the City are hereby
authorized and directed to execute all appropriate Certificates
and to do any and all other things necessary and /or convenient
to carry out the provisions of this resolution.
Section 9. That a duly certified copy of this resolution
shall be admissible in evidence in any suit, action or proceeding
involving the validity or enforcement of or otherwise relating
to any contract of the Corporation, and shall be deemed conclusive
proof that the Corporation has been authorized to be formed and
to transact business and exercise its powers pursuant to the
provisions of the Act.
Section 10. That this resolution and all the terms and
provisions hereof shall be liberally construed to effectuate the
purposes set forth herein and to sustain the validity of the
authorization of the formation and operation of the Corporation.
If any word, phrase, clause, sentence, paragraph, section or
other.part of this resolutions or the application thereof to any
person or circumstance, shall ever be held to be invalid or
unconstitutional by any court of competent jurisdiction, the
remainder of this resolution and the application of such �loxdr.
phrase, clause, Sentencer paragraph, Section or other part of
this resolution to any other persons or circumstances shall not .
be affected thereby.
Section 11. That .the Council has considered evidence of
the posting of notice of this meeting of the Council, and the
Council officially finds, determines, recites and declares that .
at sufficient written notice of the date, place; and hour of this ,
meeting of the Council and of the subject of this resolution was
Posted for at least two hours before this meeting was.conven�d;
that such notice was posted on a bulletin board in the -City. Mall
located at a place convenient to the. general public at all times
from the time of posting until this meeting was convened; end
"5--
90801 -39
. Minutes of the Special Meeting - August 1, 1979
that this meeting has been open to the public at all times during
which this resolution and the subject matter thereof has been
discussed, considered and formally acted upon; all as required
by the Open meetings Law, Article 6252 --17, Vernon's Annotated
Texas Civil Statutes, as amended. -The Council further ratifies,
approves and confirms such written notice and the contents and
posting thereof.
Section 12. That the Council officially finds, determines,
recites, and declares that the need for the Corporation to be
formed and begin transacting business and exercising its powers
at the earliest possible date is necessary for the immediate
preservation of health and safety and creates an emergency and
urgent public necessity; that this resolution is therefor
declared to be an. emergency measure; and that written notice of
the date, place and hour of this meeting and -the subject matter
of this resolution shall be sufficient notwithstanding that such
written notice may not have been posted for 72 hours before this
meeting was convened.
PASSED AND APPROVED this 1st day of August, 1979.
4ayor
<ATTF,ST:
.
' �, :.,
•. 1� City.. Secretary v4-ev a_,
(SEAL)
-- 6 -
•90801 -40
Minutes of the Special Meeting - August 1, 1979
ARTICLES OF INCORPORATION
OF
THE BAYTOVTN HOUSING FINANCE CORPORATION
We, the undersigned natural persons of the age of eighteen
years or more, all of whom are citizens of the State of Texas
and residents of Baytown, Texas, acting as incorporators of a
corporation under the Texas Housing Finance Corporations Act,
do hereby adopt the following Articles of Incorporation for
such corporation:
ARTICLE I
The name of the Corporation is THE BAYTOWN HOUSING FINANCE
CORPORATION.
ARTICLE II
The corporation is a public nonprofit corporation.
ARTICLE III
The duration of the corporation shall be perpetual.
ARTICLE IV
The corporation is organized solely to carry out the pur-
poses. of The Texas Housing Finance Corporations Act; provided,
however, that the corporation may not issue obligations for or
on behalf of any private or public entity other than the City
of Baytown, Texas.
• ARTICLE V
The corporation shall have no members.
ARTICLE VI
The street address of the initial registered office of
the corporation is 805 Nazro Street, Baytown, Texas, and the
name of its initial registered agent at such address is 14r.
William Eiland.,
ARTICLE VII
The number of directors constituting the initial Board
of Directors of the Corporation is five (5) and the namese
addresses and terms of office of the persons who are to serve
as the initial directors are: .
Name Term Address
M
90801 -41
Minutes of the Special Meeting - August 1, 1979
Each member of the initial Board of Directors shall hold office
for the term specified beside his or her name above or until
AMN his or her successor is appointed in the manner provided below.
Each of the initial directors resides within the City of Baytown,
Texas.
M
Directors shall be appointed by the majority vote of the City
Council. All directors shall be residents of the City of Baytown,
Texas at all times during their term of office. Each director
shall hold office for the term for which he or she is appointed
and until his or her successor shall have been appointed and
qualified. Any vacancy occurring in the board of directors
shall be immediately filled by appointment by the City Council
of the City of Baytown, Texas. A director may be removed from
office for cause or at will and no director shall be appointed
for a term in excess of six (6) years.
