1979 09 04 CC Minutes, Special90904 -1
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 4, 1979
The City Council of the City of Baytown, Texas, met in
special session on Tuesday, September 4, 1979, at 5:00 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 0. Hutto
Fritz Lanham
Dan Savage
Eileen P. Hall
Scott Bounds
Mayor Hutto called the special
the meeting into executive session
No action was taken concerning the
*Councilman Cannon present.
Councilman
Councilman
Councilman
Councilwoman
Councilwoman
Councilman
Mayor
City Manager
Assistant City Manager
City Clerk
City Attorney
meeting to order and recessed
to discuss personnel matters.
personnel matter.
Consider Amendments to the City Supplemental Retirement Plan,
Approval of Indemnity Agreement, and Approval of Compromise
Settlement and Release Agreement
Mayor Hutto recessed the open meeting into executive session
to discuss amendments to the Supplemental Retirement Plan,
approval of indemnity agreement, and approval of compromise
settlement and release agreement. When the open meeting recon-
vened, Councilman Cannon commented that based on the discussions
that Council had, the recommendation of the Administration, and
the concurrence of outside counsel, he moved for adoption of the
ordinance amending the Agreement and Declaration of Trust, City
of Baytown Retirement Fund and the Retirement Plan for the Em-
ployees of the City of Baytown, providing for the execution of
said amendments and providing for the effective date hereof;
Councilwoman Caffey seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
ORDINANCE NO. 2721
AN ORDINANCE AMENDING THE AGREEMENT AND DECLARATION OF TRUST- -
CITY OF BAYTOWN RETIREMENT FUND AND THE RETIREMENT PLAN FOR
EMPLOYEES OF THE CITY OF BAYTOWN; PROVIDING FOR THE EXECUTION OF
SAID AGREEMENTS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
Consider Approval of Indemnity Agreement, and Approval of
Compromise Settlement and Release Agreement
Mr. Lanham explained that this would not be done by an
ordinance but does require Council action and that is that the
Council approve the Indemnity Agreement, the approval of Compro-
mise Settlement and Release Agreement. The Administration
recommended approval.
Councilman Johnson moved for approval of Indemnity Agree-
ment, the compromise settlement, and release agreement.
90904 -2
Minutes of the Special Meeting - September 4, 1979
Councilman Kloesel commented that he would prefer to handle
these items separately. Councilman Johnson amended the motion to
include approval of the indemnity agreement only; Councilman
Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Kloesel,
Wilbanks, Caffey and Cannon
Mayor Hutto
Nays: None
In response to a question from Council, Mr. Bounds explained
that the compromise settlement and release agreement are one
document and the final action of the Council would be considered
authorizing or approving the form of the compromise settlement
and release agreement.
Councilman Johnson moved for approval of the compromise
settlement and release agreement; the motion died for lack of a
second.
Mr. Bounds explained that without action on the compromise
settlement and release agreement, the Administration and legal
counsel are in the very difficult position of not knowing what
action Council would like them to take, and he suggested that
Council recess back into executive session to discuss the item in
an attempt to reach some sought of determination.
Councilman Philips inquired if the City had addressed the
amendment to the retirement plan and the amendment to agreement
in declaration of trust. Mr. Bounds responded that those were
embodied in the ordinance.
Councilman Philips stated that some alternative solutions
needed to be advanced by the staff. Mr. Bounds responded that
the Administration and the legal counsel have presented all
possible alternatives available to the City. He further com-
mented that he would be glad to go over those with Council again.
Councilman Philips interjected that taking no action is a possi-
bility too.
Councilman Johnson moved for the approval of the compromise
settlement and release agreement; Councilman Cannon seconded the
motion and went on to explain that he had reluctantly made the
motion due to the subject matter at hand, and at a later time, he
would like to say more about it.
Councilman Kloesel moved that the compromise agreement and
the release agreement be tabled for action until the meeting the
night of September 13; Councilman Philips seconded the motion.
The vote follows:
Ayes: Council members Philips, Kloesel, Wilbanks,
Caffey and Cannon
Nays: Councilman Johnson
Mayor Hutto
Adjourn
With no further business to be transacted, Mayor Hutto
adjourned the meeting.
Karen Petru, Deputy City Clerk
APPROVED:
Eileen P. Hall, City Clerk