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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