ARTICLE VIII
The name and street address of each incorporator are:
11ame Address
ARTICLE IX
A resolution approving the form of these Articles of In-
corporation has been duly adopted by the City Council of the
City of Baytown, Texas on August 1,'1979.
ARTICLE X
Any net earnings of the Corporation (beyond that necessary
for retirement of its indebtedness or to implement the public
purpose or purposes or program of the City of Baytown, Texas)
may not inure to the benefit of any person or entity, other
than the City of Baytown, Texas.
-2-
90801 -42
Minutes of the Special Meeting - August 1, 1979
The corporation shall not participate in or intervene in
(including the publication or distribution of statements) any
political campaign on behalf of any candidate for public office.
ARTICLE XI
Subject to any valid liens, charges or encumbrances and
the prior rights of the holders of any obligation of this
corporation and any creditors of the corporation, in the event
of dissolution of this corporation, at any time or for any
reason, title to all of the funds, properties and assets of
this corporation shall vest-in the City of Baytown, Texas; it
being intended that no officer or director of this corporation
or any other private person or entity shall ever derive or
receive any financial or pecuniary gain or profit from this
corporation on dissolution, liquidation or winding up.
ARTICLE XII
The City Council of the City of Baytown, Texas may, at its
sole discretion and at any time, either upon' (1). the application
of the Board of Directors of the Corporation, or (2) its own
motion, by appropriate resolutions duly adopted cause the Art-
icles of Incorporation to be amended to alter or change the.
structure, organization, powers, programs or activities of the
Corporation and may cause the existence of the Corporation to
be terminated, subject to the provisions of the Act and to any
limitation on the impairment of contracts entered into by the
Corporation.
IN WITNESS WHEREOF, we have hereunto Set our hands
this ' ' - day of , .1979.
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90801 -43
Minutes of the Special Meeting - August 1, 1979
Councilman Philips stated that the adoption of this reso-
lution has inherent in it that as soon as the corporation is
organized and the program is solidified, Council will be notified
as to the operating principles and rules of the corporation.
Consider Preliminary Report on Ward Road /Alexander Drive
Drainage Improvements
This item was discussed at the last meeting of Council. A
supplement to the original report has been placed at the Council
table and Mr. Johnnie Busch with the firm of Busch, Hutchison &
Associates will make the presentation to Council. Mr. Busch
touched briefly on the recent flooding in the northern portion of
the city, and recommended a project to enhance the flow charac-
teristics in the channels of both east and west forks of Goose
Creek Stream.
Mr. Busch pointed out that the type of rains that caused the
flooding on the east side of the city are not the same as those
that caused the most recent flooding. The rains that caused the
flooding on the east side were of much higher intensity. This
area of the city is highly developed which is not conducive to
permitting very much percolation into the soil. Because this
area continues to develop, the consulting engineers felt that
designs should be developed around higher frequency of rainfall
intensity to alleviate the flooding problems which are becoming
progressively worse. Mr. Busch acknowledged that what was being
recommended far exceeds available funds, but this is what needs
to be done to alleviate the problems of that area.
Mr. Lanham stated that approximately $450,000 in bond funds
are available for this project; therefore, the city would be very
limited.
Councilman Philips requested that the city engineer study
the report, sort it out, and inform Council what the most urgent
priority that could be met with remaining funds would be and for
the Administration to consider if there may be uncommitted monies
that may be applied to this project. Mr. Lanham responded that
the Administration would look at the report and come back to
Council with recommendations.
Councilman Kloesel commented that he would like to see the
list of recommendations based on flooding and that it may be
necessary for the Council to consider expanding the budget in
this area.
Consider Preliminary Report on Park Street Improvements
A preliminary engineering report for the Park Street Im-
provements was presented to Council on July 12, 1979, whereupon
Council requested information concerning the replacement of the
Park Street Bridge over Goose Creek Stream. Busch, Hutchison &
Associates, Inc. had developed three alternatives for Council
consideration as follows:
1. 39' street with storm sewer $ 899,100.00
2. Three lane roadway, storm sewer
and two lane bridge $1,176,100.00
3. Four lane roadway, storm sewer
and four lane bridge $1,544,900.00
The Administration recommended that the 39' street be constructed
with the storm sewer and to eliminate reconstruction of the
bridge, and that the project be an assessment pavement project
which would require that a hearing be held. The Highway Depart-
ment is in process of constructing Spur 201 in this vicinity
which should relieve the traffic flow on Park Street. Although
much traffic will be utilizing Spur 201 when completed, Park is a
90801 -44
Minutes of the Special Meeting - August 1, 1979
business street which means that there will continue to be a need
for Park to be in a good state of repair and the drainage is very
necessary. Mr. Lanham stated that approximately $1,100,000
remained in bond funds for this project.
