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1984 11 08 CC Minutes41108 -1 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 8, 1984 The City Council of the City of Baytown, Texas, met in regular session on Thursday, November 8, 1984, at 6:30 p.m. in the Council Chamber of the Baytown City Hall with the following attendance: Fred T. Philips Jimmy Johnson Perry M. Simmons Ron Embry Roy L. Fuller Gerald Dickens Allen Cannon Fritz Lanham Larry Patterson Randy Strong Eileen P. Hall Councilman Councilman Councilman Councilman Councilman Councilman Mayor City Manager Assistant City Manager City Attorney City Clerk The meeting was called to order with a quorum present. The invocation was offered by Councilman Simmons, afterwhich the following business was transacted: Consider Minutes for Regular Meeting Held October 25, 1984 Councilman Simmons moved for the approval of the minutes for the Council meeting held October 25, 1984; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None Abstained: Councilman Philips Receive Petitions There were no petitions presented. City Manager's Report Denzil Shirley - Appeal from Decision of Auto Wrecker Committee -- Denzil Shirley, dba Shirley's Wrecker Service has effected an appeal from the decision of the Auto Wrecker Committee to City Council as provided under Section 6 -13 of Chapter 6 of the Code of Ordinances of the City of Baytown. Council may elect to hold one of the three proceedings as follows: 41108 -2 Minutes of the Regular Meeting - November 8, 1984 1. A DeNovo hearing which consists of a completely new hearing on the matters where Council can hear first hand evidence. The disadvantage of this proceeding is a duplication of effort. 2. An administrative review of the record of the hearing before the Auto Wrecker Committee which means Council would be limited to the transcript of the previous hearing. 3. A substantial evidence review hearing which is a combination of the two where Council would consider the record from the committee's hearing, but could also hear testimony from witnesses. Councilman Johnson suggested a DeNovo type proceeding be held; Council concurred. Mayor Cannon mentioned that it is necessary for the City of Baytown to cast its vote for appointment to the Harris Council Appraisal District Board prior to November 15. There- fore, that item should be on this special meeting agenda. Council scheduled the special meeting to consider the appeal and to cast its vote for the appraisal district board of directors for Wednesday, November 14. The Federal Emergency Management Agency (Flood Insurance Map) - The agency has developed new maps for use in deter- mining elevations for flood insurance purposes. Representa- tives of FEMA will be available at City Hall on Wednesday, November 14 at 9:00 a.m. to explain the maps to representatives of City Council, the staff and the public. After this presen- tation, there will be a 90 -day period to comment. Certified Tax Roll - Mr. Lanham inquired if Council would have any objection to the administration requesting a Certified Tax Roll from the appraisal District on approximately 85% of the accounts that are completed. With that certification, the staff can estimate the remaining 15 %, develop a proposed tax rate for Council consideration and mail tax notices. There is a need to mail tax notices or there will be a cash flow problem, besides many citizens would like to pay taxes in this calendar year. Council had no objections. Downtown Action Committee - Representatives of the Downtown Action Committee are interested in a work session with Council prior to the next Council meeting. This group has several activities scheduled that they want to mention. Council scheduled the work session for 5:30 p.m., November 20. 41108 -3 Minutes of the Regular Meeting - November 8, 1984 MINUTES AND CERTIFICATION THE STATE OF TEXAS X X COUNTY OF HARRIS X On this the 8th day of November, 1984, the Governing Body of the City of Baytown, Texas, convened in a Called Meeting at the regular meeting place thereof, the meeting being open to the public and notice of said meeting, giving the date, place and subject thereof, having been posted as prescribed by Article 6252 -17, V.T.C.S., and the roll was called of the duly constituted officers and members of said Governing Body, which members and officers are as follows to wit: Allen Cannon, Mayor Eileen P. Hall, City Clerk Fred T. Philips X Jimmy Johnson X Perry M. Simmons X Council - Ron Embry X members Roy L. Fuller X Gerald Dickens X All of said persons were present, except the following absentees: None , thus constituting a quorum. Whereupon, among other business, the following was trans- acted, to wit: Hold Public Hearing on a Resolution Approving a Commercial Project to be Financed by Baytown Industrial Development Corporation Industrial Revenue Bonds (Wal -Mart Stores, Inc. Project) to Finance the Cost of Retail Department Store Facilities for Wal -Mart Stores, Inc. Mayor Cannon called the public hearing to order, and he asked all those in attendance who desired to speak at the hearing to sign the register provided in the hallway. Mayor Cannon asked those who had registered to speak to stand to be sworn. Afterwhich, he stated that the purpose of the public hearing was to receive public input on the request of Wal -Mart to issue Industrial Development Corporation Industrial Revenue Bonds. The Mayor emphasized that all those desiring to testify would be given an oppor- tunity to do so and that the proceedings would be recorded. Randy Strong, City Attorney, explained that prior to the meeting of Council, the industrial development corpor- ation had held a public hearing and adopted a resolution which resolution will be adopted as part of this resolution. Rayford Price, 1108 Lavaca, Suite 400, Austin, Texas 78701, stated that his testimony is basically the same as the testimony given before the City of Baytown Industrial Development Corporation Board, but added that the Texas Industrial Development Act requires that any bonds issued be approved by City Council. Also, there is a requirement 41108 -4 Minutes of the Regular Meeting - November 8, 1984 that Council find that the project is in conformance with the development plan for the City of Baytown. The Internal Revenue Code requires that a public hearing be held. The proposed resolution incorporates requirements of state and federal law. A legal notice of the public hearing has been published in the Baytown Sun as provided by statute. Mr. Price also emphasized that the City of Baytown by law and under the documents presented has no financial responsibilities with regard to the sale of bonds and is held harmless. Tony Fuller, Wal -Mart Stores representative, P.O.Box 116, Bentonville, Arkansas 72716, reported that the Baytown Wal -Mart Store will contain 79,900 square feet which is the largest structure that the company now erects. Projected sales for that store is between $11,000,000 to $12,000,000 annually. The store will employ about 120 people with only the manager and assistant manager to be transferred from other stores. The expenditure for personnel services is expected to be $875,000 yearly. The store will open in January or early March. Since there were no further comments or questions, Mayor Cannon declared the public hearing to be closed. Consider Proposed Resolution No. 894, Approving a Commercial Project to be Financed by Baytown Industrial Development Corporation Industrial Revenue Bonds (Wal -Mart Stores, Inc. Project) A written Resolution bearing the following caption was introduced: A RESOLUTION APPROVING THE ISSUANCE BY BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION OF ITS INDUS- TRIAL DEVELOPMENT REVENUE BONDS (WAL -MART STORES, INC. PROJECT); APPROVING THE RESOLUTION OF THE ISSUER AUTHORIZING SUCH BONDS AND THE ISSUANCE OF THE BONDS AUTHORIZED THEREBY; AND APPROVING THE PROJECT TO BE FINANCED WITH THE BONDS The Resolution, a full, true, a correct copy of which is attached hereto, was read and reviewed by the Governing Body. Therefore, it was moved by Councilmember Philips and seconded by Councilmember Fuller that the Resolution be passed and adopted, to be in effect immediately according to a vote of the members of the Governing Body and the Resolution was passed and adopted by the following vote: Ayes: Council members Philips, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: Councilman Johnson The Presiding Officer then declared the Resolution passed and adopted. 