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1983 12 14 CC Minutes31214 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN December 14, 1983 The City Council of the City of Baytown, Texas, met in regular session on Wednesday, December 14, 1983, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Fred T. Philips Councilman Jimmy Johnson Councilman Perry M. Simmons Councilman Mary E. Wilbanks Councilwoman Roy L. Fuller Councilman Gerald Dickens Councilman Allen Cannon Mayor Fritz Lanham City Manager Larry Patterson Assistant City Manager Randy Strong City Attorney Eileen P. Hall City Clerk The meeting was called to order with a quorum present; and the invocation was offered by Mayor Cannon. After the invocation was offered, the following business was transacted: Consider Minutes for the Regular Meeting Held November 21, 1983 Councilman Philips moved for approval of the minutes for the meeting held November 21, 1983; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Receive Petitions There were no petitions presented. City Manager's Report Revenue Sharing - Revenue sharing has been approved for another three years, but the Administration has not been notified of the amount that the City will be receiving, nor has the Administration learned exactly what changes have been made in the rules for obtaining the funding. However, it is possible that one of the changes is that only one hearing will be required - -the one before the governing body. Therefore, the Administration suggested that Council authorize the scheduling of that public hearing at the January 12, 1984, Council meeting if the guidelines are received within the time frame to permit proper notice; Council had no objections. 31214 -2 Minutes of the Regular Meeting - December 14, 1983 Community Development Block Grant - The Administration has been notified by the Department of Housing and Urban Development that the City of Baytown's Community Development Block Grant allocation has been increased by 14.8 %, which means that the allocation for 1984 will be approximately $788,000. Request by Mont Belvieu to Annex in Baytown's Extra - Territorial Jurisdiction - Recently, the City Council met with represetatives of Mont Belview regarding a request by Mont Belvieu to annex territory within the City of Baytown's Extra - Territorial Jurisdiction. The Administration has been in contact with a representative of the owners regarding plans for development of the area at the southwest corner of the intersection of IH -10 and Highway 146. Ms. Humphries, representative of the owners, indicated that the plans are to sell the property along the roadways (IH -10 and Highway 146) for commercial purposes and the remainder would be residential development. She indicated that all this is dependent on the availability of utilities. There are plans for an office building on one side of the Shamrock station which is presently located in the area. There are no detailed plans that have been drawn for the area. Council requested that an item be placed on the next Council agenda to consider the request of Mont Belvieu. Cedar Bayou Park - Mayor Cannon mentioned that he had received an inquiry regarding Cedar Bayou Park. The water board out there is having some difficulty, and he had suggested that someone from that area call the City Attorney regarding collection of sewer fees. The City Attorney stated that he had received a call regarding assistance in collecting some of their delinquent bills. Since the district isn't providing the water, there is no effective way to discontinue sewer service. The City Attorney said that he really did not have an answer for the dilemma. Mayor Cannon said that the problem that is being incurred is that there is a private supplier of water, but there is a sewer district to finance sewer district bonds. There are some delinquent customers and the district has no recourse to collect. Therefore, in connection with the discussion on the request by Mont Belvieu, if Council would be interested in looking at Cedar Bayou Park, this would be a good time. Cedar Bayou Park is adjacent to that area. Mayor Cannon concluded by stating that Council could discuss that at the same time that the other area is being discussed. Mr. Lanham stated that an item in that regard will be on the next agenda. Councilman Philips suggested that the staff develop a short term alternative to extending sewer and water facilities to these areas rather than extended tie ins of large mains. Redistricting - The City Attorney will be meeting with proponents of the request to redistrict which was submitted to Council at the last meeting. The Administration will report to Council on the results of that meeting on January 12. Intersection of Park and Pruett - At a recent meeting, the staff was asked by Council to study the intersection of Park and Pruett. A copy of the results of that study was placed at the Council table. What the study indicated was that with the traffic flow as it is, in order to install protected left turns at that location, time would be taken . a 31214 -3 Minutes of the Regular Meeting - December 14, 1983 from other movements that need the time. Mr. Lanham requested that Council review the findings so that at a future time, the matter could be discussed. Gift of Trees - Council was furnished with a brochure entitled, "A Gift of Trees" that the Beautification Committee of Clean Baytown is promoting in order to have trees donated to replace those lost during Alicia; Council had no objections to the institution of this program. Building Permits - For the first eleven months of this year, the value of building permits have increased from $31,000,000 to an amount in excess of $42,000,000. The number of permits for single family residences increased from 128 to 210. Drainage - Work has been completed on Eighth Street and Windy Lane. The Windy Lane project was a result of individuals appearing regarding drainage problems in the vicinity of a mobile home park. The contractor has set the 84" corrugated metal pipe and has begun excavation of the channel on the Bayway /Baker Road drainage project; delivery of box culverts for this project is due for January. Refurbishing of Water Towers - The contractor is 95% complete on the refurbishing of the Barnes Street Water Tower and work will begin next week on the Baker Road Water Tower. Water lines on Barkuloo, Cedar Bayou Crosby and Hardin Roads - The contractor has completed work on the installation of water lines along Barkuloo, Cedar Bayou Crosby and Hardin Roads. The water lines have been tested and are now being sampled. If the samples are satisfactory, that line will be placed in service. Rollingbrook Drive Extension - The contractor is capping the bridge pilings and excavation work has begun. Lime stablization is being applied to the subgrade on the east side of Goose Creek Stream. 1983 Street Improvement Program - Since last Council meeting, work has been completed on Burnett Drive. Actually, most of the work has been completed on the entire project. Work that remains to be completed is on West Francis, Fleetwood and Nolan. The total project is about 85% complete. Questions /Comments of Council Johnnie Busch, who is one of the owners of the portion of Rollingbrook east of Garth Road was present in the audience, and in response to an inquiry from Council, explained that the owners met in the Spring and at that time agreed to have the paving performed on the east side on or before the time the city's project on the west side is completed. Therefore, the target date would probably be Spring. Mr. Busch continued that there may be some problems because the owners may decide after receipt of bids that the project is not feasible. The obligation of the owners is that this section of roadway be developed at the time the property abutting that street is 31214 -4 Minutes of the Regular Meeting - December 21, 1983 developed. Mr. Busch stated that the owners would take bids, arrange for financing, and if a majority of the group balks, the next step may be that the group will ask for some partici- pation by the city. He mentioned that Busch, Hutchison owns 31% of the property; Ray Hopper owns 31% of the property; T. O. Marshall in La Porte owns a little over 20% of the property and a Mr. Clark, an attorney in Dallas, owns approximately 15 %. The majority can make decisions. The city's engineering depart- ment has already reviewed the plans for that,section of roadway, but Mr. Busch said that those plans would be resubmitted for any comments. Mr. Busch also indicated that some of the owners really did feel that the city should participate on some basis since the project is being done earlier than originally agreed upon. Council indicated that it was absolutely necessary to have that portion of Rollingbrook east of Garth completed at the same time that the other section is completed. Norman Dykes, Director of Engineering and Public Works, in response to Council inquiry, explained that the drainage problem at Danubina and Adams will be corrected when bonds are sold to perform the planned drainage work in that vicinity. Regarding traffic, Council inquired concerning the possibility of a protected left turn off Garth at San Jacinto Mall. Mr. Lanham responded that there had been some accidents at that location, and that the mall manager was scheduled to visit with Mr. Lanham tomorrow. Another traffic problem that was mentioned is Sharon at Garth Road. Persons who reside along Sharon Road are unable to make a left turn off Sharon onto Garth Road. There is also a problem at Furrows, but no signals are provided at private enterprises. The reflectors have not been installed on Garth Road. On the section of West Jack Street that has been recently repaired, there is dried concrete that is blocking curbs and gutters. Norman Dykes stated that the contractor has not completed cleanup on that section yet. Councilman Simmons announced that in accordance with Senate Bill No. 1 which mandates that counties with 25,000 population or more provide video taping equipment for law enforcement agencies to be readily accessible to tape DWI suspects, Harris County has taken emergency bids to acquire 13 units, and Baytown is one area that will be receiving the equipment. Mr. Lanham was asked to contact the railroad company after the first of the year regarding the crossing on Airhart that is nearest to West Main. This crossing is in a state of disrepair and needs immediate attention. Mayor Cannon reported that a hearing was held in Austin today on the application for a liquor license at the K -Mart Shopping Plaza; no decision was made. He stated that he had driven down North Main improvement and one side is in the process of being opened. This will be a tremendous improvement for this area. Mayor Cannon expressed interest in the outcome of the investigation into the accident which occurred in Baytown's Extra - Territorial Jurisdiction where two trains collided. 31214 -5 Minutes of the Regular Meeting - December 14, 1983 Mr. Lanham stated that recently the City of Houston adopted an ordinance regarding repair and upkeep of railroad crossings. The Administration has received a copy of that ordinance, and the legal department will be working on an ordinance for Council consideration. Councilman Simmons commented that it would be great if Baytown could provide that the same type rubber that is used out on Decker Drive be used throughout the city. Mr. Lanham stated that that provision is in the City of Houston ordinance, but the type construction is dependent on the traffic flow. Council again inquired concerning the use of highway department right of way on Spur 201 to help alleviate drainage problems in the Nolan Road area. Mr. Lanham stated that another letter will be drafted requesting a response. Consider Approval of Sewer System Evaluation Survey for Central District and Authorize Submittal of Same to Texas Department of Water Resources Ivan Langford with Langford Engineering, Inc. reviewed for Council the fact that the city had applied for and received a Step 1 grant to prepare an infiltration /inflow analysis facility plan and an environmental document. This analysis was completed and brought to Council for approval, of terwhich the analysis was forwarded to the Texas Department of Water Resources, which department approved same. That analysis indicated under the federal guidelines that there was excessive infiltration /inflow in the Central Sewer District which comprises approximately 650,000 feet of sewer pipe. Subsequent to that and after due consideration, Council authorized requesting a grant amendment to perform what is called a systematic sewer system analysis survey. That work has been in progress since authorized by Council last April. The work has been completed and the final report is what Council has before them tonight. After review of the report, with Council concurrence, the report will be presented to the state for review and approval. The engineers should then be back by the latter part of February with the final facility plan and environmental information document which will then complete the Step 1 services for the Central Sewer District. John Davis with Langford Endineering, Inc. summarized the report for Council by explaining that about 650,000 feet of line had been investigated. About 67,000 feet of main line sewer were found to have about 2,610,641 gallons of wet weather infiltration /inflow. The report reflects that about 67,000 feet of main line sewers need to be rehabilitated and about 441 private service lines need rehabilitation, along with about 224 manholes. The cost of rehabilitation would be about $790,000. This rehabilitation program would be similar to the one just completed in the West District. The appendices in the report list where the leaks are, the degree of leak, and the rehabilitation methods which include sliplining, sealing manholes, point repairs, point repairs on service lines, raising manholes, etc. 31214 -6 Minutes of the Regular Meeting - December 14, 1983 In response to an inquiry from Council, Mr. Davis responded that the major trunk sewers are in good shape; however, the older sections of line that are 40 years old need repair. The lines in the old downtown section are leaking to the storm sewers which means cross connections -- water runs into the storm sewer and then back down into the sewer line which adds to the load on the sewer lines and doesn't allow the sewerage to get to the sewerage treatment plant. This brought to mind the fact that funds for sewer work had been included in the last bond proposal and that possibly a sale should be scheduled; therefore, Council inquired of Tom Masterson, Financial Advisor to the City, what his thoughts were on this. Mr. Masterson indicated that the market conditions are not looking good. It appears that the prime rate will be going up 1h to 2 points in the next few months. Therefore, probably it would be a good idea to go ahead with a sale as quickly as possible. Harris County had a bond sale yesterday at 9.28 %. The point was made that no bond sale was provided in the current budget. Mr. Lanham said that if the city receives the refunds that are expected due to Hurricane Alicia, there will be about $400,000 that can be transferred over to the Interest and Sinking Fund, but next year and the years after may be a problem. The picture has changed since bonds were voted in 1981. The industrial development that had been expected did not materialize so when a bond sale is planned the question of a tax rate to support those bonds should be a part of that discussion. Mr. Davis pointed out that of the $788,000, $132,000 relates to private service lines which the city would not assume responsibility for. However, there is a problem with that in that there is no mechanism to force the homeowner to replace the lines. According to grant guide- lines the best that the city can hope for is to receive 55% of the $650,000. Councilman Fuller moved to authorize the consulting engineers to forward the report to the Texas Department of Water Resources; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None Consider Proposed Resolution No. 857, Approving the Formation Of a Non - Profit Corporation for the Purpose of Purchasing or Making Student or Parent Loan Notes; Requesting Such Corporation To Act on Behalf of the City Under Chapter 53 of the Texas Education Code, and Containing Other Provisions Relating to the Subject - The Administration recommended adoption of Proposed Resolution No. 857 which would establish Harris County Higher Education Authority, Inc. to provide a mechanism for residents of Harris County or persons desiring to attend schools in Harris 31214 -7 Minutes of the Regular Meeting - December 14, 1983 County to obtain student loans. A foreign student may make application for such a loan if that student is in the United States on a permit visa. In reviewing loan applications, the income of the student's family is the controlling factor on whether a loan should be granted. Councilman Johnson moved for adoption of Resolution No. 857 with the provision that the By -Laws be amended to provide for staggered terms with the four Baytown appointees being appointed two for two years and two for one year and the County Judge's appointees being appointed two for two years and one for one year; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None A COPY OF CERTIFICATE FOR RESOLUTION, RESOLUTION NO. 857, ALONG WITH EXHIBITS ARE ATTACHED TO THE MINUTES AS ATTACHMENT A " Consider Proposed Resolution No. 858, Forming Baytown Industrial Development Corporation Randy Strong, City Attorney, reviewed the resolution and explained that if Council elected to adopt the resolution, there would be no liability on the City of Baytown's part. The responsibility would be that of the bond holders. This is the vehicle by which an industrial development corporation is formed. Council made it plain that adoption of the resolution would not mean approval /disapproval of any application which might be forthcoming as a result of the formation of this corporation. Councilman Dickens moved for adoption of Resolution No. 858; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None In response to an inquiry by Council of whether at some point in time other board members could be appointed to replace Council members, the City Attorney stated that that would not be a problem. Councilman Simmons had a problem with the wording that left it to the discretion of the board whether the Treasurer should be bonded. He felt that that should be mandatory in the event, in the future, the board is comprised of persons who are not City Council members. The City Attorney suggested that that could be amended after the corporation is organized. 