Councilman Johnson questioned if it would be feasible to
reduce the width of the street with a turn lane only where
necessary? Mr. Busch pointed out that the shopping center would
need a turn lane and later in the discussion it was pointed out
that there is an apartment complex and a nursing home beyond the
shopping center that should be provided with safe ingress and
egress. Mr. Lanham pointed out that there has been inquiries
about possible development east of the nursing home.
Councilman Kloesel stated that he would like to consider a
new bridge in that area because he felt that the city would
continue to grow and Park Street would continue to have a heavy
traffic flow. Therefore, he would be considering Option No. 3.
Mr. Busch pointed out that a restricting factor in the movement
of traffic is the ability to move across the Spur 201/330 inter-
change. Traffic will always be restrictive there due to the
traffic on Spur 330 and 201. Mr. Busch stated that in all
probability a good two -lane street could handle all the traffic
that could get through and across the interchange. It would not
be realistic to consider channeling two strong lanes of traffic
through that intersection. This will force part of the traffic
to remain on Spur 201.
Councilman Cannon inquired if proposed drainage improvements
included in this project would eliminate any of the problems ex-
perienced during the last two flooding periods. Mr. Busch
responded that there have been serious drainage problems in this
area over the years. For instance, in Morrell Park water stands
in yards and on Memorial Drive water ponds in front of the Bay-
town Sun after a heavy rain. The reason the water ponds on
Memorial is that there is not sufficient channel along the south
side of Park Street to get the water to Goose Creek. There is
flooding on Pruett Street south of Park Street because the
channel is not adequate. Mr. Busch pointed out that this may be
the city's last opportunity to install necessary drainage for
this area.
Councilman Kloesel questioned if the City Council elected
Option No. 3, would this encourage the highway department to make
any modifications? Mr. Busch stated that if the Council deter-
mined that Option No. 3 was to be constructed, then certainly
there should be meetings with the highway department to determine
if something could be done to enhance the flow of traffic across
the interchange. Councilman Kloesel stated that he would like to
know what the highway department has planned for that interchange
before making a decision. Mr. Busch responded that the highway
department has indicated that the work on the interchange has
been completed.
Councilman Kloesel inquired if perhaps the County would be
willing to assist the city with the construction of the bridge?
Mr. Lanham responded that since the bridge is not part of the
state highway system, he felt that there would be no possibility
of participation on the part of the State.
Mr. Lanham suggested that the Administration put this item
on the agenda at another time and the Administration would have
maps available of what is being proposed for Spur 201. Council
had no objections.
90801 -45
Minutes of the Special Meeting - August 1, 1979
Ordinance - Amending City of Baytown Personnel Rules, Chapter
8, Section 10, Injury on the Job, to Specify Eligibility
Criteria for Receipt of Supplemental Benefits
The City of Baytown has been participating in workmen's com-
pensation coverage since 1974, and feels that the policy concerning
workmen's compensation should be more specific. The Administra-
tion recommended that the City of Baytown's Personnel Rules be
amended so that an employee who is injured on the job must report
this injury at once; complete and accurate information must be
submitted; to utilize their own physician, the employee must
permit the City doctor to communicate with their physician; the
employee must be available for inorganization or home consulta-
tion during the period of disability if requested to do so. The
employee must agree to such physical examination as the city
deems necessary. The amendment also provides for light duty
work. Disagreement between the doctors' opinions will be settled
by the City of Baytown contingent upon the above procedures.
Councilman Philips moved for adoption of the ordinance;
Councilwoman Caffey seconded the motion.
Councilman Kloesel felt that the wording having to do with
when the injury should be reported should be altered to read
within a reasonable period of time. Councilman Philips amended
the motion to include the change suggested by Councilman Kloesel.