07 41108 -5 Minutes of the Regular Meeting - November 8, 1984 MINUTES APPROVED AND CERTIFIED TO BE TRUE AND CORRECT and to correctly reflect the duly constituted members and officers of the Governing Body of the City of Baytown, Texas, 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 Governing Body, all on this the 8th day of November, 1984. Authorized Officer ATTEST: Authorized Officer (SEAL) (For copy of Resolution, see Attachment "A. ") (For next page, see page 41108 -6) 41108 -6 Minutes of the Regular Meeting - November 8, 1984 Citv Manager's Report - continued Drainage - The Greenwood Project is about 50% complete. Work has begun on the Mockingbird /Clayton Streets Project. The Bolster Street Project is about 90% complete. 1984 Street Improvement Project - The road to the radio station is ready to be surfaced, also Yaupon and Arbor Streets are ready for surfacing. Trash Day - Saturday, November 10 is Trash Transfer Day. Mayor Cannon Reports on Hearing before Board of Texas Parks and Wildlife Department The Texas Parks and Wildlife Department Board considered the City of Baytown's application along with that of others for land acquisition and limited development in Brownwood. Mayor Cannon stated that Bobby Rountree, Director of Parks and Recreation for the City of Baytown, was notified of the staff recommendation that the City of Baytown appli- cation be rejected. The city had requested funding for one -half of the $511,000 required for that portion of the plan. Each point that the staff had a problem with had been addressed by Mr. Rountree and his staff including the fact that the city would be taking bids on November 14 to clear the debris from the area. State Representative Ed Emmett made a presentation encouraging approval of the application. Mayor Cannon was next to speak and he addressed the points of concern expressed by the staff. Jean Shepherd made a presentation in opposition, but State Representative Ed Emmett pointed out that Ms. Shepherd had asked that the area be considered for a state park at one point. Joe Allen, former state representative, stated that he didn't want to take the board's time with facts and figures, but he did want to commend the staff for its sound recommen- dation. Roxanne Gillum asked the board if they had ever been put out of their homes and not allowed to return. With this last presentation, the Chairman stated that the board did not wish to become involved with local political problems. Mayor Cannon stated that this dissident group had just cost the taxpayers of Baytown $255,000. What the city is trying to do here has nothing to do with the lawsuit. Applications are considered once each six months, therefore, the City of Baytown would not have an opportunity to apply again for another six months. Mayor Cannon stated that Council is united on this and that the entire community needs to be. Mr. Lanham stated that the city could present 41108 -7 Minutes of the Regular Meeting - November 8, 1984 the same application or develop a whole new application. The Mayor had indicated that the city would be back; there - fore, the ground work has been laid to reapply. Councilman Dickens had suggested that the city should start contacting other state representatives for the area, as well as state senators and others in the legislature to encourage the board to act favorably on the application. Mayor Cannon stated that the $255,000 would need to be addressed by Council at some point. Homeport Site Mayor Cannon stated that he would be traveling to Austin in the morning as the City of Baytown's representa- tive to discuss the Navy's homeport site. Councilman Simmons will be going as the representative of County Judge Jon Lindsay. Consider Request of Harris County Municipal Utility District No. 3 to Participate in Wastewater Discharge Permit Hearing Richard Kammerman, attorney for Harris County Municipal Utility District No. 3, appeared to request that the City Council authorize the City Attorney to appear at the pre - hearing conference scheduled by the Texas Water Commission on the industrial waste discharge permit renewal application filed by Anheuser -Busch for its "turf farm" located between Garth Road and North Main and Wallisville Road, just north of the city limits of Baytown to request and seek "party" status. As a party, the city has an opportunity to partici- pate in the proceedings. However, Mr. Kammerman suggested that upon being named as party, the city file a motion to continue this proceeding for at least sixty (60) days in order to allow the city to complete an investigation of the matter. Council discussed the matter at length expressing the desire to participate without having to go to a great amount of expense to present a case. Council felt that the burden of proof should rest with Anheuser- Busch. Councilman Simmons took exception to the paragraph of Mr. Kammerman's written presentation which stated that ,the city has an obligation to monitor and be involved in waste discharge activities which occur in its extra- terri- torial jurisdiction. He stated that the emphasis of City Council should be directed to the corporate boundaries of the City of Baytown. If Council can assist in some other way that would be fine, but he felt that he could not vote to lend assistance in this particular instance. 41108 -8 Minutes of the Regular Meeting - November 8, 1984 Randy Strong, City Attorney, stated that if Council is interested in participating as a party, he would need direction to do that. Regardless of the merit of hiring an expert to review the documents, he felt that if the city participates, he would need to ask for a delay just to become acquainted with the facts himself. He stated that if Council authorized him to intervene on behalf of the city, he would ask for a delay for that reason. This would allow time to review the documents and at some later time discuss the need, if any, to hire experts. Also, he pointed out that once the city becomes involved regardless of what the position Council may decide upon tonight, Council would have the option to change its posture at some later date. Councilman Philips moved to authorize the City Attorney on behalf of the City of Baytown to seek party status at the hearing on the renewal application of Anheuser -Busch for a discharge permit; Councilman Embry seconded the motion. The city attorney stated that he had not written the intervention document yet, but he felt that it should state that the city expects or fears some detrimental effects from the issuance of the permit and the city would like to investigate further. Council had no objection to this wording and in response to a question from Mr. Kammerman stated that the city attorney could file a motion of continuance as a procedural matter. Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Embry, Fuller and Dickens Mayor Cannon Nays: Councilman Simmons Councilman Embry made another point that the wish of Council is that the investigation to the extent possible rely on information that would be provided by Aneuser- Busch. Councilman Philips concurred and stated that Council, in effect, does not wish to hire a consultant or try to get new data. Council would like to move with the information at hand. Councilman Fuller asked if any action was necessary with regard to an expert witness. Mr. Lanham responded that the administration would come back to Council should this become necessary. Discuss Sign Ordinance Councilman Johnson had requested that this matter be placed on the agenda, but the city attorney advised that since the sign ordinance is under litigation that it would be best to include this matter for discussion under an executive session at the next Council meeting. IN 41108 -9 Minutes of the Regular Meeting - November 8, 1984 Consider Proposed Ordinance, Repealing Ordinance No. 3951, Requiring Mandatory Use of Garbage Bags The proposed ordinance will repeal Ordinance No. 3951, requiring the use of garbage bags and reinstating the pro- visions allowing the placement of cans or bags for garbage pickup. Items below that get into the issue of changes in the budget, whether or not the transfer from the general fund would be increased to finance the additional cost that the adoption of this ordinance would bring about. A second alternative would be an increase in the charge for collection of garbage or other items in the budget could be reduced. The repeal of the ordinance is the first step in the process. Councilman Dickens moved for adoption of the ordinance; Councilman Johnson seconded the motion. Leonard Stasney, Vice Chairman of the Clean City Commission, appeared on behalf of that group. He stated that the Clean City Commission is charged by the Council to conduct programs to improve the visual appearance of the city. The commission does that primarily through educational programs, attempting to change the waste handling habits of people. One of the strong supporting actions that the city has to take to support the commission is to promote the most efficient, most attractive, and most cost efficient waste handling procedures. Obviously, bagged garbage falls in this area. He mentioned the resolution that the commission adopted regarding support of improved waste handling. The commission would like to see the ordinance remain as it is. Obviously, garbage bags are clearly more efficient and cost-effective. It is a system that is more esthetically pleasing because once•the garbage truck passes, there are no cans and /or lids littering the landscape for a day or two. The commission's position is one of support. Mr. Stasney, a resident of 2209 Tuscan, spoke as a citizen as well. He stated that he has used garbage bags since 1967 or 1968 when the Council first considered garbage bags. At that time, the use of bags was not cost effective, but these bags are heavy bags and they only cost $ .07 a piece. From an economical standpoint, the use of garbage bags is certainly a feasible and viable alternative consid- ering the benefits to be gained. Mr. Stasney stated that it was clear to him that Council made its original decision based on cost effectiveness and on the visual appearance of the city and he felt that it was a decision that correctly reflected the benefit to the entire population of Baytown. He felt that this was Council's duty to do that. Citizens elect Council to look after their best interests. One of the things that is clear from the recent general election two days ago is the desire for more efficient government. Mr. Stasney submitted that that end should be worked toward at the local level as well as the state and federal level. 41108 -10 Minutes of the Regular Meeting - November 8, 1984 Mr. Stasney stated that he had made projections based on 11400 people signing the petitions that would represent only 8% which is a very small percentage for contesting the use of garbage bags. A number of people in Baytown, perhaps the majority of people in Baytown, use garbage bags already. Therefore, this is a concept that is well accepted by a large percentage of the citizens. Mr. Stasney stated that he was not advocating that the concerns of any group of citizens be ignored. There are ways to handle exceptions rather than impose an inefficient system on all the people of Baytown. He suggested that Council consider ways to allow people who want to use cans to use them and allow them to pay for that service. One way of accomplishing this would be to mark the curbs of those who desire the service and allow those people to pay extra. This way others would not be forced to subsidize inefficiency. Councilman Dickens responded that he understood what Mr. Stasney was saying, but he felt that Council had received a very strong mandate to rescind the ordinance. Councilman Fuller pointed out that many cities have gone to the use of garbage bags with no problem, and he felt that if the idea had been promoted prior to implementation, probably the resentment would not have been there. Mr. D.L. Guthrie, 4808 Burning Tree, disagreed with Mr. Stasney. He reiterated that the number that he had heard in the amount of savings is $186,000 a year and if you take 15,000 families, that equates to $12.50 per year per family. It will cost individuals more than that in trash bags. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 3998 AN ORDINANCE REPEALING ORDINANCE NUMBER 3951; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Recess and Reconvene Mayor Cannon called for a ten - minute recess. When the open meeting reconvened, the following business was trans- acted: 41108 -11 Minutes of the Regular Meeting - November 81 1984 Consider Proposed Ordinance, Amending Ordinance No. 3949, Adopting City of Baytown Budget for 1984 -85: To Increase Anticipated Revenues from Garbage Collection Fees Mr. Lanham explained that the action Council took to rescind the ordinance requiring the use of garbage bags necessitated an increase in the budget by $205,167. Included in that amount is an amount that would enable the city four times a year to give people who purchase garbage bags $1.00 discount on the cost of the bags to provide an incentive to encourage people on a volunteer basis to use bags. This is just one type of incentive that might be put in. The cost for that incentive would be about $40,000. The other costs are for personnel that would need to be placed back in the budget, plus the replacement cost for the vehicle, gasoline and equipment maintenance. There are three ways to generate the necessary $205,000. Two would involve additional revenues, wnlie the other woui items in the budget. The two prepared are based on the firs ordinance would increase the g would increase tax revenues at adopted to yield the $205,000. provision was made for since t guidance to do that would be t budget. A $1.45 increase in t generate the $205,000. Based administration had been using could be gained by a tax rate possibility is to reduce other i involve reaucing one or more )rdinances that have been : two assumptions. One irbage charge, and the other the time the tax rate is A third alternative which no ie administration would need > reduce other items in the ie garbage charge would )n tax evaluations that the zp to this point, the $205,000 )f just over $ .01. The third items of expenditure. Mr. Lanham mentioned that if the number of people who are presently using bags continues, one route can be cut. This would save $47,000 which $40,000 could be used to encourage the continued purchase of bags by offering the $1.00 rebate four times a year. Then if the trend continues upward, perhaps another route could be cut providing another $47,000 in savings. Council expressed opposition to increasing any user fees or increasing the tax rate and concurred that the area where the money could be derived would be from reductions in the budget. Council expressed the feeling that since the street budget had been increased by $200,000 over and above what is normally included in the budget for street recon- struction, that seemed to be the logical area for reduction. Mayor Cannon suggested that Council consider taking $100,000 from contingency and $100,000 from streets. Councilman Simmons stated that the contingency would be needed to cover that $250,000 on the Brownwood project. Mayor Cannon responded that taxes would have to be increased to take care of that. Council concurred that the street program would not be advanced with the $200,000 reduction, but it would remain on par with previous years. 