31214 -8 Minutes of the Regular Meeting - December 14, 1983 A COPY OF MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF RESOLUTION NO. 858, RESOLUTION NO. 858, ALONG WITH EXHIBITS ARE ATTACHED TO THE MINUTES AS ATTACHMENT "B." Consider Proposed Resolution No. 859, Designating the City of Baytown's Representative and Alternate to General Assembly Of Houston- Galveston Area Council Councilman Simmons moved for adoption of the resolution designating Councilwoman Wilbanks as representative and Councilman Dickens as alternate; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None RESOLUTION NO. 859 A RESOLUTION APPOINTING MARY E. WILBANKS AS REPRESENTATIVE OF THE CITY OF BAYTOWN TO THE BOARD OF DIRECTORS AND THE GENERAL ASSEMBLY OF THE HOUSTON - GALVESTON AREA COUNCIL FOR THE YEAR 1983 AND GERALD DICKENS AS ALTERNATE SHOULD MARY E. WILBANKS BECOME INELIGIBLE OR RESIGN. Multimodal Transporation Planning for the Gulf Coast State Planning Region - Houston- Galveston Area Council Mayor Cannon announced the reappointment of Councilman Philips to the Multimodal Transporation Planning Committee. Councilman Philips reported that the committee is attempting to restructure so that the committee will be comprised of elected officials. Consider Proposed Resolution No. 860, Authorizing the Transfer Of Funds from Council Contingency Account to Various General Fund Accounts This item and the next item are necessary to eliminate overruns in the 1982 -83 Budget. Council had been furnished with a copy of the financial report as of the end of September which indicated a general fund balance of $483,000, and in the approved budget the estimate was about $299,000. For the water fund, the year end balance is $536,000 which is a reduction under the previous year carry -over, but that is expected with the wet summer causing water sales to be off. In order to end the 1982 -83 fiscal year with no negative balances, $27,719 is being proposed for transfer from the Council Contingency Account to various general fund accounts which are listed in the resolution. For the most part the transfer amount will cover such things as health insurance, vehicle maintenance, electrical costs and supplies. There were no major overruns. 31214 -9 Minutes of the Regular Meeting - December 14, 1983 Mr. Lanham reported that for the first two months of the 1983 -84 fiscal year, $900,000 in taxes had been collected, with the largest portion of tax collection being expected in January and that the city had been paid $250,000 above what had been expected in sales tax revenue. Not all of that can be attributed to improved business since the Comptroller's office has stepped up collection. Councilman Philips pointed out that the city ended the fiscal year with approximately $1,019,000 for the water and sewer and general funds which was far better than what had been predicted earlier in the year. Mayor Cannon pointed out that in order to assure this, spending had been curtailed. Councilman Dickens moved for adoption of the resolution; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: Councilman Philips RESOLUTION NO. 860 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE $27,719.00 FROM THE CONTINGENCY ACCOUNT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Resolution No. 861, Authorizing the Transfer of Funds from Council Contingency Account To Various Water Fund Accounts This resolution will transfer from Water Fund Overhead, $16,219 to be transferred to the various accounts listed in the resolution. The Administration recommended approval of the resolution. Councilman Dickens moved for adoption of the resolution; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None RESOLUTION NO. 861 A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO APPROPRIATE $16,219.00 FROM THE WATER FUND OVERHEAD ACCOUNT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Councilman Fuller commented that the Administration did a good job in managing the budget. 31214 -10 Minutes of the Regular Meeting - December 14, 1983 Consider Proposed Ordinance, Scheduling Hearings on Proposed Annexation of San Jacinto Cros's'ing Council had been provided with a map which reflected that the Administration is proposing to annex approximately 65.342 acres. Plans have been received by the staff for the development of a major portion of the 65.342 acres, but there are small areas that have not been included in the developers plans which the staff is recommending be annexed in order to have a more uniform annexation. This will provide for the annexation of area which property owners have not requested be annexed. Utilities are available to this area. Apartments are to be constructed in this area, along with mixed commercial. There are a few residents already located in the area. Councilman Philips moved to adopt the proposed ordinance which schedules hearings on proposed annexation of San Jacinto Crossing and adjacent property for 6:30 p.m. and 7:15 p.m. on January 12 in the Council Chamber of the Baytown City Hall. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3725 AN ORDINANCE SETTING A DATE, TIME AND PLACE FOR THE PUBLIC HEARINGS ON THE PROPOSED ANNEXATION OF SAN JACINTO CROSSING; DIRECTING THE PREPARATION OF A SERVICE PLAN; AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH PUBLIC HEARINGS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Amending the Code of Ordinances Section 2 -85, "Initial Allowance of Updated Service Credits," To Provide for 60% of the Base Updated Service and Section 2 -86 "Initial Increases in Annunities," Section b, to Provide For the Maximum Increase of 70% of the Regular Benefit Richard Hare, Director of Personnel, said that basically when this was first discussed back during the time of the budget work sessions, the objective was to tighten up the total compensation package, not only salary, but also benefits. Health insurance was updated as far as outpatient care was concerned and dental insurance was added. In the area of retirement, various options for buy back were discussed, but what resulted was that the Council wanted to make the plan stronger for all employees. This is part of that decision. The last time the City of Baytown updated service credits, which is updating the employees contributions to keep it parallel with increased inflation, was in 1979. At that time, updating was done at the 100% level. At the time that the staff asked for a printout from Texas Municipal Retirement System, it was discovered that if the city goes to 60% of what the CPIU has been, in other words this would not actually keep employees totally current with inflation, but would bring them up to within 60% of what inflation has been, this would save the city money. By doing so, the city would reamortize what was done in 1979, plus what is being done now to a 25 year period from this date. 31214 -11 Minutes of the Regular Meeting - December 14, 1983 The other item in the ordinance will increase the monthly annuities for retirees. This really impacts those people who have retired prior to 1975. Council had discussed health insurance and how important it was to do something for retirees in order that they might keep up with increased insurance costs. Two years ago Council voted to include retirees in the city's health insurance packet, and last year Council approved a $50 flat rate to assist retirees in payment of insurance premiums. This year Council elected to increase the retirees annunity by granting the 70% adjust- ment which is 70% of what the cost of living index has been since 1979. The average increases will run from 12% to 22% per monthly annunity which is significant. Item 11 will move the life insurance coverage to the Texas Municipal Retirement System for supplemental death coverage and drop the accidental death and dismemberment double indemnity clause that was in the Texas Municipal League package. The city will end up with a net savings of about $17,600 a year. That will vary as to the actual number of employees on the payroll and their salary range. Councilman Philips stated that he was retiree segment of the city obligation, any that is one thing that should be worked on budget. Councilman Philips moved for adoption which amends Section Nos. 2 -85 and 2 -86 of Ordinance; Councilman Dickens seconded the follows: interested in the 3 he felt that in the 1984 -85 of the ordinance the Code of motion. The vote Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3726 AN ORDINANCE AUTHORIZING AND ALLOWING, UNDER THE ACT GOVERNING THE TEXAS MUNICIPAL RETIREMENT SYSTEM, "UPDATED SERVICE CREDITS" IN SAID SYSTEM FOR SERVICE PERFORMED BY QUALIFYING MEMBERS OF SUCH SYSTEM WHO PRESENTLY ARE IN THE EMPLOYMENT OF THE CITY OF BAYTOWN; PROVIDING FOR THE INCREASED PRIOR AND CURRENT SERVICE ANNUITIES FOR RETIREES AND BENEFICIARIES OF DECEASED RETIREES OF THE CITY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTIONS. Mr. Lanham reported that Texas Municipal Retirement System will begin paying 11% on the deposits as of 1983, plus that board has approved retirees getting the equivalent of 1411 checks. Beginning next year, the employees' portion of the TMRS payment will be tax deferred. 31214 -12 Minutes of the Regular Meeting - December 14, 1983 Consider Proposed Ordinance, Cancelling Term Life Policy with TML and Authorizing Participation in TMRS Supplemental Death Benefit Councilman Philips moved for adoption of the ordinance; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3727 AN ORDINANCE PROVIDING FOR, UNDER THE ACT GOVERNING THE TEXAS RETIREMENT SYSTEM, PARTICIPATION OF THE CITY OF BAYTOWN IN THE SUPPLEMENTAL DEATH BENEFITS FUND TO PROVIDE CERTAIN IN- SERVICE DEATH BENEFITS FOR EMPLOYEES, AND DEATH BENEFITS FOR ANNUITANTS WHOSE LAST EMPLOYMENT BEFORE RETIREMENT WAS WITH THE CITY OF BAYTOWN; CANCELING PARTICIPATION IN THE TEXAS MUNICIPAL LEAGUE JOINT INSURANCE TRUST TERM LIFE INSURANCE POLICY; AND ESTABLISHING AN EFFECTIVE DATE FOR SUCH ACTION. Consider Proposed Ordinance, Adding Article V to Chapter 14, "Garbage, Trash and Litter," of the Code of Ordinances, to Regulate Commercial Disposal The proposed ordinance relates specifically to commercial establishments. Posted in the Council Chamber were pictures of the manner in which garbage has been handled by certain commercial establishments in the city. Most of those have been cleaned up since those photos were taken, but this gives Council an idea of the need for the ordinance. Currently, there is no ordinance which speaks specifically to the handling of garbage and trash by commercial establishments. There is one that regulates the handling of garbage at residences, but not commercial operations. This ordinance would correct that problem. The ordinance places the responsibility for the proper handling of garbage and having the proper sized containers on the property owner. The ordinance also pro- vides for a fine of up to $1,000. The legislature gave cities the right to provide for fines up to $1,000 for certain offenses. Councilman Dickens mentioned that the ordinance does not speak to the problem of dumpsters being placed so that the view of drivers is obstructed at certain intersections. This may be a problem that will need to be addressed in the traffic code or some other ordinance. Councilman Philips mentioned that he had noticed that some establishments build enclosures for their dumpsters. Mr. Lanham responded that the Administration had considered that too and is looking at such an amendment to the building ordinance. The Administration recommended approval of the ordinance. Councilman Johnson moved for adoption of the ordinance; Councilman Dickens seconded the motion. The vote follows: 31214 -13 Minutes of the Regular Meeting - December 14, 1983 Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3728 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 14, "GARBAGE, TRASH AND BRUSH," BY ADDING ARTICLE V., "COMMERCIAL WASTE DISPOSAL;" REPEALING CONFLICTING ORDINANCES; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF ONE THOUSAND AND N01100 ($1,000.00) DOLLARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. Consider Proposed Resolution No. 862, Naming that Portion Of Spur '55 I*n'side the City of Baytown, Rettilon Drive Council instructed that this item be placed on the agenda for this Council meeting. Councilman Simmons commended Mr. Enloe, the Clean City Commission, and all those that are interested in decreasing litter, but he suggested that if the section of Spur 55 within the city limits of Baytown is to be changed that since it appears that the Bascule Bridge may be permanently closed, perhaps Council would want to name that section of roadway in some fashion that would be informational in nature. He concluded his remarks by stating that Mr. Enloe had been instrumental in having certain park areas named Rettilon Parks and perhaps that could be considered. Councilman Johnson pointed to the fact that if that section of Spur 55 were named something else, this would be very confusing to those traveling in this area. He pointed to the Highway 146 /Alexander Drive problem and how confusing that is. Council took no action. Mr. Enloe thanked Council for the consideration given to the matter. Consider Final Grant Amendment to the West District EPA Grant This item was placed on the agenda to advise Council of the cost of the project. EPA has amended the contract to reflect actual costs. The EPA's share of the completed pro- ject came to $4,376,435, and the city's share of that portion that was eligible for grant assistance equaled $1,413,800. The total city's share equaled $1,504,315; the total project costs were $5,880,750. The grant that was made when the project was first discussed was based on estimated total costs of $7,178,766. Reimbursement by EPA is for actual eligible costs. The Administration recommended that Council take formal action approving the grant amendment for the record. Councilman Philips moved to approve the grant amendment to the West District EPA grant as presented by the Adminis- tration; Councilwoman Wilbanks seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None 31214 -14 Minutes of the Regular Meeting - December 14, 1983 The information presented to Council concerning the grant amendment is attached to the minutes as Attachment "C." Consider Community Development Block Grant Program Plans for The Street, Drainage and Water Improvements to Beech and Oakwood Streets There is a problem with right of way that needs to be resolved before the Administration will be ready to present the plans. Discuss Street' Ifiproyemet'ts' to Massey - Tompkins Road The 1981 Bond Program included funds for the improve- ment to Rollingbrook Drive which is underway; the program also included Caldwell Street and that project has been completed. The city sold 3.8 million in bonds and transferred $567,000 from 1975 bond funds for a total of $4,367,000 for street improvements; $202,000 was expended on Caldwell. The total estimated cost of Rollingbrook is $3,300,000 which means that there is available about $865,000 for other projects that were to be a part of the capital improvement program. This includes improvements to Massey Tompkins Road. Johnnie Busch, Consulting Engineer on the project, explained that the map posted in the Council Chamber did not necessarily represent a final design at all. The map is a schematic representation of the total concept of the project. Part of the project that the engineers feel should be accomplished first is the intersection of Massey Tompkins with North Main. The engineers are recommending that the roadway section of Massey Tompkins Road should be exactly the same as that being constructed on Rollingbrook between Garth and Decker. That is a 60 foot wide roadway with four lanes of moving traffic and one continuous left turn. This roadway is highly efficient in high density areas. The 60 foot roadway will cause the need for an 80 foot wide right of way; currently there is a 60 foot wide right of way along Massey Tompkins Road. Several years ago, the city purchased most of the right of way necessary near the intersection of Massey Tompkins with North Main. The first project would be to install the traffic control devices, the medians, the left turn slot and construct the roadway from Main Street over to the transition section. This would be constructed in concrete. The red area outlined on the map is what is needed for right of way. The developers of the industrial park have started their development to the north of where the city will be buying right of way. Council gave tentative approval to that type arrangement several months ago. 31214 -15 Minutes of the Regular Meeting - December 14, 1983 There are several ways to minimize the curve at Raccoon Drive. The engineers will study the matter more carefully and come back to Council with a definite plan. Mr. Busch stated that from a safety standpoint, the curve should be straightened as much as possible and the straightening of the curve should enhance safety for the school children. The engineers also feel that there is a need at the inter- section of State Highway 146 and Massey Tompkins to get a better angle which will make it a safer intersection. Mr. Busch said that the city really needs to begin work on right of way acquisition for the improvement. Mr. Busch, in response to certain concerns expressed by Council, mentioned that when the street is repaved the engineers will be designing channelization, separation, left turn storage, along with signalization at the highway. The Administration recommended that Council authorize Busch, Hutchison to proceed with plans and specifications for improvement at North Main and Massey Tompkins and provide field notes for right of way acquisition. Mr. Lanham men- tioned that some decision needs to be made on the section in front of the proposed industrial park. However, the Admin- istration recommended that that section be two lanes of roadway constructed of asphalt and that later when bonds are sold, the project be completed with concrete construction. The Administration also felt that it would be necessary for Council to decide if the project should be done on an assess- ment basis since this would affect right of way acquisition. Councilman Fuller expressed the feeling that the suggestion that a portion of the project be accomplished on a temporary basis would mean extra dollars and work. He felt that the street, on a temporary basis, could be left as it is and when the funds are available then the work can be accomplished as planned. Mr. Lanham pointed out that Council has committed itself in the area of the industrial park and secondly, temporary for a project of this magnitude could mean several years - -8 or 10 years. In order to cut the street down enough to put in curb and gutter, a great amount of drainage work will be required; therefore, the reason for suggesting a temporary roadway constructed of asphalt. Mr. Lanham stated that he felt that the intersection of Massey- Tompkins and North Main and the straightening of the two curves could be considered as one project; however, he felt that Busch, Hutchison needed to be authorized to firm up the plans as far as right of way is concerned so that even if right of way is not purchased immediately, building lines can be established. When Massey- Tompkins was promoted in the bond program, the project was published as being the intersection of Massey- Tompkins with North Main, straightening of the two curves and asphalt two lane construction, however, since Rollingbrook Extension project will cost less than estimated, more can be done on Massey Tompkins. Council requested that rather than make a decision on the entire project, that Busch, Hutchison begin plans for the North Main /Massey Tompkins portion of the project and that the Administration come back to Council with a resolution or something that will spell out exactly what is planned; Council concurred. 