Councilman Kloesel mentioned that normally, during a working
shift is considered a reasonable period of time, but there could
be exceptions. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2699
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AMENDING
THE "CITY OF BAYTOWN PERSONNEL RULES" RELATING TO INJURY ON THE
JOB AND RECEIPT OF SUPPLEMENTAL RECEIPTS; PROVIDING A REPEALING
CLAUSE, A SAVINGS CLAUSE, AND THE EFFECTIVE DATE HEREOF.
A ten minute recess was called, afterwhich the following
business was transacted:
Ordinance - Authorizing Final Payment to Amistad Construction
Company for W. L. Jenkins - J. C. Hollaway Park
The work has been completed. The total cost of the project
is $508,456.34. The Administration recommended authorization to
make final payment.
Councilman Johnson moved for the adoption of the ordinance;
Councilwoman Caffey seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2700
AN ORDINANCE APPROVING AND ACCEPTING DEVELOPMENT OF JENKINS-
HOLLAWAY PARK, PHASE II, BY AMISTAD CONSTRUCTION COMPANY; FINDING
THAT THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE
CONTRACT; ACCEPTING THE CONSULTING ENGINEERS' CERTIFICATE OF
FINAL ACCEPTANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID
AMISTAD CONSTRUCTION COMPANY AND PROVIDING FOR THE EFFECTIVE DATE
HEREOF.
90801 -46
Minutes of the Special Meeting - August 1, 1979
Ordinance - Authorizing Final Payment to Brown & Root, Inc.
For the 1978 Street Improvement Program
This work has been completed for a total cost of $458,698.88.
The work has been inspected and found to be satisfactory. The
Administration recommended final payment. After acceptance, the
work is under warranty for one year. In response to a question
from Council, Mr. Lanham explained that there was an overrun on
this contract of approximately $100,000, but the overrun was
anticipated; therefore, money had been set aside to cover this
expenditure in the budget and in revenue sharing.
Councilman Philips moved for the adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2701
AN ORDINANCE APPROVING AND ACCEPTING CONSTRUCTION OF THE 1978
STREET IMPROVEMENT PROGRAM BY BROWN & ROOT, INC.; FINDING THAT
THE IMPROVEMENTS ARE IN ACCORDANCE WITH THE TERMS OF THE CON-
TRACT; ACCEPTING THE CITY ENGINEER'S CERTIFICATE OF FINAL ACCEP-
TANCE; AUTHORIZING THE FINAL PAYMENT TO THE SAID BROWN & ROOT,
INC. AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Ordinance - Amending the Animal Control Ordinance
Dan Savage, Assistant City Manager and member of the Animal
Control Study Committee, reported to Council that the Committee
had held a public hearing in March, 1979 to obtain citizen input
concerning animal control. There was a goodly representation at
this hearing and a number of suggestions were made. Some of the
suggestions concerned changes to the present ordinance. Perhaps
the change which was suggested by the majority of the people who
attended the public hearing is a graduated fine schedule for vio-
lation of the city's animal control ordinance. In the proposed
ordinance is included a graduated fine scale which sets the mini-
mum fine for offenses. For the first offense the ordinance
already contains a minimum fine of $25.00. The committee is
recommending a $35.00 fine for second offense; $50.00 for the
third offense; $75.00 for the fourth; and for the fifth or more
offenses a $100.00 fine. The maximum fine that may be levied in
Municipal Court is $200.00.
The second change provides that a dog or cat may be adopted
from the shelter for a fee of $10.00 rather than the current fee
of $20.00, plus the adoptive pet owner must agree to have the dog
or cat sterilized and vaccinated for rabies. A third major
change deals with animals which are treated in a cruel manner.
At present, charges regarding cruelty to animals may only be
filed in county or district court. What is being proposed is a
provision which will allow the city's animal control officer to
impound an animal that the officer feels is being treated inhu-
manely. That would require the owner to go to the animal shelter
to bail the animal out. This is not something that will involve
a court trial, only a provision to allow the city to make some
response in cases where animals are being treated inhumanely.
The fourth change in the ordinance, as proposed, deals with
vicious animals. Presently, the ordinance dealing with animals
has no provision to deal with vicious animals. What is being
proposed is that a definition of vicious animal be added, which
definition is two unprovoked attacks on a person or another
animal. There may be some difficulty in substantiating that, but
that is something that must be dealt with in order to provide
response to a vicious animal complaint. Once the animal meets
the criteria of being declared a vicious animal, the committee
proposes that the owner of the animal be given a number of options,
such as muzzle the animal, have the animal confined so that it
90801 -47
Minutes of the Special Meeting - August 1, 1979
cannot come into contact with a person or another animal or
remove the animal from the city. Ultimately the city could take
the animal and dispose of it. These proposed changes are being
suggested as a means of dealing with the problems presented at
the public hearing.