41108 -12 Minutes of the Regular Meeting - November 8, 1984 Mr. Lanham stated that the administration would come back to Council with a transfer resolution to effect that change. Brownwood Plan Mayor Cannon stated that as long as the Council was discussing the budget, Council should address the short fall of $255,000 on the Brownwood plan. If the city is to proceed with the plan as discussed, additional funds are needed. Councilman Fuller inquired if that calendar could be delayed so that the city would not be looking at that ex- penditure within the next few months, and is it necessary to have that entire amount at one time? Bids will be coming in on November 14 on debris cleanup, but none of the money requested from the Parks and Wildlife Department was earmarked for this phase. The money from the Parks and Wildlife Department would have been used for land acquisition, and it is necessary to begin to make some purchases out there. There are property owners who want to sell. The largest amount that will be needed early is to be taken from revenue sharing and FEMA money which money is to be used for cleanup. However, it is necessary to start purchasing land which was to be a combination of revenue sharing funds and the grant funds. If the city spends local money or revenue sharing money, the city can't get the grant to match that. The city would need the grant beforehand. The money that would be used for debris clearance, the city's share would be $100000:in revenue sharing and $130,000 in community development funds, leaving Council with that issue to resolve. The land acquisition was $255,000 to be financed through Texas Parks and Wildlife and $355,000 of revenue sharing. The revenue sharing money has been appropriated. Council inquired why not shift priorities and go ahead and put what money there is available on land acquisition and delay development. Mr. Lanham stated that the city could do that, but if the city spends the money available, then there will be no money for matching the grant if received in the future. In response to an inquiry from Council, Mr. Lanham stated that the city could go ahead with the clearance of the area, but the city had hoped to be in the position to start acquiring land in the area. Council stated that it was evident that the citizens of Baytown did not wish to be faced with an increase in taxes to fund the Brownwood project when they rejected proposals having to do with Brownwood twice. 41108 -13 Minutes of the Regular Meeting - November 8, 1984 Council had no objection to the administration pro- ceeding with the clearance of the area. The administration is still trying to acquire permission to burn debris in the area. Council took no action on Items 9 and 10 on the agenda. Consent Request of HANSA Manufacturing Company for Exemptions Outlined in Section 1 Through 6 of the City of Baytown Resolution No. 767 Council is asked to consider a request of HANSA Manufacturing Company for exemptions outlined in Sections 1 through 5 of Resolution No. 767. Resolution No. 767 provides the following criteria for tax exemptions: 1. The first contract year of the calendar year in which construction is begun no compensation is due the City of Baytown. 2. Compensation due for the second, third and fourth contract years shall be calculated in the following manner: January 1 of the second contract year the anticipated fair market value of the new industry or an expansion shall be rendered to the City of Baytown. Its value shall be used for calculating the tax payment and the industrial district payment due the City of Baytown using the industrial district formula as per the standard contract. One -third of this amount shall be paid January 31, of each contract year beginning with the second contract year and ending with the fourth contract year. Adjustments as to the value shall be made during the fourth contract year. Payment reflecting any increase in value shall be due on or before December 31; any credits shall be deducted from the next year's industrial district payment. 3. For the purpose of the resolution and contract executed pursuant to the terms thereof, contract year shall mean January 1 through December 31 of that year. Rod Eggen, representative of HANSA Manufacturing Company, explained that HANSA plans to construct and operate a manufacturing facility immediately south of the Houston Lighting and Power Company plant on Cedar Bayou in Chambers County. The facility is basically a hydrocarbon processing facility. The actual process that will occur on site would be fairly selective -- fractionation, solvent extraction, as well as some sweetening and hydrotreating. The raw materials for the facility would be a full range of petroleum naphtha, supplemented with natural gasoline. Products would be mineral oil, mineral spirits and a fairly broad range of 41108 -14 Minutes of the Regular Meeting - November 8, 1984 alophatic solvents. The entire project will cost about $23,000,000 which expenditure shall be made over a period of about five years. Phase 1 of the project involves about a one year construction period and the total investment for that phase would be about $3,500,000 to $4,000,000. Mr. Eggen stated that the company is requesting exemptions under Resolution No. 767 based on the fact that this facility is new construction which will be sited within an industrial district, and the company plans to utilize local materials for construction, professional expertise, construction labor, operating labor on an on going basis. In addition, the company administration will be moved to Baytown which would be about ten people. Total employment would be about 35 people with a payroll of approximately $500,000 a year; another $23,000,000 a year will be purchases of materials and services. A great amount of that would be raw materials which probably would not have a big impact on the area. In response to an inquiry from Council, Mr. Eggen stated that the company had evaluated sites from Mobile to Corpus Christi. The overriding considerations were the proximity to the Houston ship channel for raw material acquisition and the locally available expertise -- engineering, as well as process expertise. The company is familiar with the regulatory bodies in Texas, and there is a very professional climate regulatory wise as well as general. The company is a small company; therefore, the industrial district policy did play a part in the decision to establish the company in the Baytown area. The total property site is 45 acres; Phase I will encompass about 15 acres. The flaring system for a number of reasons -- economic, as well as environmental will be of a low height on the order of 40 to 45 feet. There will be two on the property, one on the north side of the property and one on the south side. Councilman Philips emphasized the fact that the company would be building upwind from a large population with odor and smoke being emitted. The company needs to be very aware and sensitive that the company is coming in to a quiet area. There will be a citizen backlash if you flare at night and light the sky. Mr. Eggen stated that the flaring system that will be installed will be of the very latest technology. Councilman Johnson stated that he had met with Mr. Eggen in the neighborhood where he lives on two or three occasions, and Mr. Eggen has worked with the neighborhood and even changed certain plans because of comments and problems expressed by the neighborhood. The administration recommended approval of the request of HANSA Manufacturing Company for exemptions outlined in Sections 1 through 6 of the Baytown Resolution