31214 -16 Minutes of the Regular Meeting - December 14, 1983 Consent Agenda The Administration requested that Council remove Items e and j from the Consent Agenda and clarified that on Item d, the Administration is now ready to recommend approval of that ordinance. Randy Strong, City Attorney, explained that the sale of the Culpepper Building is pending, and in the survey that was made because of the pending sale, it was discovered that the support columns for the upper story are actually about one foot into the public right of way. Therefore, the owners have requested that the city abandon approximately one and one -half feet. An appraisal has been made by the Tax Assessor - Collector which reflects a value of $477.52 for the parcel. Council discussed the numerous rehabilitation contracts listed on the agenda and expressed concern that the Community Development staff may not be able to oversee construction on so many projects. Council was assured that only 4 to 5 houses are rehabilitated during a month, and the reason for so many projects being on one agenda is the rescheduling of Council meetings. Council requested that the Community Development staff take photos of before and after of the projects and furnish those to Council. On Item k, the original low bidder, Baytown Electric Company, is now defunct; therefore, the Administration recommended that the bid be awarded to the second low bidder based on the unit prices quoted. Council then considered the Consent Agenda, Items a through d, Items f through i and Items k through w as follows: a. Proposed Ordinance No. 31214 -51 will provide for the abandonment of a portion of West Texas Avenue right of way. This abandonment is upon request of Kingsgate Village Inc. Utility companies have indicated they have no objections to this abandonment. Kingsgate Village, Inc. will pay the city the sum of $477.52 for this property. We recommend approval of Proposed Ordinance No. 31214 -5. b. Proposed Ordinance No. 31214 -6, will award the contract for abrasive blasting and painting of lift stations. Bids were mailed to ten vendors and four companies responded with proposals. The low bidder who met specifications is Shandee Corporation who submitted a bid of $14,835. Council has budgeted $14,780 for this work. We do not have enough funds budgeted to do all five lift stations so we recommend work be done on the four worst lift stations which are Woodlawn, W. Texas Street, Gulf Coast Hospital and Cedar Bayou. We have done considerable replacement work at the deleted lift station, Binswanger, and we feel it can wait a couple of years before it will need painting. We recommend the low bidder, Shandee Corporation, be awarded this contract. 31214 -17 Minutes of the Regular Meeting - December 14, 1983 C. Proposed Ordinance No. 31214 -7, will award the bid for fill sand for city parks. Bids were mailed to eight vendors and we received four bids. Right Way Sand Company submitted the low bid of $3,282.50. This fill sand will be used to fill holes left by trees uprooted in Hurricane Alicia in city parks. We recommend the low bidder, Right Way Sand Company, be awarded this contract. d. Proposed Ordinance No. 31214 -8, will award the bid for rotative assembly Allis Chalmers pump. We are not ready on this item. f. Proposed Ordinance No. 31214 -10, will award the annual frozen food contract. Bids were sent to three vendors and one responded. Food King submitted the low bid of $8,299.40. We recommend the low bidder, Food King, be awarded this contract. g. Proposed Ordinance No. 31214 -11, will award the annual selective herbicide contract. Bids were sent to seven vendors and four bids were received. Van Waters & Rogers submitted the low bid of $8,955. Council has budgeted $11,500 for this purchase. We recommend the low bidder, Van Waters & Rogers be awarded this contract. h. Proposed Ordinance No. 31214 -12, will award the annual mud flap contract. Bids were mailed to six vendors and one bid was received and one no -bid was received. RPW, Inc. submitted the low bid of $2,685. We recommend the low bidder, RPW, Inc. be awarded this contract. i. Proposed Ordinance No. 31214 -13, will award the contract for repair of electrical facilities at city parks. Bids were mailed to six vendors. Four bids were received. Gulf Coast Electric Company submitted the low bid of $9,625. We recommend the low bidder, Gulf Coast Electric Company, be awarded this contract. k. Proposed Ordinance No. 31214 -15, will rescind Ordinance No. 3622 and award the annual installa- tion of traffic signal equipment contract. As you recall, Ordinance No. 3622 awarded this contract to Baytown Electric Corporation. This company is no longer in business. The second low bidder was Michelle Electric, who submitted a bid at that time of $40,240. 31214 -18 Minutes of the Regular Meeting - December 14, 1983 We recommend that the award Ordinance No. 3622, be recinded and that the remainder of the contract period be awarded to Michelle Electric. 1. Proposed Ordinance No. 31214 -16, will award the housing rehabilitation contract for 513 Denby. Two bids were received. Prosper Brothers Construction submitted the low bid of $9,900. The office estimate for this repair was $10,000. This is a recommendation by the Community Development Advisory Committee at their November 15, 1983 meeting. We recommend approval of Proposed Ordinance No. 31214 -16. M. Proposed Ordinance No. 31214 -17, will award the housing rehabilitation contract for 1229 Pine Street. Three bids were received. The low bid was that of Prosper Brothers Construction for the sum of $8,951. The office estimate was $9,280. This is a recommendation of Community Development Advisory Committee. We recommend approval of Proposed Ordinance No. 31214 -17. n. Proposed Ordinance No. 31214 -18, will award the housing rehabilitation contract for 1705 Maryland. Four bids were received. The low bidder was sumbitted by Prosper Brothers in the amount of $5,576. The bid specifications for this contract indicated that the contractor at this time could only receive two projects excluding project 83- 04 -06R, which is the Denby project. The second low bidder was John Kidd who bid the amount of $5,910. The office estimate was $6,150. This is a recommendation of the Community Development Advisory Committee. We recommend approval of Proposed Ordinance No. 31214 -18. o. Proposed Ordinance No. 31214 -19, will award the housing rehabilitation contract for 514 W. Defee. Four bids were received. John Kidd submitted the second low bid of $7,765. The bid specifications on this package also allowed the contractors to receive only two projects except 513 Denby. The low bid again on this project was that of Prosper Brothers in the amount of $6,426. The office estimate on this project was $7,150. The Community Development Advisory Committee recommends the second low bidder, John Kidd, be awarded this contract. We recommend approval of Proposed Ordinance No. 31214 -19. 31214 -19 Minutes of the Regular Meeting - December 14, 1983 p. Proposed Ordinance No. 31214 -20, will award the housing rehabilitation contract for 3215 Iowa. Four bids were received. Prosper Brothers submitted the low bid of $7,733. Once again, the bid specifications only allow the contractor to do two houses excluding the project 83- 04 -06R. The second low bidder was Uranus Palton whose bid was $8,137. The office estimate for this work was $8,275. This is a recommendation of the Community Development Advisory Committee. We recommend approval of Proposed Ordinance No. 31214 -20. q. Proposed Ordinance No. 31214 -21, will award the housing rehabilitation contract for 1100 Daniel Street. Two bids were received. Uranus Palton submitted the low bid of $8,519.36. This is a recommendation of the Community Development Advisory Committee. We recommend approval of Proposed Ordinance No. 31214 -21. r. Proposed Ordinance No. 31214 -22, will award the housing rehabilitation contract for 1100 Johnston. Two bids were received. Prosper Brothers submitted the low bid of $9,800. The office estimate for this work was $9,650. This is a recommendation of the Community Development Advisory Committee. We recommend approval of Proposed Ordinance No. 31214 -22. S. Proposed Ordinance No. 31214 -23, will award the housing rehabilitation contract for 504 Harvey. Three bids were received. The low bid was submitted by Uranus Palton in the sum of $8,117.45. Again the bid specifications allow a contractor to receive only two projects from this package. Therefore, the Community Development Advisory Committee recommends that the contract be awarded to the second low bidder, D.B.A. Construction in the sum of $8,171. The office estimate for this construction was $6,870. We recommend approval of Proposed Ordinance No. 31214 -23. t. Proposed Ordinance No. 31214 -24, will award the housing rehabilitation contract for 201 Morrell. Three bids were received. D.B.A. Construction submitted the low bid of $8,431. The office estimate was $9,450. We recommend approval of Proposed Ordinance No. 31214 -24. 31214-20 Minutes of the Regular Meeting - December 14, 1983 u. Proposed Ordinance No. 31214 -25, will award the housing rehabilitation contract for 1108 Turner. Two bids were received. The low bidder was Uranus Palton for the sum of $9,713.59. This is a recommendation of the Community Development Advisory Committee. We recommend approval of Proposed Ordinance No. 31214 -25. V. Proposed Ordinance No. 31214 -26, will award the bid for continuous snapout mailers. Eight bids were mailed. Five proposals were received from various companies. The low bid was that bid of Moore Business Forms in the sum of $2,132.20. Council has budgeted $2,200 for this purchase. On your bid tabulation sheets the bid of Data Documents appears low but that was due to an error in the compilation segment. Data Documents has asked to be removed from consideration and are in the process of forwarding a letter requesting their removal from these bids and stating their error. We recommend approval of Proposed Ordinance No. 31214 -26. W, Proposed Resolution No. 863, will express the Council's support of Baytown Airport for reliever status funding through H -GAC. As you recall, a request was made at the last meeting that the Council express their support of this reliever status indicating that it would possibly provide for additional funding for necessary repairs to the Baytown Airport through H -GAC. We recommend approval of Proposed Resolution No. 863. Councilman Johnson moved for adoption of the Consent Agenda Items a through d, Items f through i and Items k through w; Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Dickens and Fuller Mayor Cannon Nays: None After Council had approved Item w on the Consent Agenda which is a resolution expressing support of Baytown Airport for releiver status funding through H -GAC, Councilman Philips reported to Council that the Airport Committee met on Tuesday and the resolution which Council adopted would urge that Baytown Airport be included as a reliever airport in the newly recommended group of airports in that FAA classification. However, Baytown was not successful. The Airport Advisory Committee selected only five airports, none of which, were in the eastern part of the H -GAC region. Councilman Philips 31214 -21 Minutes of the Regular Meeting - December 14, 1983 spoke as strongly as possible against this policy and voted against the proposal, but the motion prevailed. However, included in the motion that was adopted, was the request for a new study of air traffic demands in the eastern side of the axis between Intercontinental Airport and Hobby Airport. For this reason, Councilman Philips moved to amend the resolution to include a new Section 2 and move the existing Section 2 to Section 3. The new Section 2 would read as follows, "Houston- Galveston Area Council is hereby requested to complete a study of airport needs in the Baytown area in the first quarter of 1984." Councilman Dickens seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Wilbanks, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3729 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, PROVIDING THAT A PORTION OF WEST TEXAS AVENUE BE VACATED, ABANDONED AND CLOSED; PROVIDING FOR THE QUITCLAIMING OF THE CITY'S INTEREST IN SAID LAND; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 31214 -5) ORDINANCE NO. 3730 AN ORDINANCE ACCEPTING THE BID OF SHANDEE CORPORATION FOR THE ABRASIVE BLASTING AND PAINTING OF LIFT STATIONS AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FOURTEEN THOUSAND EIGHT HUNDRED THIRTY FIVE AND N01100 ($14,835.00) DOLLARS. (Proposed Ordinance No. 31214 -6) ORDINANCE NO. 3731 AN ORDINANCE ACCEPTING THE BID OF RIGHT WAY SAND COMPANY FOR THE PURCHASE OF FILL SAND FOR CITY PARKS AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF THREE THOUSAND TWO HUNDRED EIGHTY TWO AND 50/100 ($3,282.50) DOLLARS. (Proposed Ordinance No. 31214 -7) ORDINANCE NO. 3732 AN ORDINANCE ACCEPTING THE BID OF FISHER EQUIPMENT COMPANY, INC. FOR THE PURCHASE OF A ROTATIVE ASSEMBLY ALLIS CHALMERS PUMP AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWELVE THOUSAND FIFTY TWO AND N01100 ($12,052.00) DOLLARS. (Proposed Ordinance No. 31214 -8) ORDINANCE NO. 3733 AN ORDINANCE ACCEPTING THE BID OF FOOD KING FOR THE ANNUAL FROZEN FOOD CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF EIGHT THOUSAND THREE HUNDRED NINETY NINE AND 40/100 ($8,399.40) DOLLARS. (Proposed Ordinance No. 31214 -10) 31214 -22 Minutes of the Regular Meeting - December 14, 1983 ORDINANCE NO. 3734 AN ORDINANCE ACCEPTING THE BID OF VAN WATERS AND ROGERS FOR THE ANNUAL SELECTIVE HERBICIDE CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF EIGHT THOUSAND NINE HUNDRED FIFTY FIVE AND N01100 ($8,955.00) DOLLARS. (Proposed Ordinance No. 31214 -11) ORDINANCE NO. 3735 AN ORDINANCE ACCEPTING THE BID OF R.P.W., INC. FOR THE ANNUAL MUD FLAP CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND SIX HUNDRED EIGHTY FIVE AND N01100 ($2,685.00) DOLLARS. (Proposed Ordinance No. 31214 -12) ORDINANCE NO. 3736 AN ORDINANCE ACCEPTING THE BID OF GULF COAST ELECTRIC COMPANY FOR THE REPAIR OF ELECTRICAL FACILITIES AT CITY PARKS AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF NINE THOUSAND SIX HUNDRED TWENTY FIVE AND N01100 ($9,625.00) DOLLARS. (Proposed Ordinance No. 31214 -13) ORDINANCE NO. 3737 AN ORDINANCE REPEALING ORDINANCE NO. 3622 ACCEPTING THE BID OF BAYTOWN ELECTRICAL CORPORATION: ACCEPTING THE BID OF MICHELLE ELECTRIC FOR THE ANNUAL CONTRACT FOR INSTALLATION OF TRAFFIC SIGNAL EQUIPMENT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FORTY THOUSAND TWO HUNDRED FORTY AND N01100 ($40,240.00) DOLLARS. (Proposed Ordinance No. 31214 -15) ORDINANCE NO. 3738 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83- 04 -06R TO PROSPER BROTHERS CON- STRUCTION FOR THE SUM OF NINE THOUSAND NINE HUNDRED AND N01100 ($9,900.00) DOLLARS. (Proposed Ordinance No. 31214 -16) ORDINANCE NO. 3739 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83 -02 -07 TO PROSPER BROTHERS CON- STRUCTION FOR THE SUM OF EIGHT THOUSAND NINE HUNDRED FIFTY ONE AND N01100 ($8,951.00) DOLLARS. (Proposed Ordinance No. 31214 -17) ORDINANCE NO. 3740 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83 -04 -08 TO JOHN KIDD FOR THE SUM OF FIVE THOUSAND NINE HUNDRED TEN AND N01100 ($5,910.00) DOLLARS. (Proposed Ordinance No. 31214 -18) 31214 -23 Minutes of the Regular Meeting - December 14, 1983 ORDINANCE NO. 3741 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83 -04 -09 TO JOHN KIDD FOR THE SUM OF SEVEN THOUSAND SEVEN HUNDRED SIXTY FIVE AND N01100 ($7,765.00) DOLLARS. (Proposed Ordinance No. 31214 -19) ORDINANCE NO. 3742 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83 -04 -10 TO URANUS PALTON FOR THE SUM OF EIGHT THOUSAND ONE HUNDRED THIRTY SEVEN AND N01100 ($8,137.00) DOLLARS. (Proposed Ordinance No. 31214 -20) ORDINANCE NO. 3743 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83 -03 -12 TO URANUS PALTON FOR THE SUM OF EIGHT THOUSAND FIVE HUNDRED NINETEEN AND 36/100 ($8,519.36) DOLLARS. (Proposed Ordinance No. 31214 -21) ORDINANCE NO. 3744 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83 -03 -11 TO PROSPER BROTHERS CON- STRUCTION FOR THE SUM OF NINE THOUSAND EIGHT HUNDRED AND N01100 ($9,800.00) DOLLARS. (Proposed Ordinance No. 31214 -22) ORDINANCE NO. 3745 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83 -04-13 TO D.B.A. CONSTRUCTION FOR THE SUM OF EIGHT THOUSAND ONE HUNDRED SEVENTY ONE AND N01100 ($8,171.00) DOLLARS. (Proposed Ordinance No. 31214 -23) ORDINANCE NO. 3746 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83 -04 -14 TO D.B.A. CONSTRUCTION FOR THE SUM OF EIGHT THOUSAND FOUR HUNDRED THIRTY ONE AND N01100 ($8,431.00) DOLLARS. (Proposed Ordinance No. 31214 -24) ORDINANCE NO. 3747 AN ORDINANCE AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT #83 -03 -15 TO URANUS PALTON FOR THE SUM OF NINE THOUSAND SEVEN HUNDRED THIRTEEN AND 59/100 ($9,713.59) DOLLARS. (Proposed Ordinance No. 31214 -25) ORDINANCE NO. 3748 AN ORDINANCE ACCEPTING THE BID OF MOORE BUSINESS FORMS FOR THE PURCHASE OF CONTINUOUS SNAPOUT MAILER FORMS AND AUTHOR- IZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF TWO THOUSAND ONE HUNDRED THIRTY TWO AND 20/100 ($2,132.20) DOLLARS. (Proposed Ordinance No. 31214 -26) 31214 -24 Minutes of the Regular Meeting - December 14, 1983 RESOLUTION NO. 862 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN REQUESTING THAT THE HOUSTON- GALVESTON AREA COUNCIL DESIGNATE THE BAYTOWN AIRPORT AS A RELIEVER AIRPORT; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. For bid tabulations, see Attachments "D" through "M." Consider Proposed Ordinance, Awarding Contract for Demolition of Strucutre at 214 West Texas Mr. Lanham reported that at 214 West Texas there is a delapidated building. The Urban Rehabilitation Review Board had authorized bids be taken in order to remove said building. Bids were taken and the board recommended that the bid be awarded to the low bidder just prior to the last Council meeting. At that time, the Administration received infor- mation from the owner of the building, Junior Achievement, that a sale was pending, and they requested that the award of the contract be delayed for thirty (30) days. The award of the contract was delayed, but nothing happened as far as the sale of the property was concerned. The item was put back on the agenda, but another tentative sale is pending; therefore, representatives of Junior Achievement have re- quested an opportunity to address Council. Bill Pruett, Project Business Manager of the Baytown area for Junior Achievement of Southeast Texas, Inc., a private non - profit corporation, explained that the building in question is in a delapidated condition. The building was received by Junior Achievement as a donation. In May, a series of storms that come through collapsed the roof on the building, and at that time, Junior Achievement was advised that the roof was collapsed and there was glass on the sidewalk that needed to be cleaned up. In late June, a crew of young men erected a wall across the front of the building and cleaned up the glass making the building generally presentable and safe to the general public. Again, the city advised Junior Achievement that something beyond that needed to be done. Mr. Pruett said that Junior Achievement received two offers to purchase and took bids for repair of the structure, as well as demolition. The inspection department was notified of all bids at that time and the matter was taken to the Board of Directors for Junior Achievement, and that board decided to sell the building. The high bid was awarded, an earnest money contract was written and earnest money was deposited. The person who made the offer delayed and delayed until the earnest money contract was cancelled. What Junior Achievement is asking for now is some time to pursue the other offer and requested that the city give the new owner time to make arrangements for demolition or repair. The property will be offered for sale with the understanding that something must be done immediately with the concurrence of the city inspection department. Council concurred that Junior Achievement could have until mid - February to get the matter resolved. 31214 -25 Minutes of the Regular Meeting - December 14, 1983 Mr. Lanham mentioned that the Administration has been having a problem on some projects where the owner is told that he must bring the building up to standards or it will be removed. In some of these cases, owners have acquired building permits, but take months or even years to refurbish the building. Therefore, in the near future, the Adminis- tration will come to Council with a recommendation that a time limit be placed on these type building permits to assure that the building will be brought to standard within a given period of time. Questions /Comments From Council In response to an inquiry from Council, Jack Cramer, Chief Building Inspector, stated that with regard to property at 509 East Fayle, the staff had been having difficulty locating the owner of the property. The Administration has also been attempting to locate the owner of property at 1503 Alabama. Consider Acceptance of a Donation of Five Acres of Land for Park Purposes Councilman Dickens moved to accept the donation of five acres of land for park purposes contingent on verification that all taxes, including 1983 taxes have been paid, verifi- cation that all incumbrances have been cleared and subject to there being an easement to permit ingress and egress. Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Johnson, Wilbanks, Fuller and Dickens Mayor Cannon Nays: Councilman Philips Abstained: Councilman Simmons Recess into Executive Session to Discuss Pending Litigation The open meeting was adjourned to executive session to discuss pending litigation. When the open meeting reconvened, the Mayor announced that there was no further business to be discussed. Adjourn There being no further business to be transacted, the meeting was adjourned. S�"' i). '4�� - Eileen P. Hall, City Clerk CERTIFICATE FCR RESOLUTION STATE OF TEXAS § CITY OF BAYT00" § Attachment "A" I, the undersigned officer of the City of Baytown, Texas (the "City "), do hereby make and execute this certificate for the benefit of all persons interested in the validity of all actions and proceedings of the City. I do hereby certify as follows: 1. I am the duly chosen, qualified and acting officer of the City for the office shown beneath my signature set forth below and, in such capacity, I am familiar with the matters contained in this certificate, and I am authorized to make, execute and deliver this certificate. 2. The City Council of the City convened in Regular Session on December 14, 1983, and the roll was called of the duly constituted members of said City Council, to -wit: Allen Cannon Mayor Perry M. Simmons Council Member J irrmy Johnson Council Member Roy L. Fuller Council Member Gerald Dickens Council Member Fred T. Phillips Council Member Mary E. Wilbanks Council Member and all of said persons were present, except the following: None thus constituting a quorum. Whereupon, among other business the following was transacted at said meeting: a written RESOLUTION APPROVING THE FORMATION OF A NONPROFIT CORPORATION FOR THE PURPOSE OF PURCHASING OR MAKING STUDENT OR PARENT LOAN NOTES; REQUESTING SUCH CORPORATION TO ACT ON BS -IALF OF THE ' C I TY UNDER 0- JAPTER 53 OF THE TEXAS EDUCATION CODE; AND CONTAINING OTF-iER PROVISIONS RELATION TO THE SUBJECT. was introduced for the consideration of said City Council. It was then duly moved and seconded that said Resolution be adopted and, after due discussion, said motion, carrying with it the adoption of said Resolution, prevailed and carried. 3. The attached and following is a true, correct and complete copy of said Resolution; that the original of said Resolution is on file in the official records of the City; and that said Resolution has not been amended and is in full force and effect. 4. The persons named in the above and foregoing paragraph 2 were the duly qualified and acting members of the City Council of the City and each member of said City Council was duly and sufficiently notified officially and personally, in advance, of the date, hour, place and purpose of the aforesaid meeting, and that said Resolution would be introduced and considered for adoption at said meeting, and each of said members consented, in advance, to the holding of said meeting for such purpose. 5. Said meeting was open to the public as required by law.; and public not.ice of the date, hour, place and subject of said meeting was given as required by the Open Meetings Law, Article 6252 -17, Vernon's Texas Civil Statutes, as amended. WITNESS MY HAND AND THE OFFICIAL SEAL OF THE CITY this 14th day of DpCe r , 1983. ( SEAL) City Clerk FA RESOLUTION N0. 857 A RESOLUTION APPROVING THE FORMATION OF A NON- PROFIT CORPORATION FOR THE PURPOSE OF PURCHASING OR MAKING STUDENT OR PARENT LOAN NOTES; REQUEST- ING SUCH CORPORATION TO ACT ON BEHALF OF THE CITY UNDER CHAPTER 53 OF THE TEXAS EDUCATION CODE; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT WHEREAS, Section 103(a)(24) of the Internal Revenue Code of 1954, as amended (the "Code "), provides an exemption from federal income taxation for interest on "qualified scholar- ship funding bonds ", which Section 103(e) of the Code defines as obligations issued by a nonprofit corporation which (i) is organized and operated exclusively for the purpose of acquiring student loan notes incurred under the Higher Education Act of 1965, as amended (the "Act "), (ii) is organized at the request of a state or one or more political subdivisions thereof or is requested to exercise such powers, by.one or more political subdivisions, and (iii) is required by its corporate charter and bylaws, or by state law, to devote any income remaining after payment of expen- ses, debt service and the creation of reserves for the same, to the purchase of additional student loan notes or to pay over any such income to a state or a political subdivision thereof; and WHEREAS, the Harris County Higher Education Authority, Inc. (the "Authority ") , has been or will be organized as +a nonprofit corporation pursuant to the laws of the State of Texas, particularly Section 53.47 of the Tex-as Education Code, as amended (the "Code ") , and the Texas Non - Profit Corporation Act, Article 1396, Vernon's Texas Civil Sta- tutes, as amended, for the exclusive purpose of providing funds to purchase or to make student or parent loan notes that are guaranteed under the provisions of the Act ( "Student Loan Notes "); and WHEREAS, Section 53.47(e) of the Education Code authorizes the governing body of any city to request a nonprofit corporation organized for such purpose to exercise the powers enumerated and provided in Section 53.47 of the Education Code relating to the issuance of revenue bonds and the purchase or making of .Student Loan Notes for and on behalf of such city; and WHEREAS, the City Council of the City of Baytown, Texas (the "City "), recognizes the need for expanded sources of credit for Student Loan Notes within the area in which the City is located as a means of providing and enhancing educational opportunities in keeping with applicable state and federal laws, and desires to assist in furthering the provision and enhancement of such educational opportunities; and WHEREAS, the City Council of the City has determined to approve the formation of the Authority and the articles of incorporation and bylaws thereof, to appoint the initial members of the Board of Directors thereof, to request the Authority to act for and on behalf of the City pursuant to Section 53.47 of the Education Code, and to take certain related actions set forth more fully hereinafter; NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF BAYTOWN, TEXAS: Section 1. That the City Council of the City hereby approves the creation of the Authority. Section 2. That the City Council of the City hereby approves the articles of incorporation and bylaws of the Authority in substantially the form attached hereto as Exhibit A and Exhibit B, respectively, and authorizes the use and adoption of such articles of incorporation and bylaws by the Authority; provided, however, that any amend- ments to such articles of incorporation or bylaws shall be subject, to the further approval of the City Council of the City. Section 3. That the City Council of the City hereby requests and authorizes the Authority to act by and on behalf of the City to exercise the powers enumerated and provided in Section 53.47 of the Education Code as permitted thereunder. Section 4. That the City Council of the City hereby appoints the following named persons to serve as the members of the initial Board of Directors of the Authority (it being understood that the articles of incorporation of the Authori- ty require the approval of three (3) of such directors by the County Judge of Harris County, Texas): 2 Helen Barolak Bruce Causey Dick Dawson Billie Hinton Roy Hohl Don Wigley Bill Williams Section 5. That the Authority shall prepare a plan of doing business that conform to the requirements of Section 7 of the Act and other applicable federal and state laws, regulations and rulings, if any, which plan shall be ratified by the City Council of the City prior to the issuance of any obligations by the Authority. Section 6. That any obligations issued by the Author- ity shall be subject to the prior approval of the City Council of the City, as provided in Section 53.47(a) of the Education Code. Section 7. That the City Council of the City hereby finds, determines, recites and declares that neither the State of Texas nor any political subdivision or agency thereof (including the City) shall be obligated to pay the principal of, premium, if any, or interest on any obliga- tions of the Authority, that neither the faith, credit or taxing power of any of the foregoing is pledged to the payment of such obligations, and that the holders of such obligations shall never have the right to demand payment thereof out of money raised or to be raised by taxation. Section 8. That the City Council of the City hereby finds, determines, recites and declares that it is the purpose, intent and desire of the City in approving the formation of the Authority and its articles of incorporation and bylaws, that such actions comply with the requirements of Section 103(a)(2) and Section 103(e) of the Code, and the Internal Revenue Service rulings promulgated thereunder, to the end that the Authority shall be deemed to be acting on behalf of the City pursuant to Section 53.47 of the Educa- tion Code and that any obligations issued by the Authority shall be considered to be "qualified scholarship funding bonds" issued on behalf of the City. Section 9. That the City hereby agrees to accept any income or assets of the Authority that may be paid over or 3 distributed to or for the benefit of the Citv in accordance with the Authority's articles of incorporation and bylaws. Section 10. That the City Council of the City hereby finds and determines that the creation of the Authority is in the best interest of the City of Baytown and its inhabi- tants and is intended to accomplish a valid public purpose by assisting in providing and enhancing educational opportu- nities in keeping with applicable state and federal laws. Section 11. That the City Council of the City has considered evidence of the posting of notice of this meeting and officially finds, determines, recites and declares that. a sufficient written notice of the date, place and hour of this meeting and of the subject of this resolution was posted for at least seventy -two (72) hours before this meeting was convened; that such notice was posted on a bulletin board located at a place convenient to the general public in the City Hall of the City; that such place was readily accessible to the general public at all times from the time of each such posting until this meeting was con- vened; and 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 Texas Civil Statutes, as amended. The City Council of the City further ratifies, approves and confirms such written notice and the contents and posting thereof. PASSED AND APPROVED this December 14, 1983. ATTEST: City Secr tary or Clerk (SEAL) Mayor 4 Exhibit "A" Form of ARTICLES OF INCORPORATIOTi OF HARRIS COUNTY HIGHER EDUCATION AUTHORITY, INC. We, the undersigned natural persons, at least two of whom are citizens of the State of Texas of the age of eighteen (18) years or more, acting as incorporators of a corporation under the Texas Non - Profit Corporation Act, Article 1396, Vernon's Texas Civil Statutes, as amended, do hereby adopt the following Articles of Incorporation for such corporation: ARTICLE ONE The name of the corporation is HARRIS COUNTY HIGHER EDUCATION AUTHORITY, INC. ARTICLE TWO The corporation is a nonprofit corporation. ARTICLE THREE The duration of the corporation is perpetual. ARTICLE FOUR The corporation is organized exclusively for the educational purposes of providing funds to purchase or to make student or parent loan notes that are guaranteed under the provisions of the Higher Education Act of 1965 (Public Law 89 -329), as amended, and providing procedures for the servicing of such loans as required for continued participa- tion in the federally guaranteed loan program provided by such Act. ARTICLE FIVE The corporation shall have no members. ARTICLE SIX A. The activities of the corporation and the application of the funds and assets of the corporation shall be limited to the purposes set forth in Article Four of these articles of incorporation, but in connection therewith, the corporation shall have and possess all the powers enumerated and provided in Section 53.47 of the Texas Education Code, as amended, and all powers now or hereafter conferred by the laws of the State of Texas upon corporations organized under the Texas Non - Profit Corporation Act, Article 1396, Vernon's Texas Civil Statutes, as amended. B. All powers of the corporation shall be vested in a Board of Directors consisting of seven (7) persons, each of whom shall be appointed by written resolution of the governing body of the City of Baytown, Texas; provided, however, that three (3) of the persons so appointed shall be approved in writing by the County Judge of Harris County, Texas. Four of the initial directors named in Article Eight hereof, including two of those approved by the County Judge of Harris County, Texas, shall serve for a term of two (2) years or until his or her successor is appointed as provided herein. Three of the initial directors named in Article Eight hereof, including one of those approved by the County Judge of Harris County, Texas, shall serve for a term of one (1) year or until his or her successor is appointed as provided herein. The Board of Directors, at its organizational meeting, shall determine by lot which initial directors shall serve two -year terms and which initial directors shall serve one -year terms and shall cause a record of same to be entered into the minutes of said meeting. Each subsequent director shall serve for a term of two (2) years or until his or her successor is appointed as aforesaid. Any director may be removed from office at any time, with or without cause, by written resolution of the governing body of the City of Baytown, Texas; provided, however, that any director who was appointed with the approval of the County Judge of Harris County, Texas, as aforesaid, may be so removed only with the written consent of the County Judge of Harris County, Texas. Any vacancy occurring on the Board of Directors, whether by resignation or otherwise, shall be filled by appointment of a successor by written resolution of the governing body of the City of Baytown, Texas; provided, however, that if such vacancy relates to a director who was appointed with the approval of 2 W the County Judge of Harris County, Texas, the successor shall be approved in writing by the County Judge of Harris County, Texas. C. Any income of the corporation (after payment of expenses, debt service and the creation of reserves for the same) shall be devoted to the purchase of additional student or parent loan notes or shall be paid over to the City of Baytown, Texas. D. Upon dissolution or liquidation of the corporation, all assets and properties belonging to it at such time shall be distributed to or for the benefit of the City of Baytown, Texas. E. Regardless of any other provision of these articles of incorporation or of the laws of the State of Texas, the corporation shall not: (1) permit any part of the net earnings of the corporation to inure to the benefit of any private shareholder or individual except that reasonable compensation may be paid for personal services rendered to or for the corporation affecting one or more of its purposes; (2) carry on propaganda or otherwise attempt to influence legislation; (3) participate in or intervene in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office; or (4) attempt to influence the outcome of any specific public election or to carry on, directly or indirectly, any voter registration drives. F. If the corporation is a private foundation within the mear_ing of Section. 