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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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u
C
F-
u
W
w
oc
C
c M i
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C
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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 ,