No. 767. Councilman Philips moved to approve the request of HANSA Manufacturing Company for exemptions outlined in Sections 1 through 6 of Resolution No. 767; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None 41108 -15 Minutes of the Regular Meeting - November 8, 1984 Consider Proposed Ordinance, Approving the Amended Contract for Sale of Treated Water Between BAWA and Lake Municipal Utility District This matter was discussed at the last Council meeting. Mayor Cannon had raised the question of how approving the amendment would affect the contract between BAWA and the City of Houston since that contract also provides for a minimum take or pay. Some months BAWA exceeds that and some months the minimum is not exceeded. The Mayor's con- cern was that if the City of Baytown does not hold the district to the contract that would be penalizing the citizens of Baytown. However, water usage has not been projected on surrounding districts. There are several approaches, such as in cases where the minimum take or pay is exceeded, the cost could be passed along to the districts, but the record keeping would be extensive. Besides, BAWA wants to encourage districts to use the facility; therefore, there seems to be more advantages to encouraging the use of BAWA. Mr. Lanham stated that back when the contract was entered into, the district had nothing on which to base its assumptions. They were thinking that the district would be developing very rapidly and that has not been the case. The contract provides that the minimum take or pay automatically move up after three years from 100,000 gallons per day to 200,000 gallons per day. The average daily consumption is about 110,000 gallons. At that point, BAWA had already signed the agreement with the City of Houston and the district had nothing to do with what the minimum take or pay under that agreement is. Councilman Embry inquired if the ordinance is adopted to amend the agreement, in any month in which BAWA is under the contract with the City of Houston, will this -cost the city more money than if not adopted. Mayor Cannon responded that he believed it would. Councilman Simmons pointed out that if the 100,000 gallons are exceeded the district will pay a penalty. Also, the point was made that if the district is under the 100,000 gallons, the district must still pay for 100,000 gallons per day. Councilman Embry stated that he understood, but if the district is kept at the 200,000 gallons per day, the district will be under the minimum take or pay all the time and will pay for the 200,000 gallons per day rate. BAWA will run over or under, but anytime BAWA runs under, this ordinance will cost BAWA additional money. Mr. Lanham pointed out that BAWA's contract provides for 8 million gallons per day whether this district is a customer or not. One of the options would be that anytime BAWA goes under its minimum take or pay the cost be shared on a per gallon basis among all the BAWA customers. However, he emphasized that this would be a tremendous bookkeeping problem. This would be the fair way to handle the problem. It would not be fair to say to one of these small districts that you must pay for twice as much water as you use, but the City of Baytown is only going to pay for 10% more than it uses. 41108 -16 Minutes of the Regular Meeting - November 8, 1984 Councilman Dickens felt that the district was responsible for looking at its needs and entered into a contract at that minimum take or pay. Councilman Philips stated that his sympathies rested with that line of thought, for example had the district constructed a water reservoir or tank or drilled a well, the district would not be able to recoup that capital cost. The district would have to wait until the growth caught up with the facility. The vote follows: Ayes: Council members Johnson, Simmons, and Fuller Mayor Cannon Nays: Council members Philips, Embry and Dickens ORDINANCE NO. 3999 AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT TO THE TREATED WATER CONTRACT BETWEEN LAKE MUNICIPAL UTILITY DISTRICT AND BAYTOWN AREA WATER AUTHORITY; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Amending the Subdivision Ordinance, Drainage Provisions to Provide Design Requirements for Detention Ponds At the joint meeting with the Planning Commission a few weeks ago, the fact that the way these facilities are con- structed contributes to the difficulty of maintenance was discussed. A list of possible design requirements was discussed at that time. Since that time, Norman Dykes, City Engineer /Director of Public Works, has refined these and has taken the proposed requirements and standards for detention facilities to the Planning Commission, and the Planning Commission has recommended that those standards be adopted and made a part of the subdivision regulations. A copy of those standards is attached to the minutes as Attachment "B." The administration recommended approval of the ordinance which will place the standards having to do with subdivisions in the subdivision ordinance. In response to an inquiry from Council, Norman Dykes stated that if several developers came to the administration with a request for a regional type facility, the administration would work with them to develop such a facility. Councilman Philips moved for adoption of the ordinance; Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None IN 41108 -17 Minutes of the Regular Meeting - November 8, 1984 ORDINANCE NO. 4000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 27, "SUBDIVISIONS," BY THE ADDITION OF A NEW SUBSECTION (c) AND (d) TO SECTION 27 -72, ESTAB- LISHING DETENTION FACILITY DRAINAGE IMPROVEMENT STANDARDS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF Consider Proposed Ordinance, Amending the Building Code, to Add Design Requirements for Detention Ponds The proposed ordinance will amend the building code to add design requirements for detention ponds. The adminis- tration recommended approval. Councilman Dickens moved for adoption of the ordinance; Councilman Embry seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 4001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 7, "BUILDING," BY THE ADDITION OF A NEW SUBSECTION (e) TO SECTION 7 -8, ESTABLISHING DETENTION FACILITY DRAINAGE IMPROVEMENT STANDARDS; REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consider Proposed Ordinance, Awarding Bid on Emergency Basis, to Golden Triangle for Pipe, Valves, and Other Hardware to Connect Park Street Water Well to City Water Main The city is in the process of changing all the wells where there is a ground storage tank to pump the water directly into the mains rather than going through the ground storage. This was being done at the Park Street well when it was noted that some of the valves have corroded. In order to get the change accomplished as quickly as possible, telephone bids were taken. The staff feels that very competitive bids were received. The low bidder was Golden Triangle for the amount of $4,766.58. The administration recommended approval of the ordinance on an emergency basis. Councilman Embry moved for adoption of the ordinance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None For bid tabulation, see Attachment "C" 41108 -18 Minutes of the Regular Meeting - November 8, 1984 ORDINANCE NO. 4002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, DECLARING THAT AN EMERGENCY SITUATION EXISTS, AUTHORIZING THE PAYMENT OF THE SUM OF FOUR THOUSAND SEVEN HUNDRED SIXTY SIX AND 58/100 ($4,766.58) DOLLARS TO GOLDEN TRIANGLE FOR REPAIR WORK TO A CITY WATER WELL; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Consent Agenda Council considered the Consent Agenda as follows: a. Proposed Ordinance No. 41108 -8, will authorize final payment for the 1983 Community Development Project: Street and Drainage Improvements to West Gulf and West Humble. The contractor, Angel Brothers Enterprises, Inc. has completed