509(a) of the Internal Revenue Code 4 of 195, as amended (the "Code "), the corporation: (1) shall distribute its income for each taxable year at such time and in such manner as not to become subject to the tax on undistributed income imposed by Section 4942 of the Code; (2) shall not engage in any act of self- dealing as defined in Section 4941(d) of the Code, or corresponding provisions of any subsequent federal tax law; (3) shall not retain any excess business holdings as defined in Section 4943(c) of the Code, or corresponding provisions 'of any subsequent federal tax laws; (4) shall not make any investments in such manner as to subject it to tax under Section 4944 of the Code, or corresponding provisions of any subsequent federal tax laws; and (5) shall not make any taxable expenditures as defined in Section 4945(d) of the Code, or corresponding provisions of any subsequent federal tax laws. 3 G. These articles of incorporation may be amended at any time and from time to time by the Board of Directors with the prior approval of the governing body of the City of Baytown, Texas. H. All other matters pertaining to the internal affairs of the corporation shall be governed by the bylaws of the corporation,'so long as such bylaws are not inconsis- tent with these articles of incorporation or any law of the State of Texas. ARTICLE SEVEN The street address of the initial registered office of the corporation is 2401 Market Street, Baytown, Texas 77520, and the name of its initial registered agent'at such address is Eileen Hall. ARTICLE EIGHT The number of directors constituting the initial board of directors is seven (7) and the names and addresses of the persons who are to,serve as the initial directors are: Name Address Helen Barolak 3027 Terry Lane Baytown, Texas 77521 Bruce Causey 1705 East Texas Avenue Baytown, Texas 77520 Dick Dawson 501 Ward Road Baytown, Texas 77520 Billie Hinton 2102 Rosille Drive Baytown, Texas 77520 Roy Hohl 1414 West Main Tomball, Texas 75375 Don Wigley 119 Sage Road Houston, Texas 77056 Bill Williams 4600 Gulf Freeway, Suite Houston, Texas 77023 4 300 iW ARTICLE NINE The name and street address of each incorporator is: Name Michael Jungman Susan G. Conway Susan G. Wigley Address 1800 InterFirst Towp r Austin, Texas 78701 1800 InterFirst Tower Austin, Texas 78701 1800 InterFirst Tower Austin, Texas 78701 IN WITNESS WHEREOF, we have hereunto set our hands this day of , 1983. STATE OF TEXAS § COUNTY OF HARRIS § Before me, a notary public, on this day personally appeared , , and known to me to be the persons whose names are subscribed to the foregoing document and, being by me first duly sworn, severally declared that the statements therein contained are true and correct. Given under my hand and seal of office this day of , A.D., Notary Public, State of Texas My commission expires: 5 Exhibit "B" Form of BYLAWS OF HARRIS COUNTY HIGHER EDUCATION AUTHORITY, INC. ARTICLE I BOARD OF DIRECTORS Section 1.01. Powers, Number and Term of Office. All - powers of the Harris County Higher Education Authority, Inc. (the "Authority ") , shall -be vested in a Board of Directors consisting of seven (7) persons, each of whom shall be appointed and hold office in accordance with the provisions of Article Six of the Articles of Incorporation of the Authority (the "Articles of Incorporation "). Section 1.02. Place of meetings. The Board of Directors may hold -its meetings at such place or places within or without the State of Texas as the Board of Directors may from time to time determine. Section 1.03. Regular Meetings. Regular meetings of the Board of Directors may be held at such times as shall be designated by the president of the Authority and /or as designated by resolution of the Board of Directors. Section 1.04. Special Meetings. Special meetings of the Board of Directors r „ay be held whenever called by the president or the secretary of the Authority or by a majority of the directors then in office or upon request by the governing body of the City of Baytown, Texas (the "City ") , or the County Judge of Harris County, Texas (the "County "). Section 1.05. Notice of Meetings. Notice of each meeting of the Board of Directors shall be given as required by the Open Meetings Law, Article 6252 -17, Vernon's Texas Civil Statutes, as amended. Section 1.06. Quorum. A majority of the Board of Directors fixed by the. Articles of Incorporation shall constitute a quoruir, for the consideration of any matter pertaining to the purposes of the Authority. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board of Directors. Section 1.07. Conduct of Business. At the meetings of the Board of Directors matters pertaining to the purposes of the Authority shall be considered in such orders as the Board of Directors may from time to time determine. At all meetings of the Board of Directors, the president of the Authority shall preside, and in the absence of the president, the vice president of the Authority shall exercise the powers of the president. In the absence of both the president and the vice president, a chaiman for the meeting shall be chosen by the Board of Directors from among the directors present. The secretary of the Authority shall act as secretary of all meetings of the Board of Directors, and in. the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting. Section 1.08. Executive Committee. The Board of Directors, by resolution adopted by a majority of the directors in office, may designate two (2) or more directors to constitute an executive committee. To the extent provi- ded in such resolution, such executive committee shall have and may exercise all the authority of the Board of Directors in the management of the Authority, except when action by the Board of Directors is required by law. The executive committee so designated shall keep regular minutes of the transactions of its meetings, shall cause such minutes to be recorded in books kept for such purpose in the office of the Authority, and shall report the same to the Board of Directors from time to time. The executive committee so designated shall give notice of its meetings as provided in Section 1.05 hereof, and to each member of the Board of Directors in person or by mail, telegraph or telephone. Section 1.09. Compensation of Directors. Directors. shall not receive any salary or compensation for their services, except that they may be reimbursed for their actual expenses incurred in the performance of their duties hereunder. Section 1.10. Oath of Office. Each person• appointed in accordance with the provisions of Article Six of the Articles of Incorporation of the Authority to be a member of the Board of Directors of the Authority shall accept such appointment and shall take an oath of office in substantially the following form, or in such other form as E may be prescribed under the Constitution and laws of the State of Texas: I, (Name of Director) , do solemnly swear (or affirm), that I will faithfully execute the duties of the office of Director of the Harris County Higher Education Authority, Inc., and will to the best of my ability preserve, protect,. and defend the Constitution and laws of the United States and of this State and I furthermore solemnly swear (or affirm) that I have not directly nor indirectly paid, offered, or promised to pay, contributed, nor promised to contribute any money, or valuable thing, or promised any public office or employment, as a reward to secure my appointment or the confirmation thereof. ARTICLE II OFFICERS Section 2.01 Titles and Terms of Office. The officers of the Authority shall be a president, a vice president, a secretary and a treasurer, and such other officers as the Board of Directors may from time to time elect or appoint. One person may hold more than one office, except that the president shall not hold the office of secretary. All officers shall be subject to removal, with or without cause, at any time, by a vote'of a majority of the directors fixed by the Articles of Incorporation. A vacancy in the office of any officer shall be filled by a majority of the directors fixed by the Articles of Incorporation. Section 2.02. President. The president shall be a member of the Board of Directors, shall be the chief execu- tive officer of the Authority and, subject to the Board of Directors, shall in general supervise and control the properties and a-'fairs of the Authority. The president shall preside at all meetings of the Board of Directors. In furtherance of the purposes of the Authority, the president may sign and execute in the name of the Authority all bonds, notes, deeds, conveyances, franchises, assignments, mort- gages, contracts and other obligations and instruments of 3 the Authority that except in cases in shall be expressly these bylaws or by of the Authority. other duties presc Directors. the Board of Directors has authorized, which the signing and execution thereof delegated by the Board of Directors, by statute, to some other officer or agent The president also shall perform all ribed from time to time by the Board of Section 2.03. Vice President. The vice president shall be a member of the Board of Directors and shall exercise the powers of the president during that officer's absence or inability to act. Any action taken by a vice president in the performance of the duties of the president shall be conclusive evidence of the absence or inability to act of the president at the time such action was taken. The vice president also shall have such powers and perform such other duties prescribed from time to time by the Board of Directors or assigned by the president. Section 2.04. Secretary. The secretary shall keep the minutes of all meetings of the Board of Directors in books provided for that purpose and shall attend to the giving and serving of all notices in accordance with the provisions of these bylaws and as required by law. The secretary shall be the custodian of the corporate books, records, documents and instruments of the Authority (except the books of account and the financial records and securities, which shall be in the charge and custody of. the treasurer) , of such other books and papers as the Board of Directors may direct, and of the seal of the Authority. Such books, records, docu- ments and instruments shall be open -to inspection upon request.at the office of the Authority during normal busi- ness hours. In furtherance of the purposes of the Authori- ty, the secretary may sign with the president in the name of the Authority and /or attest the signature of the president to all bonds, notes, deeds, conveyances, franchises, assign- ments, mortgages, contracts and other obligations and instruments of the Authority that the Board of Directors has authorized and in general shall perform all duties incident to the office of secretary, subject to. the control of the Board of Directors. Section 2.05. Assistant Secretaries. Each assistant secretary elected or appointed by the Board of Directors shall have the usual powers and duties pertaining to the office of assistant secretary, together with such other powers and duties as may be assigned by the Board of a Directors or the secretary. The assistant secretaries shall exercise the powers of the secretary during that officer's absence or inability to act. Any action taken by an assis- tant secretary in the performance of the duties of the secretary shall be conclusive evidence of the absence or inability to act of the secretary at the time such action was taken. Section 2.06. Treasurer. The treasurer shall have charge and custody of and shall be responsible for all the funds and securities of the Authority that come into his hands. When necessary or proper, the treasurer may endorse for collection, on behalf of the Authority, checks, notes and other obligations and shall deposit such obligations to the credit of the Authority in such bank, banks or deposi tories as shall be designated, in the manner prescribed by the Board of Directors. The treasurer may sign all receipts and vouchers for payments made to the Authority, either alone or jointly with such other officers as may be designa- ted by the Board of Directors. The treasurer regularly shall enter or cause to be entered in the books of the Authority to be kept by him for that purpose full and accurate accounts of all monies received and paid out on account of the Authority and, whenever required by the Board of Directors, shall render a statement of the cash accounts of the Authority. The treasurer also shall perform all other acts incident to the office of treasurer, subject to the control of the Board of Directors, and such other duties as may-be assigned from time to time by the president or the Board of Directors. The treasurer shall, if and to the extent required by the Board of Directors, give bond for the faithful discharge of his duties as treasurer. Section 2.07. Assistant Treasurers. Each assistant treasurer elected or appointed by the Board of Directors shall have the usual powers and duties pertaining to the office of assistant treasurer, together with such other powers and duties as may be assigned to him by the Board of Directors. The assistant treasurers shall exercise the powers of the treasurer during that officer's absence or inability to act. Any action taken by an assistant trea- surer in the performance of the duties of the treasurer shall be conclusive evidence of the absence or inability to act of the treasurer at the time such action was taken. The assistant treasurers shall, if and to the extent required by the Board of Directors, give bond for the faithful discharge of their duties as assistant treasurer. 5 Section 2.08. Resignations. Any officer or director of the Authority may resign at any time. Any such resigna- tion, however, shall be made in writing and shall not take effect unties the successor to such officer or director shall have been elected or appointed and shall have qualified. Section 2.09. Compensation. Officers of the Authority shall not receive any salary or compensation for their services, except that they may be reimbursed for their actual expenses incurred in the performance of their duties hereunder. ARTICLE III FINANCIAL TRANSACTIONS AND ACCOUNTING PROCEDURES Section 3.01. Contracts, Checks and Drafts. The Board of Directors may authorize any of its officers or agents to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Authority and to sign any note, check, draft or order for the Payment of money, or other evidence of indebtedness issued in the name of the Authority, in such manner as the Board of Directors shall determine from time to time by resolution. Such authority may be general or confined to specific trans- actions. Section 3.02 Deposits. All funds of the Authority not otherwise lawfully invested shall be deposited from time to time to the credit of the Authority in a bank selected as a depository of the funds of the Authority in accordance with the requirements of law. Section 3.03. Gifts. The Board of Directors may accept on behalf of the Authority any contribution, gift, bequest or device for the general purposes or for any special purpose of the Authority. Section 3.04. Fiscal Year. The fiscal year of the Authority shall be as determined by resolution of the Board of Directors. Section 3.05. Accounting Procedures. Accounts of the activities of the Authority in funding or financing, or arranging for the funding or financing, of student or parent 0 loans shall be kept in accordance with generally accepted accounting practices. At such time as the Authority- has income, an annual audit of the books and records of the Authority shell be made by an independent certified public accountant. Section 3.06. Net Income. Any income of the Authority (after payment of expenses, debt service and creation of reserves for the same) shall be devoted to the purchase of additional student or parent loan notes or shall be paid over to or for the benefit of the City. ARTICLE IV EFFECTIVE DATE, AMENDMENT AND INTERPRETATION OF BYLAWS Section 4.01. Effective Date. These bylaws shall become effective upon their adoption by the Board of Direc- tors of the Authority following their approval by the governing body -of the City. Section 4.02. Amendments to Bylaws. These bylaws may be amended by a resolution of a majority of the directors present at any regular meeting or any special meeting at which a quorum of the Board of Directors is present, if at least two (2) days' written notice to directors is given of intention to amend the bylaws at such meeting. Such adopted amendments shall become effective only upon approval by the governing body of the City. Section 4.03. Interpretation. of Bylaws. These bylaws and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein. If any portion of these bylaws, or the application thereof to any person or circumstance, ever shall be held to be invalid or unconstitutional by any court of- competent jurisdiction, the remainder of these bylaws and the application of such portion of these bylaws to az) %, other person or circumstance shall not be affected thereby. 