Councilman Kloesel felt that the fine schedule should be
left to the discretion of the Municipal Court Judge.
Councilwoman Caffey moved for the adoption of the ordinance;
Councilman Cannon seconded the motion.
Councilwoman Wilbanks requested clarification of the wording
which states that any vicious animal is one that has on two
previous occasions without provocation attacked or bitten any
person or other animal. Mr. Savage responded that this meant
that on the third bite, the animal would be considered vicious.
This will involve a certain amount of judgment, as well as record
keeping. The committee's intent was to be certain that the
animal is vicious.
In response to a question from Council, Mr. Bounds explained
that the present animal ordinance provides that a person commits
an offense if he owns an animal subject to rabies and he does not
have that animal vaccinated on an annual basis. If a dog is
impounded, in order to retrieve the animal, the owner must show
proof of vaccination. The vote follows:
Ayes: Council members Philips, Wilbanks, Caffey and
Cannon
Mayor Hutto
Nays: Councilman Kloesel
Abstained: Councilman Johnson
ORDINANCE NO. 2702
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN AMENDING
CHAPTER 5, "ANIMALS," OF THE CODE OF ORDINANCES BY DEFINING AND
PROVIDING FOR THE CONFINEMENT OR DESTRUCTION OF VICIOUS ANIMALS;
PROVIDING A MINIMUM FINE FOR REPEATED OFFENSES; PROVIDING FOR THE
IMPOUNDMENT AND SALE OF ANIMALS; REPEALING ORDINANCES INCONSIS-
TENT HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED ($200.00) DOLLARS; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE HEREOF.
Ordinance - Amending the 1978 -79 Budget for Personnel Classi-
fication Changes
The Administration has been notified by the Texas Criminal
Justice Division that the City of Baytown's application for com-
puter grant has been approved. Several months ago, the position
of sergeant to operate the computer was deleted from the budget,
and the Administration indicated at that time that a request
would be made to restore this position upon notification that the
grant had actually been approved. The Administration recommended
that that position be restored to the budget.
Councilman Cannon moved for the adoption of the ordinance;
Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2703
AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BAYTOWN FOR THE
FISCAL YEAR, BEGINNING OCTOBER 1, 1978, AND ENDING SEPTEMBER 30,
1979, BY RECLASSIFYING A POLICE PERSONNEL POSITION.
x'1:1
Minutes of the Special Meeting - August 1, 1979
Ordinance - Establishing Code of Ethics for City Officials,
Employees, and Committee Members
The Administration was asked to prepare a Code of Ethics for
city officials, employees and committee members. Scott Bounds,
City Attorney, explained that the ordinance prepared is basically
an attempt to codify and clarify to some extent some of the
existing Charter and State law requirements regarding conflicts
of interest of officers of the city. The first thing that the
Code of Ethics does is define three groups of persons who act for
the city, with standards of conduct addressed accordingly. The
first group addressed is officers of the city which is any member
of the city council or any appointive member of a commission or
board established by ordinance, charter, or state law which
exercises sovereign power. Based upon this general definition, a
list of boards whose members would be considered officers of the
city was processed. Secondly, employees were defined and thirdly,
committee members were defined as persons appointed by city
council who do not fall within one of the other groups and
possess no sovereign powers. After the three groups were defined,
the standard of conduct required for each group is addressed.
Many of these provisions restate penal code provisions, charter
provisions and state law provisions that these persons would
already be obligated to follow. A more stringent standard of
conduct is provided for officers and employees of the city than
for those persons in the third group. Beyond that the ordinance
provides for a penalty or would make it a class "C" misdemeanor
to violate any of the standards of conduct provided for, and
perhaps in a few areas would require greater disclosure than
presently required.
Mr. Bounds also discussed with Council case law which deals
specifically with conflicts of interest. The case was tried in
San Antonio and dealt with a member of the electrical board for
that city entering into a contract with the water authority which
was appointed by the City of San Antonio to do electrical work
for the authority. The issue became whether the member of the
electrical board was an officer of the city and whether the board
of the water authority was a part of the city. In determining
whether the person was an officer, the court considered whether
this person had the authority to exercise sovereign powers. The
powers that that electrical board had are very similar to the
powers that the City of Baytown's Electrical Board possesses.