the street and drainage improvements to W. Gulf and W. Humble in accordance with the plans and specifi- cations. The original contract was awarded in the amount of $299,262.50. There were no change orders executed. The total work performed to date is in the amount of $291,899.071, thus having an underrun of $7,363.43. The contractor has been paid $256,580.38, leaving a balance of $35,318.69. We recommend the final payment be made to Angel Brothers Enterprises, Inc. in the amount of $35,318.69. b. Proposed Ordinance No. 41108 -91 will authorize an Interlocal Agreement with the City of La Porte for the purchase of plastic garbage bags. The City of Baytown, the City of La Porte, and the City of Seabrook have combined to take bids on 30 gallon plastic garbage bags. The low bidder was Adam's Industries with a bid of $3.07 per roll of 52 bags. Delivery is set to be December 30, 1984, in the City of La Porte warehouse. Our quantity is 1 million bags and this will result in an expendu- ture of $59,052. Bids were mailed to fourteen vendors and seven bids were received. We recommend approval of Proposed Ordinance No. 41108 -9. c. Proposed Ordinance No. 41108 -10, will award the annual microfilming service contract. Bids were mailed to seven vendors and one proposal was received. Microfilm Systems submitted the low bid of $1,544. We recommend the low bidder, Microfilm Systems, be awarded this contract. 41108 -19 Minutes of the Regular Meeting - November 8,,1984 d. Proposed Ordinance No. 41108 -11, will award the bid for a desk top copier. Bids were mailed to nine vendors and eight proposals were received. Global Services, Inc. submitted the low bid of $5,767.74. We recommend the low bidder, Global Services, Inc., be awarded this contract. e. Council is asked to consider the request of Donald Moss for water service at 1211 East Cedar Bayou Lynchburg. There are existing facilities in the area and Mr. Moss is aware of all fees and in- dicates he will install piping from the water meter to his house. Enclosed in the agenda packet is a copy of a memorandum from Mr. Moss to Norman Dykes, making this request. We recommend approval of Mr. Moss's request. f. Council is asked to consider authorizing the administration to advertise for bids to paint and repair the elevated water tower and ground storage tank on Bayway Drive. A recent inspection of the elevated tower indicates that the interior services are not in need of repair and will probably remain in satisfactory condition for another five years. The upper six feet of interior wall and roof of the ground storage tank above the water line, however, should be sandblasted and coated at this time. The last painting repairs to the elevated tank were made in 1975 and to the ground storage tank in 1977. Estimated cost to do this work is $65,000. Available funds are limited to $56,365.95 from encumbered 1983 -84 budget monies. Since the estimated cost to repair the exterior of both tanks is $50,000, it is recommended that bids be taken on this work with an alternate bid item to make the interior paint repairs on the ground water storage tank. Competitive bidding may enable the city to obtain all desirable maintenance work within available funds. Completion of this painting maintenance work will extend the life of this important facility and enhance its appearance. We recommend approval to authorize for bids. Councilman Johnson moved for adoption of the Consent Agenda Items a through f; Councilman Simmons seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None 41108 -20 Minutes of the Regular Meeting - November 8, 1984 ORDINANCE NO. 4003 AN ORDINANCE AUTHORIZING FINAL PAYMENT TO ANGEL BROTHERS ENTERPRISES, INC. FOR THE 1983 COMMUNITY DEVELOPMENT PROGRAM, STREET AND DRAINAGE IMPROVEMENTS TO WEST GULF AND WEST HUMBLE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. (Proposed Ordinance No. 41108 -8) ORDINANCE NO. 4004 AN ORDINANCE AUTHORIZIN, TO EXECUTE AND THE CITY AGREEMENT WITH THE CITY CITY OF LAPORTE, TEXAS, THE PURCHASE OF PLASTIC EFFECTIVE DATE HEREOF. 3 AND DIRECTING THE CITY MANAGER CLERK TO ATTEST TO AN INTERLOCAL OF LAPORTE,-TEXAS, APPOINTING THE AS THE CITY'S PURCHASING AGENT FOR GARBAGE BAGS; AND PROVIDING FOR THE (Proposed Ordinance No. 41108 -9) ORDINANCE NO. 4005 AN ORDINANCE ACCEPTING THE BID OF MICROFILM SYSTEMS FOR THE ANNUAL MICROFILMING SERVICE CONTRACT AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF ONE THOUSAND FIVE HUNDRED FORTY -FOUR AND N01100 ($1,544.00) DOLLARS. (Proposed Ordinance No. 41108 -10) ORDINANCE NO. 4006 AN ORDINANCE ACCEPTING THE BID OF GLOBAL SERVICES, INC. FOR THE PURCHASE OF A DESK TOP COPIER AND AUTHORIZING THE PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF FIVE THOUSAND SEVEN HUNDRED SIXTY -SEVEN AND 74/100 ($5,767.74) DOLLARS. (Proposed Ordinance No. 41108 -11) For bid tabulations, see Attachments "D" and "E." Consider Appointments to Cultural Arts Council Councilman Embry moved to appoint Carol Schweitzer to fill the unexpired term of Jimmy Elliott on the Cultural Arts Council, to reappoint Thurman Rowlett and appoint Ben Gollehon to replace Mildred Jones. Councilman Johnson seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None IN 41108 -21 Minutes of the Regular Meeting - November 8, 1984 Recess Into Executive Session to Discuss Purchase of Real Estate Mayor Cannon recessed the open meeting into executive session to discuss purchase of real estate. When the open meeting reconvened, the following business was transacted: Consider Proposed Ordinance, Authorizing Purchase of Additional Right of Way on Massey Tompkins Road Randy Strong, City Attorney, explained that the proposed ordinance will authorize the acquisition of right of way along Massey Tompkins in the vicinity of Raccoon Road. By adoption of the ordinance, Council would be approving the city attorney to offer on behalf of the City of Baytown to Raccoon Road Limited, $26,898 for the right of way and other properties required in the area. Councilman Dickens moved for adoption of the ordinance; Councilman Fuller seconded the motion. The vote follows: Ayes: Council members Philips, Johnson, Simmons, Embry, Fuller and Dickens Mayor Cannon Nays: None ORDINANCE NO. 4007 AN ORDINANCE AUTHORIZING THE CITY ATTORNEY TO MAKE OFFERS AND ON BEHALF OF THE CITY.`OF BAYTOWN TO THE OWNERS OR OTHER PARTIES IN INTEREST FOR THE ACQUISITION OF CERTAIN TRACTS DESCRIBED HEREIN REQUIRED FOR STREET IMPROVEMENT PURPOSES; REQUIRING THAT SUCH OFFERS BE ACCEPTED WITHIN FIFTEEN (15) DAYS; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS IN THE EVENT SUCH OFFERS ARE REFUSED; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. Adjourn There being no further business to be transacted, the meeting was adjourned. Eileen P. Hall, City Clerk Attachment "A" RESOLUTION NO. 894 A RESOLUTION APPROVING THE ISSUANCE BY BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION OF ITS INDUSTRIAL DEVELOPMENT REVENUE BONDS (WAL -MART STORES, INC. PROJECT); APPROVING THE RESOLUTION OF THE ISSUER AUTHORIZING SUCH BONDS AND THE ISSUANCE OF THE BONDS AUTHORIZED THEREBY; AND APPROVING THE PROJECT TO BE FINANCED WITH THE BONDS WHEREAS, the City of Baytown, Texas (the "Unit ") has approved and authorized the creation of the Baytown Industrial Development Corporation (the "Issuer ") as a Texas nonprofit corporation, pursuant to the provisions of the Development Corporation Act of 1979, as amended, (the "Act "), to act on behalf of the Unit to promote and develop industrial, manufacturing and commercial enterprises to promote and encourage employment and the public welfare; and WHEREAS, the Issuer is authorized by the Act to issue its revenue bonds on behalf of the Unit for the purpose of paying all or part of the cost of a "project," as defined in the Act; and WHEREAS, the Issuer, on November 8, 1984, adopted a resolution (the "Resolution ") authorizing the issuance and sale of its $2,660,000 Industrial Development Revenue Bonds (Wal -Mart Stores, Inc. Project) (the "Bonds ") under the terms and provisions of an Indenture of Trust and Mortgage (the "Indenture ") between the Issuer and Commercial National Bank in Shreveport as Trustee and by the Resolution has authorized a Lease Agreement (the "Lease Agreement ") with Wal -Mart Stores, Inc. (the "Lessee ") wherein the Issuer agrees to issue and sell the Bonds and lease the "project" (the "Project ") described therein to the Lessee; and WHEREAS, the Resolution approves and confirms the sale of the Bonds to Stephens Inc. (the "Underwriter ") and authorizes an Underwriting Agreement (the "Underwriting Agreement ") between the Issuer and the Underwriter (collectively the Resolution, the Lease Agreement, the Indenture, the Underwriting Agreement and all other agreements contemplated thereby are referred to as the "Bond Documents "); and WHEREAS, the Act requires that the governing body of the Unit approve, by written resolution, the Resolution; and WHEREAS, the Texas Economic Development Commission's Rules for Issuing Industrial Revenue Bonds (the "Commission Rules ") require, with respect to commercial projects in "economically depressed areas," the city that established the economically depressed area to approve projects located therein after posting notice and holding a public hearing thereon; and WHEREAS, the Project is located within an economically depressed area established by the Unit; and 0133P WHEREAS, this Governing Body, after posting notice in accordance with law and before the adoption of this Resolution, conducted a public hearing relative to its approval of the Project pursuant to and in accordance with the Commission Rules; and WHEREAS, Section 103(k) of the Internal Revenue Code of 1954, as amended, (the "Code ") requires the' Unit's approval of the issuance of the Bonds and the facilities to be financed with the Bonds after a public hearing following reasonable public notice; and WHEREAS, this Governing Body conducted such public hearing on November 81 1984, following publication of notice thereof; and WHEREAS, this Governing Body has reviewed the Resolution and intends, by adoption of this resolution, to approve the Project, the Resolution and the issuance of the Bonds upon the terms set forth in the Resolution and in the other Bond Documents which set forth by description or reference the amount and purpose of the Bonds, and which descriptions and references and statements of amount and purposes are incorporated herein and to make the findings required by the Act to approve the Project; and WHEREAS, this Governing Body further intends to approve the Project and the issuance of the Bonds and the facilities to be financed with the Bonds for the purposes of the Commission Rules,in compliance with Section 103(1:) of the Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: SECTION 1. The Resolution, and the issuance of the Bonds in the amount and for the purposes therein described and referred to in the preambles hereof, are hereby approved in accordance with Section 25(f) of the Act, a copy of which Resolution is attached hereto and made a part hereof. SECTION 2. The Unit, acting through this Governing Body hereby approves the Project and the Bonds for the purposes of the Commission Rules and for purposes of Section 103(k) of the Code. SECTION 3. The Unit, acting through this Governing Body, hereby finds, determines and declares, but solely for its own purposes in performing its duties under the Act and the Commission Rules that: (a) the Project is located in an economically depressed area designated by the Unit and will contribute significantly to the fulfillment of the redevelopment objectives of the Unit for such economically depressed area; (b) the Project conforms to the resolution adopted by the Governing Body of the Unit, pursuant to the Act and the Commission Rules, designating the economically depressed area in which the Project is located; and (c) the Project is in furtherance of the public purposes of the Act. 0133P -2- SECTION 4. This Resolution shall take effect immediately from and after its adoption. PASSED AND APPROVED this 8th day of November, 1984. Authorized Officer ATTEST: Authorized Officer [SEAL] 0133P -3- RESOLUTION A RESOLUTION AUTHORIZING THE ISSUANCE OF INDUS- TRIAL DEVELOPMENT REVENUE BONDS (WAL -MART STORES, INC.. PROJECT) IN THE AGGREGATE PRINCIPAL AMOUNT OF $21660,000; AUTHORIZING THE EXECUTION AND DELIVERY OF A LEASE AGREEMENT BETWEEN BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION, AS LESSOR, AND WAL -MART STORES, INC., AS LESSEE; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INDENTURE OF TRUST AND MORTGAGE SECURING SAID BOND; AND CONFIRMING SALE OF SAID BONDS TO THE UNDERWRITER THEREOF, AND RELATED MATTERS WHEREAS, the Baytown Industrial Development Corporation, a nonprofit corporation organized and existing under the laws of the State of Texas (hereinafter sometimes referred to as the "Issuer "), is authorized by the Development Corporation Act of 1979, as amended, Article 5190.6, Vernon's Texas Civil Statutes (the "Act "), to acquire, whether by construction, devise, purchase, gift, lease or otherwise, any one or more of such methods and to construct, improve, maintain, equip and furnish one or more projects as defined in the Act; and WHEREAS, the Issuer is authorized by the Act to issue its revenue bonds payable from lease rentals and secured by a mortgage on the lands, buildings and facilities so leased; and WHEREAS, the Issuer has made the necessary arrangements with Wal -Mart Stores, Inc., a Delaware corporation (the "Lessee "), for the construction, acquisition and equipping of certain facilities consisting of a retail discount department store facility, with necessary parking (hereinafter referred to as the "Project "), located in an "economically depressed area" of the City of Baytown, Texas (the "Unit "), which will promote industrial and commercial development and expansion, employment and the public welfare within the State of Texas; and WHEREAS,..it is proposed to pay the cost of the Project through the issuance of revenue bonds pursuant to the provisions of the Act; and WHEREAS, the aggregate cost of the Project has been determined to be not less than $2,660,000 and it is necessary and advisable that provisions be made for the issuance of Industrial Development Revenue Bonds (Wal -Mart Stores, Inc. Project) of the Issuer in the aggregate principal amount of S2,660,000, as authorized and permitted by the Act; and WHEREAS, the Issuer proposes to enter into a Lease Agreement dated as of November 1, 1984, (the "Lease Agreement ") with the Lessee specifying the terms and conditions of the acquisition, construction and equipping of the Project and the leasing of the same to the Lessee; and WHEREAS, the Issuer proposes to issue and sell its Industrial Development Revenue Bonds, in order to finance the acquisition, construction and equipping of the Project as aforesaid and said bonds will be issued under the terms of a proposed 0 ll]P Indenture of Trust and Mortgage, dated as of November 1, 1984, (the "Indenture "), between the Issuer and Commercial National Bank in Shreveport, Shreveport, Louisiana as Trustee (the "Trustee "); and WHEREAS, this Board' of Directors deems it appropriate and advisable to authorize the issuance and confirm the sale of such bonds and to authorize the execution and delivery of the appropriate agreements, indenture, contracts and other debt and security documents hereinafter approved; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN INDUSTRIAL DEVELOPMENT CORPORATION, AS FOLLOWS, TO WIT: SECTION L The capitalized terms used in this Resolution shall have the meanings, prescribed for such terms in the Lease Agreement and Indenture as approved hereby. SECTION 2. This Board, acting on behalf of the Issuer, hereby finds, determines and