7 ARTICLE V GENERAL PROVISIONS Section 5.01. Principal Office. The principal office of the Authority shall be located in the County, at such place as the Board of Directors shall determine by resolution. The Authority may have such other offices either within or without the County as the Board of Directors may direct and as the business affairs of the Authority may require. Section 5.02. Registered Office and Agent. The Authority shall have and maintain continuously in the State of Texas a registered office and a registered agent whose business office is identical with such registered office. The registered office may be, but need not be, identical with the principal office of the Authority. The registered agent and the registered office may be changed from time to time by the Board -of Directors, in accordance with any applicable requirements of law. Section 5.03. Waiver of Notice. Whenever any notice whatsoever is required to be given under the provisions of law, the Articles of Incorporation or these bylaws, such notice shall be deemed to be sufficient if given by deposi- ting such notice in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his post office address, as it appears on the books of the Authority, and such notice shall be deemed to have been given on the day of such mailing. Attendance of a director at a meeting of the Board of Directors of the Authority shall constitute a waiver of notice of such meeting, except when a director attends a meeting for the express purpose of objecting to the transaction of any business: on the ground that the meeting is not lawfully called or convened. Neither the business to be transacted nor the purpose of any regular or special meeting of the Board of Directors needs to be specified in the notice or waiver of notice of such meeting, unless required by the Board of Directors. A waiver of notice in writing, signed by the person entitled to said notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Section 5.04. Books and Records. The Authority shall keep correct and complete books and records of account and 8 shall keep minutes of the proceedings of its Board of Directors. All such books, records and minutes shall be available for inspection. by any director or officer or a duly author.--ed representative thereof or by any duly authorized representative of the City or the County, and shall also be available in accordance with the requirements of the Open Records -Act, Article 6252 -17a, Vernon's Texas Civil Statutes. L �j Attachment "B" MINUTES AND CERTIFICATION PERTAINING TO PASSAGE OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND APPROVING THE CREATION OF AN INDUSTRIAL DEVELOPMENT CORPORATION PURSUANT TO THE DEVELOPMENT CORPORATION ACT OF 19791 AS AMENDED, ARTICLE 5190.6, VERNON'S ANNOTATED TEXAS CIVIL STATUTES; APPROVING THE ARTICLES OF INCORPORATION AND APPOINTING THE INITIAL DIRECTORS THEREOF; APPROVING THE BYLAWS AND LOCAL REGULATIONS THEREOF; AND CONTAINING OTHER PROVISIONS AND MAKING CERTAIN FINDINGS RELATING TO THE SUBJECT STATE OF TEXAS § CITY OF BAYTOWN § On this the la day of December , 198 _L, the City Council of the City of Baytown, Texas (the "Governing Body "), convened in Regular Meeting at the regular meeting place thereof, the meeting being open to the public and notice of the meeting giving the date, place and subject thereof having been posted as prescribed by Article 6252 -17, Vernon's Aruiotated Texas Civil Statutes, and the roll was called of the duly constituted officers and members of the Governing Body, which are as follows, to -wit: Mary L Wilbanks Fred T: Philips Jimmy Johnson Perry M. Simmons Roy L. Fuller Gerald Dickens Councilwoman Councilman Councilman Councilman Councilman Councilman Allen Cannon !Mayor and all of such persons were present, except the following absentees: HnnP , thus constituting a quorum. Whereupon, among other business, the following was transacted, to -wit: A written resolution bearing the following caption was introduced: A Resolution of the City Council of the City of Baytown, Texas, Authorizing and Approving the Creation of an Industrial Development Corporation Pursuant to the Development Corporation Act of 1979, as amended, Article 5190.6, Vernon's Annotated Texas Civil Statutes; Approving the Articles of Incorporation and Appointing the Initial Directors Thereof; Approving the Bylaws and Local Regulations Thereof;. and Containing Other Provisions and Malting Certain Findings Relating to the Subject The Resolution, a full, true and correct copy of which is attached hereto, was read and reviewed by the Governing Body. Upon motion duly made and seconded, the Resolution was finally passed and adopted by the following vote: AYES: Council members Philips, Johnson, Simmons, Wi 1 banks, Dickens and Fuller; Mayor Cannon NOES: None The Presiding Officer then declared the Resolution passed and approved and signed the same in the presence of the Governing Body. MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT and to correctly reflect the duly constituted officers and members of the Governing Body, and the attached and following copy of said Resolution is hereby certified , to be a true and correct copy of an official copy thereof on file among the official records of the City of Baytown, all on this DQS mb r _IA, 198. eft& Authorized Officer ATTEST: Authorized Officer [SEAL] RESOLUTION NO. 858 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, • AUTHORIZING AND APPROVING THE CREATION OF AN INDUSTRIAL DEVELOPMENT CORPORATION PURSUANT TO THE DEVELOPMENT CORPORATION ACT OF 1979, AS AMENDED, ARTICLE 5190.6, VERNON'S ANNOTATED TEXAS CIVIL STATUTES; APPROVING THE ARTICLES OF INCORPORATION AND APPOINTING THE INITIAL DIRECTORS THEREOF; APPROVING THE BYLAWS AND LOCAL REGULATIONS THEREOF; AND CONTAINING OTHER PROVISIONS AND MAKING CERTAIN FINDINGS RELATING TO THE SUBJECT WHEREAS, the Development Corporation Act of 1979, as amerided, Article 5190.6, Vernon's Annotated Texas Civil Statutes (the "Act "), authorizes this City Council, upon receipt of a proper application requesting such action, to authorize and approve the creation and organization of an industrial development corporation to act on behalf of the City of Baytown, Texas (the "Unit "), for the purpose of promoting and developing commercial, industrial and manufacturing enterprises in order to promote and encourage employment and the public welfare; and WHEREAS, the Act authorizes any such nonprofit corporation thus created to issue obligations on behalf of the Unit; and WHEREAS, pursuant. to the Act, not fewer than three natural persons, each of whom is at least 18 years of age and is a qualified elector of the Unit, have filed with this City Council their %Titten application (the "Application ") requesting that the Unit authorize and approve the creation of an Industrial Development corporation under the Act to act on behalf of the Unit; and WHEREAS, this City Council has found and determined that all prerequisites of law have been satisfied; and WHEREAS, the City Council by this Resolution intends to take all steps necessary and prerequisite to the creation of the corporation; and WHEREAS, this meeting is open to the public as required by law, and public notice of the time, place and purpose of this meetbig was given as required by Article 6252 -17, Vernon's Annotated Texas Civil Statutes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1. That the findings and declarations contained in the preambles of this Resolution are incorporated herein as part of this Resolution. Section 2. That this City Council hereby finds and determines that it is advisable and in the public interest and benefit that a corporation, to be named the "Baytown Industrial Development Corporation" (the "Issuer "), be authorized and created with the powers granted in the Act to act on behalf of the Unit as its duly constituted authority and instrumentality for the public purposes defined in the Act. Section 3. That this City Council hereby approves the Articles of Incorporation (the "Articles ") for the Issuer in substantially the form attached hereto as Exhibit A and authorizes the incorporators thereof to file the Articles with the Secretary of State in accordance with the Act; provided that, in the event the name chosen for the Issuer is not available, the incorporators are authorized to change the name without the further approval of this City Council. Section 4. That this City Council hereby appoints those persons named in the Articles, each of whom on the date of his appointment is duly qualified in accordance with the Act, to serve as the initial members of the Board of Directors of the Issuer, such service to be at all times subject to the powers of the Unit under the Act and the Articles. Section 5. That any and all bonds, notes or other similar obligations issued by the Issuer shall contain a provision, condition or recital substantially to the effect that they shall never be deemed to be or create an indebtedness or liability or a special, general or moral obligation payable out of any funds of the Unit and that they shall be payable solely out of funds and properties of the Issuer pledged thereto. Section 6. That it is intended that the Issuer be a duly constituted authority and instrumentality of the Unit within the meaning of regulations and revenue rulings of the Treasury Department of the Internal Revenue Service of the United States promulgated under Sections 103 and 115 of the Internal Revenue Code of 1954, as amended. Section 7. That this City Council hereby approves the Bylaws for the Issuer in substantially the form attached hereto as Exhibit B. Section 8. That this City Council hereby approves the Local Regulations for Receiving and Approving Applications for Financial Participation in Development Projects (the "Local Regulations") in substantially the. form attached hereto as Exhibit C. Section 9. That this Resolution shall take effect immediately from and after its adoption. PASSED AND APPROVED this ATTEST: i Authorized Officer [SEAL] December 14 _, 198 3. Authorized Officer ARTICLES OF INCORPORATION OF BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION We, the undersigned natural persons, each of whom is qualified as an incorporator of a corporation under the Development Corporation Act of 1979, as amended, Article- 5190.6, Vernon's Annotated Texas Civil Statutes (the "Act "), do hereby adopt the following Articles of incorporation for such corporation: ARTICLE I The name of the Corporation is BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION (the "Corporation "). ARTICLE U The Corporation is a nonprofit corporation. ARTICLE III The duration of the Corporation is perpetual. ARTICLE 1V The Corporation is organized solely for the purposes of promoting and developing commercial, industrial and manufacturing enterprises to promote and encourage employment and public welfare, all to be done as the duly constituted authority of the Unit, and the Corporation may exercise all powers granted under the Act, including the issuance of bonds on behalf of the City of Baytown, Texas (the "Unit"). Such bonds shall not constitute an obligation of the Unit, but shall be payable solely out of the revenues and receipts derived from the projects financed by the bonds. The Unit shall never be liable for the payment of principal or interest on any bonds issued by the Corporation. ARTICLE V The Corporation shall have no members and is a nonstock corporation. The street address is 2401 Market Street;., the initial registered agent a ARTICLE VI tof the initial registered office of the corporation Baytown, Texas 77520 and the name of such address is Eileen P. Ha 1 EXHIBIT A ARTICLE VII All powers of the Corporation shall be vested in a Board of Directors, each of whom shall be appointed by written resolution of the governing body of the Unit. The number of Directors and the terms of office shall be fixed by the bylaws of the Corporation consistent with the provisions of the Act. The Directors shall serve without compensation except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. All other matters pertaining to the internal affairs of the Corporation shall be governed by the bylaws of the Corporation so long as such bylaws are not inconsistent with these Articles of Incorporation or any law. Such bylaws and any amendments thereto shall be approved by the governing body of the Unit. ARTICLE VIII The number of directors constituting the initial Board of Directors is seven . The names and addresses of the initial directors are: NAME: Allen Cannon Mary E. Wi1banks Fred T. Philips Jimmy Johnson Perry M. Simmons Roy L. Fuller ADDRESS: P. 0. Box 424, P. 0. Box 424, P. 0. Box 424, P. 0. Box 424, P. 0. Box 424, P. 0. Box 424, Baytown, Baytown, Baytown, Baytown, Baytown, Baytown, Texas 77522 Texas 77522 Texas 77522 Texas 77522 Texas 77522 Texas 77522 uerald Dickens P. 0. Box 424, Baytown, Texas 11522 ARTICLE IX The names and street addresses of the incorporators are: NAME: ADDRESS: Fritz Lanham P. 0. Box 424, Baytown, Texas 77522 Larry Patterson P. 0. Box 424, Baytown, Texas 77522 Randy Strong P. 0. Box 424, Baytown, Texas 77522 ARTICLE X On Dpr mb r to , 198_3_, the governing body of the Unit duly adopted a resolution approving the for,n of these Articles of Incorporation, approving the creation of the Corporation, and authorizing the Corporation to act on its behalf to further the public purposes stated in the resolution and these Articles of Incorporation. ARTICLE XI These Articles of Incorporation may at any time and from time to time be amended in the manner provided in the Act. ARTICLE XII No dividends shall ever be paid by the Corporation and no part of its net earnings (beyond that necessary for retirement of the indebtedness of the Corporation or to implement the public purposes of the Unit for which the Corporation has been created) shall be distributed to or inure to the benefit of its directors or officers or any private person, firm, corporation or association except in reasonable amounts for services rendered. In the event the Board of Directors of the Corporation shall determine that sufficient provision has been made for the full payment of the expenses, bonds and other obligations of the Corporation issued to finance all or part of the cost of a project, then any net earnings of the Corporation thereafter accruing with respect to any project shall be paid to the Unit. No substantial part of the Corporation's activities shall be carrying on propaganda, or otherwise attempting to influence legislation, and it shall not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of or in opposition to any candidate for public office. ARTICLE XIII If the Corporation ever should be dissolved when it has, or is entitled to, any interest in any funds or property of any kind, real, personal or mixed, such funds or property or rights thereto shall not be transferred to private ownership but shall be transferred and delivered to the Unit after satisfaction or provision for satisfaction of debts and claims have been made. IN WITNESS WHEREOF, we have hereLuito set our hands this December 14 , 1983. STATE OF TEXAS § COUNTY OF HARRIS § I. the undersigned, a Notary Public of the State of Texas, do hereby certify that on this 14 day of December 1983 , personally appeared before me Fritz Lanham who, being by me first duly sworn, declared that (he)(she) is the person who signed the foregoing document as an incorporator and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date and year above written. �'?