There were a couple of differences - -the Electrical Board of San
Antonio received annual salaries and they were required to take
an oath of office. Although the City of Baytown's board does not
have those two similarities, the court based its opinion upon
whether the board carried out a sovereign function of the city.
The court felt that the licensing powers that the Board exercised
were sufficient to make the members of the electrical board
officers of the city. The definition of officer in the proposed
Code of Ethics is based upon this court case. At the present
time, this would include a large percentage of most of the mem-
bers of committees that the city has in existence.
Councilman Kloesel explained that he was a proponent of this
Code of Ethics. He stated that he would like to have this
adopted and at the same time, he would like the Administration to
give him copies of ordinances from other cities dealing with this
subject.
Councilman Philips stated that in reading the proposed ordi-
nance, he is definitely for ethical behavior, but he wondered for
instance who would be the judge and who would be the jury and who
would be taking someone to court to have them fined $200.00 and
give an individual a court record for something as broad as some
of the hard language in the ordinance. Councilman Philips further
stated that he was concerned that this would be moving toward a
police state type situation and proposed that a conflict of
interest letter would be a better method. Each person listed in
the ordinance possessing sovereign power would be asked to read
the letter and sign same, which would put that person on his
merit to say that he understands the contents and will abide by
what is stated. Any violations that would be a breach of civil
W
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Minutes of the Special Meeting - August 1, 1979
law would be subject to court action because of that breach.
Councilman Kloesel felt that there did need to be a Code of
Ethics which listed what was expected rather than leaving these
matters strictly to judgment. Councilman Kloesel moved for
adoption of the ordinance. The motion died for a lack of second.
Mr. Lanham pointed out that the decision that the City
Attorney had spoken of earlier compels the city to notify the
board members who possess sovereign power that the city will not
be able to conduct business with that company. There are a
number of board members who do perform work for the city.
Councilman Philips concurred that a letter should be drafted
which notifies those individuals affected of the court decision
and that these individuals be requested to sign the letter to
acknowledge that the letter was read and that each individual
understands the ramifications.
Councilman Kloesel stated that by passage of the ordinance,
the Administration would be eiven some firm guidelines.
Mr. Lanham stated that the Administration would notify those
board members affected by the San Antonio decision of that
decision and its ramifications.
Ordinance - Awarding the Contract for Annual Installation of
Traffic Signal Equipment
The contract for purchase of necessary equipment has been
awarded and this contract is to have that equipment installed.
Three bids were received. The bid tabulation is attached as
Attachment "A." The low bidder is Baytown Electric Corporation.
The President of that company is Mr. Jack Whitley, a member of
the Electrical Board, who has indicated that if there is a
conflict, he will resign. The Administration recommended awarding
the contract to the low bidder with the understanding that Mr.
Whitley does have a conflict of interest and that he will resign.
Mr. Lanham stated that the Administration will be notifying
the various board members of the court case and how it affects
board members with regard to bidding on city projects, and city
personnel will be apprised of this court ruling. Councilman
Cannon moved for the adoption of the ordinance; Councilwoman
Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2704
AN ORDINANCE ACCEPTING THE BID OF BAYTOWN ELECTRIC CORPORATION
FOR INSTALLATION AND PURCHASE OF TRAFFIC SIGNAL EQUIPMENT AND
AUTHORIZING PAYMENT BY THE CITY.
Ordinance - Authorizing Final Payment to Marathon Paving,
and Accepting Construction of the Wye Drive, Lynchburg,
and Ashleyville Street Improvement Program
This work has been completed and inspected. The Adminis-
tration recommended acceptance of construction and final payment
to Marathon Paving.
Councilman Philips moved for the adoption of the ordinance;
Councilwoman Caffey seconded the motion. The vote follows:
90801 -50
Minutes of the Special Meeting - August 1, 1979
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks and Caffey
Mayor Hutto
Nays: None
Abstained: Councilman Cannon
ORDINANCE NO. 2705
AN ORDINANCE ACCEPTING THE WORK OF IMPROVING LYNCHBURG ROAD,
ASHLEYVILLE STREET, AND WYE DRIVE IN THE CITY OF BAYTOWN,,TEXAS,
UNDER A CERTAIN CONTRACT THEREFORE HERETOFORE ENTERED INTO;
FINDING AND DETERMINING THAT SUCH WORK AND IMPROVEMENTS HAVE BEEN
COMPLETED IN ACCORDANCE WITH SUCH CONTRACT AND THAT THE CITY'S
CONSULTING ENGINEERS HAVE SO FOUND AND HAVE SO CERTIFIED TO THE
CITY COUNCIL; AUTHORIZING AND DIRECTING THE PAYMENT OF THE FINAL
ESTIMATE AND THE ISSUANCE AND DELIVERY OF CERTAIN SPECIAL ASSESS-
MENT CERTIFICATES IN CONNECTION THEREWITH; AND PROVIDING FOR THE
EFFECTIVE DATE OF THIS ORDINANCE.