/' e-z� /I �/� Notary Public, State of Texas My Commission Expires: October 31, 1984 [SEAL] STATE OF TEXAS § COUNTY OF HARRIS § I, the undersigned, a Notary Public of the State of Texas, do hereby certify that on this 14 day of December , 198 3, personally appeared before me Larry Pa erson , who, being by me first duly sworn, declared that (he)(she) is the person who signed the foregoing document as aii incorporator and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date and year above written. Notary Public, State of Texas My Commission Expires: October 31, 1984 [SEAL] STATE OF TEXAS § § COUNTY OF HARRIS § I, the undersigned, a Notary Public of the State of Texas, do hereby certify that on this 14 day of December , 198, personally appeared before me Randy Strong , who, being by me first duly sworn, declared that (he)(she) is the person who signed the foregoing document as an incorporator and ^ that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date and year above written. Notary Public, State of Texas My Commission Expires: October 31— 1984 [SEAL] STATE OF TEXAS § § COUNTY OF HARRIS § I, the undersigned, a Notary Public of the State of Texas, do hereby certify that on this day of 198_, personally appeared before me who, being by me first duly sworn, declared that (he)(she) is the person who signed the foregoing document as an incorporator and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto set my hand and seal the date and year above written. Notary Public, State of Texas My Commission Empires: [SEAL] BYLAWS OF BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION ARTICLE I POWERS AND PURPOSES Section 1.1. Issuance . of Obligations; Financinx of Proiects. In order to implement the purposes for which the Baytown Industrial Development Corporation (the "Corporation ") was formed as set forth in the Articles of Incorporation, the Corporation may issue obligations to finance all or part of the cost of one or more projects pursuant to the provisions of the Development Corporation Act of 1979, as amended, Article 5190.6, Vernon's Annotated Texas Civil Statutes (the "Act "), upon compliance with all provisions thereof. Section 1.2. Books and Records; Approval of Programs and. Financing Statements. The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of its Board of Directors and committees having any of the authority of the Board of Directors. All books and records of the Corporation may be inspected by any director or his agent or attorney for any proper purpose at any reasonable time; and at all times the City Council (the. "Governing Body ") of the City of Bayto %+m, Texas (the "Unit "), will have access to the books and records of the Corporation. The records of the Corporation shall be available to the public for inspection in accordance with the Open Records Act, Article 6252 -17a, Vernon's Annotated Texas Civil Statutes. The Unit will approve all programs and expenditures of the Corporation and annually review any financial statements of the Corporation. Section 1.3. Local Regulations. The Corporation, by action of the Board of Directors," with the approval of the Governing Body, shall be authorized to promulgate, implement and amend local regulations governing the receipt, processing and approval of applications for financial participation in development projects and prescribing the fees to be paid by applicants in amounts reasonably estimated to pay the ministerial and staff costs and expenses of the Corporation, plus reasonable reserves therefor. Section 1.4. Staff Functions. Staff fwictions for the Corporation may be performed by the Unit, as directed by the Governing Body, and the Corporation, from fees collected by it, shall pay the amount of costs for such services as from time to time shall be billed to the Corporation by the Unit. ARTICLE [I BOARD OF DIRECTORS Section 2.1. Powers, Number and Term of Office. The Board of Directors shall exercise all of the powers of the Corporation, subject to the restrictions imposed by law, the Articles of Incorporation and these Bylaws. EXHIBIT B The Board of Directors shall consist of 7 directors, each of whom shall be appointed by the Governing Body and shall serve for a term of 2 years. The directors constituting the first Board of Directors shall be those directors named in the Articles of Incorporation, each of whom, as well as any subsequent directors, shall serve until his or her successor is appointed by the Governing Body; provided that, if any director shall at any time also be a member of the Governing Body, then the term of such director shall never exceed the period for which such director is a member of the Governing Body. In no case shall any director serve a term in excess of six years. Any director may be removed from office, by the Governing Body, for cause or at will. Any vacancies occurring in the Board of Directors shall be filled by appointment by the Governing Body. Section 2.2. Meetings of Directors. The Board of Directors may hold their meetings at any place authorized by the Act, as the Board of Directors may from time to time determine; provided that, in the absence of any such determination by the Board of Directors, the meetings shall be held at the principal office of the Corporation. The Board of Directors shall conduct their meetings in accordance with all requirements of the Act. Section 2.3. Regular Meetings. Regular Meetings of the Board of Directors shall be held at such times and places as shall be designated, from time to time, by resolution of the Board of Directors. Notice of Regular Meetings need not be given to Directors, but if notice is required to be given to anyone else by law, such notice will be given in the manner prescribed by law. Section 2.4. Special Meetings. Special Meetings of the Board of Directors shall be held whenever called by the president, by the- secretary, by a majority of the directors at the time being in office or upon advice of or request by the Governing Body. The Secretary shall give notice to each director of each Special Meeting in person, or by mail, telephone or telegraph, at least two hours before the meeting. Notice required by law to be given to anyone else shall be given in the manner prescribed by law. Unless otherwise indicated in the notice thereof, any and all matters pertaining to the purposes of the Corporation may be considered and acted upon at a Special Meeting. At any meeting at which every director shall be present, even though without any notice, any matter pertaining to the purpose of the Corporation may be considered and acted upon. Section 2.5. Quorum. A majority of the directors fixed by these Bylaws shall constitute a quorum for the consideration of matters pertaining to the purposes of the Corporation. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act 'of the Board of Directors, unless the act of a greater number is required by law. Section 2.6. Conduct of Business. At the meetings of the Board of Directors, matters pertaining to the purposes of the Corporation shall be considered in such order as from time to time the Board of Directors may determine. At all meetings of the Board of Directors, the president shall preside, and in the absence of the president, the vice president shall exercise the powers of the president. The secretary of the Corporation shall act as secretary of all meetings of the Board of Directors, but in the absence of the secretary, the presiding officer may appoint any person, other than the president, to act as secretary of the Corporation. Section 2.7. Compensation of Directors. Directors as such shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. ARTICLE III OFFICERS Section 3.1. Titles and Term of Office. The officers of the Corporation shall be a president, a vice president, a secretary and a treasurer, and such other officers as the Board of Directors may from time to time elect or appoint. One person may hold more than one office, except that the president shall not hold the office of secretary. In the absence of the secretary, the president may appoint any person, other than the president, to act as secretary of the Corporation. Terms of office shall not exceed three years. All officers shall be subject to removal from office, with or without cause, at any time by a vote of a majority of the entire Board of Directors. A vacancy in the office of any officer shall be filled by a vote of a majority of the directors. Section 3.2. Powers and Duties of the President. The president shall be the chief executive officer of the Corporation, and subject to the Board of Directors, the president shall be in general charge of the properties and affairs of the Corporation; he shall preside at all meetings of the Board of Directors; in furtherance of the purposes of this Corporation, the president may sign and execute all contracts, conveyances, franchises, bonds, deeds,- assignments, mortgages, notes and other instruments in the name of the Corporation. Section 3.3. Vice President. The vice president shall have such powers and duties as may be assigned by the Board of Directors and shall exercise the powers of the president during that officer's absence or inability to act. Any action taken by the vice president in the performance of the duties of the president shall be conclusive evidence of the absence or inability of the president to act at the time such action was taken. Section 3.4. Treasurer. The treasurer shall have custody of all the funds and securities of the Corporation which come into his hands. When necessary or proper, he may sign or endorse, on behalf of the Corporation, for collection or payment, checks, notes and other obligations and shall deposit any funds received to the credit of the Corporation in such bank or banks or depositories as shall be designated by the Board of Directors; whenever required by the Board of Directors, he shall render a statement of his cash account; he shall enter or cause to be entered regularly in the books of the Corporation to be kept by him for that purpose full and accurate amounts of all monies received and paid out on aecowit of the Corporation; he shall perform all acts incident to the position of treasurer subject to the control of the Board of Directors; he shall, if required by the Board of Directors, give such bond for the faithful discharge of his duties in such form as the Board of Directors may require. Section 3.5. Sec retary. The secretary shall keep the minutes of all meetings of the Board of Directors in books provided for that purpose; he shall attend to the giving and serving of all notices; in furtherance of the purposes of this Corporation, he may sign with- the president in the name of the Corporation, and/or attest the signature thereto, all contracts, conveyances, franchises, bonds, deeds, assignments, mortgages, notes and other instruments of the Corporation; he shall have charge of the corporate books, records and securities of which the treasurer shall have custody and charge, and such other books and papers as the Board of Directors may direct, all of which shall at all reasonable times be open to inspection upon application at the office of the Corporation during business hours, and he shall in general perform all duties incident to the office of secretary subject to the control of the Board of Directors. Section 3.6. Compensation. Officers as such shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties herewider. ARTICLE 1V PROVISIONS REGARDING BYLAWS Section 4.1. Effective Date. These Bylaws shall become effective only upon the occurrence of the following events: (1) the approval of these Bylaws by the Governing Body; and (2) the adoption of these Bylaws by the Board of Directors. Section 4.2. Amendments to Bylaws. These Bylaws may be amended at any time and from time to time by majority vote of the Board of Directors with approval of the Unit by resolution of the Governing Body, or at the sole discretion of the Governing Body. Section 4.3. Interpretation of Bylaws. These Bylaws and all the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein. If any word, phrase, clause, sentence, paragraph, section or other part of these Bylaws, 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 these Bylaws and the application of such word, phrase, clause, sentence, paragraph, section or other part of these Bylaws to any other person or circumstance shall not be affected thereby. ARTICLE V GENERAL PROVISIONS Section 5.1. Principal Office. The principal office of the Corporation shall be located at 2401 Market Street, -Baytown, Texas 77520 Section 5.2. Fiscal Year. The fiscal year of the Corporation shall be as determined by the Board of Directors. Section 5.3. Seal. The seal of the Corporation shall be as determined by the Board of Directors. Section 5.4. Notice and Waiver of Notice. Whenever any notice whatsoever is required to be given to the Board of Directors under the provisions of the Act, the Articles of Incorporation or these Bylaws, such notice shall be deemed to be sufficient if given by depositing it in a post office box in a sealed postpaid wrapper addressed to the person entitled thereto at his post office address, as it appears on the books of the Corporation, and such notice shall be deemed to have been given on the day of such mailing. Attendance of a director at a meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the empress purpose of objecting to the transaction of any business on the grounds that the meeting is not lawfully called or convened. Neither the business to be transacted at nor the purpose of any Regular or Special Meeting of the Board of Directors need be specified in the notice of such meeting, unless required by the Board of Directors. A waiver of notice in writing, signed by the person or persons entitled to notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. If any notice whatsoever is required to be given to the public by the Act, such notice shall be given in the manner prescribed by the Act. Section 5.5. Resignations. Any director or officer may resign at any time. Such resignations shall be made in writing and shall take effect at the time specified therein, or, if no time be specified, at the time of its receipt by the president or secretary. The acceptance of a resignation shall not be necessary to make it effective, unless expressly so provided in the resignation. Section 5.6. Approval or Advice and Consent of the Governing Body. To the extent these Bylaws refer to any approval by the Unit or refer to advice and consent by the Unit, such advice and consent shall be evidenced by a certified copy of a resolution, order or motion duly adopted by the Governing Body. Section 5.7. Organizational Control. The Unit may, at its sole discretion, and at any time, alter or change the structure, organization, programs or activities of the Corporation (including the power to terminate the Corporation), subject to any limitation on the impairment of contracts entered into by such Corporation. Section 5.8. Dissolution of the Corporation. Upon dissolution of the Corporation, title to or other interests in any real or personal property owned by the Corporation at such time shall vest in the Unit. BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION (a nonprofit corporation created under the Development Corporation Act of 1979, as amended, Article 5190.6, Vernon's Annotated Texas Civil Statutes) Loco! Regulations for Receiving and Approving Applications For Financial Participation in Development Projects [. GENERAL PURPOSE AND SCOPE OF LOCAL REGULATIONS (A) The BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION (the "Corporation ") was created as a duly constituted authority of the CITY OF BAYTOWN, TEXAS (the "Unit "), pursuant to the Development Corporation Act of 1979, as amended, Article 5190.6, Vernon's Annotated Texas Civil Statutes (the ''Act "), in furtherance of the public purposes of the Act. (B) The activities of the Corporation shall be limited solely to the accomplishment of such public purpose, and no plan of financing for any project (the "Project "), as defined in the Act, and in the applicable portions of these local regulations (the "Regulations ") will be approved by the Board of Directors (the "Board ") of the Corporation unless and until the Board shall first affirmatively find that such financing and its related Project will be in furtherance of such public purpose, to be deterinined in accordance with the procedures set forth in these Regulations. II. APPLICATIONS; APPROVAL STANDARDS (A) Preliminary Filing Requirements. (1) A person, firm or corporation (the "Applicant ") desiring participation by the Corporation in the financing of any Project shall file with the Corporation five copies of an Application for Financial Participation (the "Application ") as hereinafter provided and in the form accompanying these Regulations. (2) Along with the Application, the Applicant shall file with the Corporation five executed original copies of an Inducement and Indemnity Agreement substantially in the form and substance accompanying these Regulations. (3) The Applicant shall file with the Application the processing fee required in these Regulations. (4) If the Applicant desires the Board to take preliminary official action pertaining to the issuance of obligatiom in accordance with relevant provisions of the Internal Revenue Code of 1954, as amended, and applicable Regulations and Revenue Rulings issued in connection therewith, then the Applicant shall also file a statement requesting such action. EXHIBIT C (5) The documents and fee required by this paragraph shall he filed with the Corporation by mail or personal delivery of the same to (B) Preliminary Official Action. (1) Upon compliance with the preliminary filing requirements of paragraph II(A) of these Regulations, if preliminary official action is requested pursuant to paragraph II(A)(4), the Corporation will conduct an expedited preliminary review of such request, and such action will be scheduled for the next regular or for a special meeting of the Board. (2) The Board will take the requested preliminary official action, expressing its present intention to issue the obligations requested if such preliminary review of the Application demonstrates with reasonable certainty: (a) that the Application, the obligations and the Project qualify for final approval by the Board in accordance with these Regulations; and (b) that all governmental approvals with respect to the obligations and the Project will be obtained. (C) Subsequent Filing Requirements. Prior to review of the Application for final approval by the Board, the Applicant may file such additional documents or statements in support thereof as the Applicant shall consider relevant and appropriate and shall file the following: (1) such additional information as is requested of the Applicant by the Board; and (2) a pro -forma copy of any official statement, prospectus or other offering memoranda, through the use of which the proposed obligations are to be offered, sold or placed with any lender, purchaser or investor, which offering, sale or placement inaterial shall - contain prominent disclosure substantially to the effect: (a) that neither the Corporation nor the Unit has undertaken to review or has assumed any responsibility for the matters contained therein except solely as to matters relating to the Corporation and to a description of the obligations being offered thereby; (b) that all findings and determinations by the Corporation and the Unit, respectively, are and have been made by each for its own internal uses and purposes in performing its duties under the Act and these Regulations; (c) that notwithstanding its approval of the obligations and the Project, neither the Unit nor the Corporation endorses or in any manner, directly or indirectly, guarantees or promises to pay such obligations from any source of funds of either or guarantees, warrants or endorses the creditworthiness or credit standing of the Applicant or of any guarantor of such obligations, or in any manner guarantees, warrants or endorses the investment quality or value of such