Ordinance - Altering the Membership of the Mechanical Board
The Administration was asked to put this item on the agenda.
If adopted, this ordinance will change the makeup of the Mechan-
ical Board by replacing the position of architect with the posi-
tion of air conditioning and /or refrigeration repairman.
Councilman Kloesel moved for the adoption of the ordinance
with the word "repairman" to be changed to "journeyman." Coun-
cilwoman Wilbanks seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2706
AN ORDINANCE AMENDING CHAPTER 16J, "MECHANICAL CODE," OF THE CODE
OF ORDINANCES OF THE CITY OF BAYTOWN TO RESTRUCTURE MEMBERSHIP OF
THE MECHANICAL BOARD.
Ordinance - Amending Chapter 11 of the Code of Ordinances by
Restructuring the Membership of the Electrical Board
Councilman Johnson requested that this item be placed on the
agenda for discussion. He had learned that the Electrical Board
felt that there is a need for an electrical engineer on the
board. Councilman Johnson concurred with the Board and there-
fore, moved that the Electrical Board be restructured to include
an electrical engineer rather than a citizen. He felt that a
technical person would be more adept at making up tests, grading,
and giving the tests. Councilman Johnson clarified that the new
position should be that of registered electrical engineer.
Mayor Hutto pointed out that this would provide for two
engineers on one board. Councilman Kloesel stated that in a
sense, the engineers are really from two entirely different areas
because the engineer now on the board is employed by Houston
Lighting & Power Company and deals mainly with the problems of
that utility.
Councilman Philips suggested that Position No. 1 be that of
a registered electrical engineer and delete that part which
states that that individual is to be employed by the city's
public utility company.
90801 -51
Minutes of the Special Meeting - August 1, 1979
Councilman Kloesel stated that the representative from
Houston Lighting and Power Company is an important link between
the utility and the city. Councilman Kloesel added that he felt
that each member of the board should have knowledge of the elec-
trical construction industry in order to contribute to decisions
to be made by the board.
Councilman Philips commented that at some point, Council
would have to ask itself what could the engineers from Houston
Lighting and Power Company possibly do to influence the business
of that company; Councilman Kloesel concurred. Councilman
Kloesel felt that the position of citizens not in the industry
should be changed to registered electrical engineer or master
electrician because persons of those professions would be know-
ledgable in the Electrical Code.
Councilman Philips stated that he felt that the Council
could locate a citizen not in the building industry who would
have knowledge in that field, in fact he had one in mind; there-
fore, he could see no problem with having the slot filled by a
citizen.
Councilman Kloesel seconded the motion made by Councilman
Johnson that the Board be restructured to include a registered
electrical engineer. The vote follows:
Ayes: Council members Johnson and Kloesel
Nays: Council members Philips, Wilbanks, Caffey and
Cannon
Mayor Hutto
Resolution No. 691 - Authorizing Transfer of Funds from Council
Contingency to Account No. 109, Library Budget
Mr. Lanham explained that it is necessary to transfer funds
to the Library Budget to cover various expenditures, with the
major items being heating and cooling. Total transfer being
requested is $5,550.00. The Administration recommended approval
of the resolution.
Councilwoman Wilbanks moved for the adoption of the resolu-
tion; Councilman Johnson seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 691
A RESOLUTION AUTHORIZING THE CITY MANAGER TO TRANSFER FIVE
THOUSAND FIVE HUNDRED FITY AND N01100 ($5,550.00) DOLLARS FROM
BUDGET ACCOUNT NO. 0101 -12 -1000, "CONTINGENCIES," TO ACCOUNTS
WITHIN THE LIBRARY BUDGET.
Resolution No. 692 - Confirming Declaration by the Civil
Defense Director of the Existence of an Emergency on
the 26th Day of July, 1979
A resolution confirming declaration by the Civil Defense
Director of the existence of an emergency on the 26th day of
July, 1979, is necessary. The Administration recommended approval.