obligations; and (d) that such obligations are payable solely from funds and secured solely by property furnished and to be furnished and provided by the Applicant and any guarantor and are not in any manner payable wholly or partially from any funds or properties otherwise belonging to the Corporation. (D) Final Approval. (1) The Board will take up and consider its final action pertaining to an Application filed hereunder when requested to do so by the Applicant and upon receipt by it of evidence satisfactory to the Board that the Applicant has complied with these Regulations in all material respects not otherwise waived by the Board. (2) Applications will be filially approved by the Board if it first affirmatively determines: (a) that all requirements for and prerequisites to final approval under these Regulations have either been satisfied or waived and are in form and substance satisfactory to the Board; (b) that the operation of the Project will constitute a lawful activity, is qualified for approval by the Unit and complies with and promotes the purposes and satisfies the requirements of the Act and the statement of policy contained in these Regulations. (3) After final approval by the Board, the Corporation will seek approval by the Unit and will proceed to close the delivery of such obligations upon receipt of such approval in accordance with the documents approved by the Board and when finally approved by the Corporation's bond counsel ( "Bond Counsel ") in accordance with the terms of sale or placement. III. FEES AND COSTS (A) Fees. (1) Concurrently with the filing of an Application, the Applicant shall pay to the Corporation a processing fee in the amount of S , which amount is not refundable, whether or not the Application is approved or the Rnancing of the Project is accomplished. (2) Concurrently with the closing of any financing pursuant to an approved Application, or at such other time as the Corporation may approve, the Applicant, from the proceeds of the obligations, shall pay to the Corporation a closing fee computed in accordance with the following schedule, to -wit: (a) for financing not exceeding S2,500,000 in aggregate principal amount S (b) for financing over S2,500,000 but not exceeding $5,000,000 in aggregate principal amount S (c) for financing over S5,000,000 but not exceeding 57,500,000 in aggregate principal amount S (d) for financing over 57,500,000 in aggregate principal amount S Provided, however, as to any Applicant that has made application with this Corporation prior to the adoption of the Regulations, such closing Fee shall be in such amount as is agreed to by such Applicant and the Board. (3) Concurrently with the closing of any financing pursuant to an approved Application, the Applicant shall pay or cause to be paid the fees and out -of- pocket expenses of Bond Counsel and the Corporation's general counsel and any other advisors employed by the Corporation. (B) Continuing Costs. Each Applicant shall pay to the Corporation, within ten days after receipt of a bill or statement therefor, the following amounts, to -wit: (1) any amounts payable pursuant to the Inducement and Indemnity Agreement and any other indemnity contract or agreement executed in connection with any financing hereunder; (2) the amount allocable to each Applicant (whose financing has been completed) of the reasonable administrative costs and expenses incurred by the Corporation; and (3) the amount of costs or expenses paid or incurred by the Corporation under this subsection shall be divided and allocated equally among all Applicants whose financing has been completed. (C) Changes in Fees and Costs. (1) The Corporation reserves the right at any time to establish or change the amount of fees payable under paragraph III(A) and to make the same effective as to any Applicant whose Application is filed subsequent to the date of such change. (2) The Corporation reserves the right at any time to change the method of allocation described in paragaraph III(B)(3), if it should, in its sole discretion, determine such change to be reasonable and more equitable, such change to be effective upon the date specified by the Corporation. IV. MISCELLANEOUS (A) Unauthorized Representations and Bond Marketing Practices. (1) No Applicant, or any representative of the Applicant or the Corporation shall represent, directly or indirectly, to any lender, interim or otherwise, supplier, contractor or other person, firm or entity that the Corporation has agreed or is firmly committed to issue any obligations in relation to any Project or Application until the Board has finally approved the issuance thereof under these Regulations. (2) No Applicant, or any representative of the Applicant or the Corporation, shall ever make any representation, directly or indirectly, express or implied, of any fact or facts contrary to the disclosures required to be made by paragraph II(C)(2) of these Regulations. (3) Neither the Applicant nor any securities firm, underwriter, broker, dealer, salesman or other person, firm or entity shall offer, sell, distribute or place any obligations authorized by the Corporation by any process, method or technique or in any manner, transaction or circumstances or to any person or, persons, the effect of which would be to require such obligations to be registered or would require filings to be made with regard thereto under the laws of the State or jurisdiction where such offer, sale, distribution or placement is made without first registering the same or making the filings regarding the same required by such laws. (B) Amendments; Waivers; Effective Date. (1) The Corporation reserves the right at any time to amend these Regulations effective as to any Applications filed subsequent to the effective date of any such amendment. (2) The Board reserves the right to waive any provision of these. Regulations as to any Applicant, Application or Project upon written request seeking such waiver and stating the reasons therefor. (3) These Regulations are and shall he effective from and after the date of their adoption by the Board and approval by the Governing Body of the Unit, and shall continue in effect until and unless amended, modified or repealed and shall be effective as to any application pending on the date of their adoption and approval. (a) (b) (c) (d) (c +d) (b +c +d) Contract Share of Expense ($) Ineligible for City's Total Number EPA City EPA Grant ($) Share ($) Contract ($) (1) (2) (3) 1 2,610,079 827,253 28,412 855,665 3,465,744 2 219,403 73,134 -0- 73,134 292,537 (4) 3 508,321 169,440 621103 231,543 739,864 4 781,823 260,608 -0- 260,608 1,042,431 4,119,626 1,330,435 90,515 1,420,950 5,540,576 Administrative expenses, engineering, inspection, plant start -up, 0 &M Manual, etc.: (5) (6) 256,809 83,365 -0- 83,365 340,174 4,376,435 1,413,800 90,515 1,504,315 5,880,750 NOTES: (1) Includes $272,680 representing 85% of $320,800 defined by EPA as "Alternative Eligible Costs" (2) Includes $48,120 representing 15% of $320,800 defined by EPA as "Alternative Eligible Costs" (3) Includes ineligible items for $18,400 to clear plant site and $10,012 from Change Order No. 2 to redesign centrifuge support structure. (4) Change Order "A ", ineligible work paid entirely by City of Baytown (5) Includes $14,266 representing 85% of $16,783 for engineering, inspec- tion, etc. on work defined by EPA as "Alternative Eligible Costs" (6) Includes $2,517 representing 15% of $16,783 for engineering, inspec- tion, etc. on work defined by EPA as "Alternative Eligible Costs" ATTACILMENT "C" TITLE, COMMERCIAL BLAST L PAINTING LIFT STATIONS BID= #8311 -05 DATE: 11 -29-83 2:00 P.M. CITY OF BAYTOWN BID TABULATION c PAGE 2 ITEM QTY UNIT DESCRIPTION COMMERCIAL BLAST & PAINTING WATER TANK SERVICE UNIT EXTENDED SHANDEE CORPORATION UNIT EXTENDED CON EARTH INC. UNIT EXTENDED BEST -WAY UNIT EXTENDED LIFT STATIONS per specification 1 1 ca Woodlawn Lift Station $h.380-00 11 2 0.00 NO RESPONSE NO RESPCNISE 2 1 ea West Texas Lift Station $6,930.00 $3,860.00 3 1 ea Gulf Coast Hospital Lift Station Slo.96o.00 4 1 ea Binswanger Lift Station 1 ca Cedar Bayou Lift Station $3.6io.00 S2.865.00 DELIVERY: UNKNOWN 90 Days TOTAL: $21,770.00 $18,075.00 GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS DELIVERY . TITLE' COMMERCIAL BLAST & PAINTING LIFT—STATIONS 31D: #8311 -05 )ATE: 11 -29 -83 2:00 P.M. CITY OF BAYTOWN BID TABULATION Attachment "D" ITEM QTY UNIT DESCRIPTION MUNICIPAL COATINGS BAYTOWN SANDBLASTING H. B. HAMILTON N. H. PHILLIPS UNIT PRICE EXTENDED PRICF UNIT PRICE EXTENDED PR ICE UNIT PRICE EXTENDED PRICE UNIT PRICIF EXTENDED PRlr.F COMMERCIAL BLAST G PAINTING LIFT STATIONS, per speciFicatio s 1 ea Woodlawn Lift Station S4-200.00 NO Bin NO QID it 800.00 No BID* SS,QQQ,OO NO BID 3 1 ea Gulf Coast Hospital Lift Statio $4,500-00 NQ BID S4.000 00 NO BID S2.000. 00 No BID NO 010 l PA ninswaoqpr lift Station 5 1 ca Cedar Bayou Lift Station $2,500-00 NO BID $3.100.00 NO DID DELIVERY: 60 Days 90 days SPECIAL CONDITIONS: Time fram was too Time frame for short for his or an. biddin wEs too field ins ection. TOTAL: Bids c rc mailed o ten vendors Sand wo received p oposa s Tom GROSS TOTAL LESS DISCOUNT NET TOTAL TER'_ ncI IV170Y $22,700-00 _ -- W co C z z oo_ aQ m� CIO O E- �' m U N Z O N J Z C F- O z o C N d W dI I J C - M u q d � i u� C1 Z N O u — W ( � J W � p a 0 w 0 T W 1� X u O W .Z• W }H W H LL Z C7 _ Z ¢ N J O C W Z O c a Zc Ln Q tJ W N W W O z H z c a C � I d 0. C W � i N Z W o O N Z L a W W N 11 ui Cx W d — u o o z N .Q W != LL N Z W M cc J CL �n C O C O •iJ y LD 1„i +J 1 Z ~ �^ +.+ C JQ W- C O Z Z y O O w L y -1 — +�' Ln }-- L.) In U ni N y N O N N _ J �... Cl) W >_ c z '-' i - O — _ J Cn Cn O N J °_ J in y L o CC W W W W W — ¢ c m x L m c� � � CLD J Z F- p u t- 3 u O c O N M H u 3 L W F- Ad ` N r LL Lh C O O O C1 u J � 3 C7 CS u Z V 67 CI C� C7 f C Lw - N M -tfl v., TITLE. EIII •SAND FOR CITY PARK[ BID; #8311 -06 DATE: 11 -29 -83 2:00 P.M. CITY OF BAYTOWN BID TABULATION Attachment "E" ITEM QTY UNIT DESCRIPTION TRUCKING UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED 1 1,010 cu. yds. iper FILL SAND FOR CITY PARKS - specifications. 3.25 $3,282-50 5.50 6 DELIVERY: 3 days 2 days 4-5 days 7 days TOTAL: $6.060.00 $4 706.60 -- Bids were mailed vendors and we receivpd proposals from four vendors. __. GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS nFLARY z ?:: z 00 Q m U- 0 F- >- 0 F— E3 U .o JIM .. W' J W Q 1— m 0 J a ui Ln M H J 00 Q 0 o CC C/) w z i cn~ o°r w�iww C9 J Z i-- 0 ou 0 Z L n. . X w !� O W cr- U O a z z •z 0 v_ LL W r N O 4J U C Z Q Z C J W N v w ►- w 0 o z z ¢ L z 3 F. O Q m W � O p N w L O CL N W N F— w Y U CC Z H r w .J 2 Z U � F- a � w W IA Z O tL O z L w a N cc W Z Z Y . U F- F z z La cc Q r . . I I L-4 --1 1 1 i i i i J F— M H J 00 Q 0 o CC C/) �> i cn~ o°r w�iww C9 J Z i-- 0 rIT L E. ROTATIVE ASSEMBLY ALLIS CHALMERS PUMP 31D: 11839-96 )ATE' 12 -8-83 2:00 P.M. CITY OF BAYTOWN BID TABULATION Attachment 'Y' DESCRIPTION ITEM QTY UNIT NIT EXTENDED UNIT EXTENDED UNIT EXTENDED MI EXTENDED 1 I each ROTATIVE ASSEMBLY ALLIS $10,502.00 CHALMERS PUMP, per specifications. 1 each U -JOINT DRIVE DELIVERY: 10-12 WEEKS TOTAL: S12.052.00 GROSS TOTAL LESS DISCOUNT NET TOTAL TER} "' nFU RY CITY OF BAYTOWN TITLE: ANNUAL SELECTIVE HERBICIDE C�►dTRACT BID TABULATION Attachment "H" BID= #8111 -08 DATE: 12 -6 -83 2:00 P.M. ITEM QTY UNIT DESCRIPTION VAN'WATERS b ROGERS HOUSTON SPRAYING & SUPPL HELENA CHEMICAL WATSON DIST. CO. UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED I 900 gal. A*!UAL SELECTIVE HERBICIDE CONTRACT, per specifications. .95/ al 8,955.00 10.85 765.00 11-95/2a] $10,755-00 13.35 $12,01500 BRAND NAME: FAN-CROP ALTERNATE: 13,6o S12.240-00 TOTAL: so .955-00 S9,765 00 SiO.7SS.00 $12,015-00 Rids were ma pol to 11 responded. GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS DELIVERY TITLE: ANNUAL FROZEN FOOD CONTRACT BID: #8311 -07 DATE: 12 -6-83 2:00 P.M. CITY OF BAYTOWN BID TABULATION Attachment "G" ITEM QTY UNIT DESCRIPTION FOOD KING ff 15 HATHAWAYIS ' NIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNI EXTENDED ANNUAL FROZEN FOOD CONTRACT- NO-RESPONSE NO RESPONSE. per s ecifications. 1 280 cases Frozen Breakfast 11.88 2 475 cases Frozen Dinners 10.68 $5.0 .00 $8,333,110 GROSS TOTAL LESS DISCOUNT NET TOTAL TER" nFI_I RY 'ITLE. ANNIIAI SFI r TIVG Hrpn rIIDE CONTRACT ID: #8311 -08 ATE: 12 -6-83 2:00 P.M. CITY OF BAYTOWN BID TABULATION rL PAGE 2 TEM QTY UNIT DESCRIPTION CH N T EXTENDED UNIT EXTENDED UNIT EXTENDED U141 -EXTENDED 1 900 qals ANNUAL SELECTIVE HERBICIDE CONTRACT per specifications. NO RESPONSE GROSS TOTAL LESS DISCOUNT NET TOTAL' TERMS nF1 -IVf= RY f 1TLE.- „i;illnl Mll I FI AP CONTRACT 31D: #8311 -09 )ATE: 12 -7 -83 2:00 P.M. CITY OF BAYTOWN BID TABULATION Attachment "I” ITEM QTY UNIT DESCRIPTION R.P.W. INC. UNIT EXTENDED PRIM PRIrF HI -LO #12 UNIT EXTENDED PRIGr PRIrE WESTERN AUTO SUPPLY CO. UNIT EXTENDED PRICE PRIr-F AUTO PARTS CO. UNIT EXTENDED PRICE PRICE I 00 ea. ANNUAL MUD FLAP CONTRACT per specifications. 40" Long, 24" Wide, 3/8" Thick TOTAL: 8.95 $2,685.00 $21685-00 NO .BID NO BID NO RESPONSE NO RESPONSE Bids were mailed to 6 vendors responded, 1 no bid, r GROSS TOTAL LESS DISCOUNT NET TOTAL TERV- nFrI IV)RY F I T L E. ANNUAL MUD FLAP CONTRACT 3ID; #8311-09 )ATE: 12 -7 -83 2:00 P.M. CITY OF BAYTOWN BID TABULATION 11 PAGE 2 ITEM QTY UNIT DESCRIPTION PARTS SUPPLY TED'S SUPPLY UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED U141T EXTENDED 1 300 each ANNUAL MUD FLAP CONTRACT NO RESPONSE NO RESPONSE per s ecifications. GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS nci Wroy TITLE: REPAIR OF ELECTRICAL FACILITI'ES__AT CITY PARKS BID: #831 i -10 DATE: 12 -1 -83 2:00 P.M. CITY OF - BAYTOWN BID TABULATION r ,r Attachment "J" ITEM 1 QTY 1 UNIT each DESCRIPTION REPAIR OF ELECTRICAL FACILITIES PFEIFFER ELECTRIC CO. GULF COAST ELECTRIC WHITLEY ELECTRIC BAYWAY ELECTRIC CO. UNIT PRICE EXTENDED MICE $10,500.00 UNIT EXTENDED PR ICE $9,625-00 UNIT PBICF EXTENDED $10 984.00. UNIT EXTENDED NO RESPONSE AT CITY PARKS, per specs. 45 DAYS UNKNOWN TOTAL: $10,500-00. $9.625--00 $10,984.00 Bids were mailed GROSS TOTAL LESS DISCOUNT NET TOTAL TE FS nFLiVERY d cn a Z Z o_o aQ M :D co It 0� r) U Y C Q a } u H L o 0 J Q N u C F- u W w oc C c M i W q N C W J W O Q l— m 0 d 0 to i- U m W W W LL a C7 J Z i— C W } O � u F- G Z F.. Q W H 0 W O LL Z W K W = LL i i o 0 z W F^ W t LL Z W i LL z W � W N W 4 4J u O O Z C W N W C H H � z z • • C 0 0 ° °o • W W to N N u X X p p ^ ^^ u W • J W J W t t W W O J Y LA J j-- ai Q Q Z Z L Ln ~ 0 J CL ~ 0 a En LL LL N N ~ CITY _171 LE'__:_ AI*11IAI IN STAI 1 Al 1 ON _(1F TRAFF IL S I GNAL E(lU I PH ENT- CONTRACT B 1 31D: #034 -57 )a r E. -April 21, 1903 2:00 P.H. Off SAYTOWN'. TABULATION Attachment "K" FEtii Q QTY D DESCRIPTION U BAYTOWN ELECTRIC M MICHELLE ELECTRIC E UNIT x x vD o u uNl E GROSS J U T A L LESS DISC NET TOTAL K bIU I AbULA I IUIN. '� I D: Pkg N31 - �n7 I /k/83 John Kidd Uranus Palton David Baker ZEA 11 OTY DESCRIPTION UNIT CXTCiv0E0. UNI [iTf UNIT EXTENOEO UNIT E^XTENQED UNIT EXTENDEU— - - - - - -- PRICE PicF LwCF Paid Pairc PnICF PltfLF —1'IZ _PnjCF �pill(:f 1 Melvin C. Phillips 1100 Daniel St. 9,855,00 80519.36 83 -03 -12 2 Inez McCarley 504 Harvey 80188,00 8,117.45 8,171.00 83 -04 -13 3 James Roark 201 Morrell 9,520.00 8,505.75 8,431.00 83 -04 -14 4 Nellie Small 1108 Turner 9,970.00 9.713.59 83 -03 -15 U t"- US,) 1 U T A L LESS DISC. NET TOTAL n F► 1VFRY I L L Conununity Development [): Pkt, 930 ff E: 11 -3 -83 .M 0 T Y DESCRIPTION Maria Martinez 513 Denby 83- o4 -o6R Mary C. Gonzales 1229 Pine St. 83 -02 -07 Filiberto Tiyerina 1705 Maryland 83 -04 -08 Marie Gaskin- 514 W. Defee 83 -04 -09 Juana Pena 3215 Iowa 83 -04 -10 Gertrude Winn 1100 Johnston 83 -03 -11 GROSS TOTAL LESS DISC. NET TOTAL n FI i RY 1310 TABULATION Attachment "L" Uranus Palton .John Kidd David Baker Prosper Bros. UNIT 'UT EMOED . UNIT EXTENDED UNIT - Ek- FNOET -- UN I XT`CNM PRI E Pacr 1'_airr PRICE PniCF ERWE Pa I! F 91999,99 - - - -- --- - - - - -- - - -- - - - - - -- 9,900.00 90368.84 9;395:00- - - - -- -- 8,957.00 6,925.42 5,910.00 7,1173.00 5,576.00 8,072.50 7,765.00 9,223.00 6,426.00 8,137.00 8F778-00 9,547.00 7,733.00 9,906.30 --------- --- - - - - -- 9,800.00 0 UNI . _ NUI PRICE_ .,IUCL FITLE: CoNTIu{uo s APOUT MAILER FORMS 31D. #8311 -03 )ATE: November 21, 1983 2:00 P.M. CITY OF BAYTOWN BID TABULATION K Attachment "M" ITEM QTY UNIT DESCRIPTION REIN CO. DOYLE BUSINESS FORMS MOORE BUSINESS FORMS TRINITY FORMS CO. UNIT EXTENDED UNIT EXTENDED ` UNIT EXTENDED UNIT EXTENDED 1 20,000 1,000 CONTINUOUS SNAPOUT MAILER FORMS NO BID 1114.40/1000 $2,880.00 -106.61/1000 $2,132.20 108.16/1000 $Z 163.25 per specifications. 7` _ Same . Enrms bill. NO BID 166.01/1000 $2,500-00 130.3311000 $1,954-95 131.07/1000 $1,966.05 _ DELIVERY: 6 -7 weeks 6 -8 weeks 60 days SPECIAL CONDITIONS: His supplier is providir this form tc another vendor in t is bid. TOTAL: $2,880.00 $2,132.20 52,163.25 aid 5 responded, 2 No Bids. GROSS TOTAL LESS DISCOUNT NET TOTAL TERMS 1711:71 Iv>± RY j,.. ,,.--_Ilk :MllIA-L -LU11 -11' Al t t::t 1 f)!Il -'15 l� N4WM111wr 1, 19(13 'l•ucsJrty 9:30 n.m. PS ID- TAB ULA TIO N � " OCA IO1V A -1 Home Improvement S. 1' S. Construction Big '1' Construction COMI'LuiON Samsco. 111c. tinvc•lL Cnntr;tccnr�: CUt•Il'1.L••T1 ON COMPLE'l•ION COMPLETION COMPLETION TIME. PRICE TIME. PRICE TIME PRICE. TIMT. PRICE 11.1.ru: PRICK 214 N. Texas 90 Jays 7.600.00 90 days 22,000.00 90 days 9.741.00 90 days 19.030.00 90 days 49.000.00 16111 Elm 30 days 2,400.00 30 Jays 10,000.00 30 clays 1,145.00 30 days 9,300.00 30 days; 4,900.00 7026 Baryway 30 days 2,200.00 30 cloys 4,000.00 30 days 969.00 30 days 0,110.00 30 days 3,900.00 c:0!n�l.l:rltl�i TITLE, CONTINUOUS SNAPOUT MAILER FORMS BID -° DATE: November 21, 1983 2:00 P.M. CITY -OF BAYTOWN BID TABULATION ITEM QTY UNIT DESCRIPTION CURTIS 1000 DATA DOCUMENTS THE PRINT SHOPPE THE GRAPHIC ASSURANCE Cl UNIT EXTENDED UNIT EXTENDED_` UNIT EXTENDED UNIT EXTENDED 1 20.000 1,000 CONTINUOUS SNAPOUT MAILER FORMS per specifications. 111.79/1000 $2,235.80 =48.69/1000 $973.80 NO BID NO RESPONSE 2 15,000 1,000 Alternate - Same Forms but a different quantity. 136.14/1000 $2,02.10 °59.25/1000 $888.75 NO BID NO RESPONSE DELIVERY: 56 -65 Days 60 days SPECIAL CONDITIONS: *Error in th compilation Time frame to short of the bid. for his orcanization to bid. TOTAL: $2,235.80 $973.80 NO BID , I GROSS TOTAL LESS DISCOUNT - NETf 0TAL = TE ,