Councilwoman Wilbanks moved for the adoption of the reso-
lution; Councilman Johnson seconded the motion. The vote follows:
90801 -52
Minutes of the Special Meeting - August 1, 1979
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
RESOLUTION NO. 692
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CONFIRMING THE DECLARATION BY THE CIVIL DEFENSE DIRECTOR WITH THE
APPROVAL OF THE CITY MANAGER OF THE EXISTENCE OF AN EMERGENCY ON
THE 26TH DAY OF JULY, 1979.
Consider Rental Fee Schedules and Policies for the Baytown
Sports Complex Recreation Center & W.L. Jenkins Park Pavilion
The Baytown Sports Complex Recreation Center and the W. L.
Jenkins Park Pavilion are ready for use. The proposed fee
schedule to be utilized at the Sports Complex Recreation Center
is based on the fee schedule used at the Civic Center. Two rooms
at the Sports Complex are approximately the same size as one room
at the Civic Center and the fees are prorated accordingly. The
fees for use of the Jenkins Park Pavilion are identical with
those set for the Roseland Park Pavilion. The Parks Board has
reviewed this proposed schedule and recommended approval; the
Administration concurred with that recommendation.
Councilman Johnson moved that the recommendation of the
Parks Board and Administration be accepted; Councilwoman Wilbanks
seconded the motion. The vote follows:
Ayes: Council members
Wilbanks, Caffey
Mayor Hutto
Nays: None
Philips, Johnson, Kloesel,
and Cannon
Consider Sanitary Sewer Problem on Kentucky Street
Councilman Kloesel had requested that this item be placed on
the agenda on emergency basis. Norman Dykes, Director of Public
Works and City Engineer, explained that from inspection it
appeared that it may be possible to correct the problem on Ken-
tucky by raising the elevation and installing a manhole to elimi-
nate the possibility of children being able to remove the lid and
throw trash in the line. He also mentioned that it could be
possible that the remainder of the line may need to be sliplined
at a later date.
Councilman Kloesel inquired if it would be possible to add
this project to the current sliplining contract, but Councilman
Cannon suggested that the Administration be allowed to attempt to
correct the situation with the installation of a manhole and
elevating the line. No objections were expressed.
Consider Authorization for City of Baytown to Make Joint Appli-
cation with the Baytown Area Water Authority for Permit to
use Harris County Right of Way
The engineers for Lockwood, Andrews & Newnam, Inc. have made
application for a permit to lay the water transmission line for
BAWA in the Lynchburg -Cedar Bayou Road right of way and they have
been notified by the county that since BAWA is a water district,
a bond would need to be posted in accordance with the bonding
schedule utilized by the county. Plans have been approved by the
county; therefore, the only consideration that remains is the
bond which would be for the amount of $330,000. However, the
county has no bonding restriction for the City of Baytown; there-
fore, if the city were to make joint application with BAWA, the
city would be acting more or less as surety for BAWA as far as
the county is concerned. Also, there is a clause in the contract
90501 -53
Minutes of the Special Meeting - August 1, 1979
which provides that the contractor will be liable for any damage
that he might cause to the roadway. The Administration recom-
mended Council authorize that the City of Baytown make joint
application with BAWA for permit to use Harris County right of
way.
Councilman Kloesel moved to accept the recommendation of the
Administration; Councilwoman Wilbanks seconded the motion. The
vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
Committee Reports
None.
Mayor Hutto recessed the open meeting into executive session
to discuss personnel matters. When the open meeting reconvened,
the following business was transacted:
Mechanical Board
Councilwoman Caffey moved that the following persons be
appointed to the Mechanical Board: Les McDonald, Oscar Young,
Joe Aylor, and Thomas Kelly. Councilman Johnson seconded the
motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
Electrical Board
Councilman Philips moved that H. L. Bridges be appointed to
the Electrical Board to fill the position of citizen not in the
construction industry; Councilman Johnson seconded the motion.
The vote follows:
Ayes: Council members
Wilbanks, Caffey
Mayor Hutto
Nays: None
Traffic Committee
Philips, Johnson, Kloesel,
and Cannon
Councilwoman Wilbanks moved that F. A. Richardson and Peter
Golla be appointed to the Traffic Committee; Councilwoman Caffey
seconded the motion. The vote follows:
Ayes: Council members
Wilbanks, Caffey
Mayor Hutto
Nays: None
Philips, Johnson, Kloesel,
and Cannon
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
APPROVED:
•
1 een a ity Clerk
\_ K a- J �0 t�)'tjj
Karen Petru, Deputy City Clerk