declares, but solely for its own purposes in performing its duties under the Act and the regulations of the Texas Economic Development Commission, that: (a) The Project is in furtherance of the public purposes of the Act, is required or suitable for the promotion of commercial development and expansion or for use by commercial enterprises and will provide and encourage employment in the Unit and the State. (b) The Project will contribute to the economic growth or stability of the Unit by increasing or stabilizing employment opportunity, significantly increasing or stabilizing the property tax base and promoting commerce within the Unit and the State. (e) The material requirements for and prerequisites to final approval of the Lessee's request to the Issuer to finance the Project through the issuance of the Bonds have been or will be met by the Lessee and the instruments and documents herein approved are in form and substance satisfactory tv this Board. SECTION 3. (a) That the form, terms and provisions of the proposed Indenture be, and they hereby are, in all respects approved, and that the President or the Vice President and the Secretary or Assistant Secretary be, and they are hereby authorized, empowered and directed to execute, acknowledge and deliver the Indenture in the name and on behalf of the Issuer, and thereupon to cause the Indenture to be executed, acknowledged and delivered to the Trustee herein named, and the Indenture shall constitute a mortgage lien, subject to Permitted Encumbrances (as defined in the Indenture), for the security of the Bonds issued thereunder upon the property of the Issuer described in the Indenture and an assignment of the rents payable under the Lease Agreement; that the Indenture is to be in substantially the form as submitted to this Board at this meeting and hereby approved, or with such changes therein as shall be approved by the officers of the Issuer executing the same, their execution thereof to constitute conclusive evidence of their approval of any and all changes or revisions therein from the form of 0111 P -2- Indenture hereby approved and that from and after the execution and delivery of the Indenture, the officers, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Indenture as executed; : (b) That the _ form, terms and provisions for the proposed Lease Agreement be, and they hereby are, in all respects approved, and that the President or the Vice President and the Secretary or Assistant Secretary be, and they are hereby authorized, empowered and directed to execute, acknowledge and deliver the Lease Agreement in the name and on behalf of the Issuer, and thereupon to cause the Lease Agreement to be delivered to the Lessee; that the Lease Agreement is to. be in substantially the form submitted to this Board at this meeting and hereby approved, or with ,such changes therein as shall be approved by the officers of the Issuer executing the same, their execution thereof to constitute conclusive evidence of their approval of any and all changes or revisions therein from the form of Lease Agreement hereby approved; and that from and after the execution and delivery of the Lease Agreement, the officers, agents and employees of the Issuer are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Lease Agreement as executed. SECTION 4. That the President or the Vice President and the Secretary or Assistant Secretary be, and hereby are, authorized, empowered and directed to cause the Bonds to be prepared, in the form and having the other terms and provisions specified in said Indenture (as executed and delivered). SECTION 5. That the sale of Bonds in the aggregate principal amount of $2,660,000 to Stephens Inc. (the "Underwriter ") at the price of 97.5% of par plus accrued interest, if any, to the date of delivery thereof, be and the same is hereby approved and confirmed and that the form, terms and provisions of the Underwriting Agreement (the "Underwriting Agreement ") between the Issuer and the Under% %Titer submitted to this Board at this meeting be, and they hereby are in all respects approved, and that the President or Vice President and the Secretary or Assistant Secretary be, and they are hereby authorized, empowered and directed to execute and deliver the Underwriting Agreement in the name and on behalf of the Issuer, and thereupon to cause. the Underwriting Agreement to, be executed, acknowledged and delivered to the' Underwriter; that the Underwriting Agreement is to be in substantially the form submitted to this Board at this meeting and hereby approved, or with such changes therein as shall be approved by the officers of the Issuer executing the same, their execution thereof to constitute conclusive evidence of their approval of any and all changes or revisions therein from the form of Underwriting Agreement hereby approved. SECTION 6. That the Under% %Titer is hereby authorized to use the Official Statement submitted to this Board at this meeting in connection with the issuance and sale of the Bonds and the information contained therein is approved, but only in respect to those descriptions contained therein which describes the Issuer, the Bonds, the Lease Agreement and the Indenture. The President or Vice President are hereby authorized, empowered and directed to execute the Official Statement in the name and on behalf of the Issuer in the form submitted to this Board at this meeting 0133P -3- DETENTION FACILITIES Attachment "B" REQUIREMENTS AND STANDARDS - A. Standards: The detention facility shall be designed for easy main- tenance. Every consideration shall be given to designing the facil- ity for multipurpose use such as playground, ball field, minipark, etc. to assure that maintenance will be accomplished. The design shall include the following: 1. A 20 foot maintenance roadway shall encompass the perimeter of the detention facility and shall be considered a part of the facility. 2. A.12 foot wide concrete access ramp shall be provided into the basin for maintenance equipment access. 3. An earthen detention basin shall have minimum side slopes of 3:1 and a minimum width bottom of 10 feet. 4. A 5 foot wide, 6 inch thick reinforced concrete trickle channel shall be constructed through the basin bottom to accommodate low flow and allow fast drying. 5. The bottom of the detention basin shall have a minimum 0.2% cross slope to facilitate quick drainage. 6. Inlets and outlets and required trash racks shall be located so as to be easily accessible. 7. Detention basin, maintenance roadway, and right -of -way shall be hydromulched with bermuda seed and watered to facilitate full grass coverage. S. Provide ingress /egress (dedicated right -of -way, if necessary) to the detention basin. B. Title Ownership and Maintenance: Detention and drainage facilities herein provided for shall be dedicated to the public and maintained by the public unless such facilities are an integral, usable part of the development, in which case the ownership and maintenance of said facilities may remain with the private sector. 9/26/84 with such changes therein as shall be approved by the officer of the Issuer executing the same, his execution thereof to constitute conclusive evidence of his approval of any and all changes and revisions therein from the form of Official Statement hereby approved. SECTION 7. That the President or Vice President and Secretary or Assistant Secretary for and on behalf of the Issuer, be and they are hereby authorized and directed to do zny and all things necessary to effect the execution and delivery of the Indenture and acceptance thereof by the Trustee, the performance of all obligations of the Issuer under and pursuant to the Indenture, the execution and delivery of the Bonds, and the performance of all other acts of whatever nature necessary to effect and carry out the authority conferred by this Resolution, the Indenture and the Underwriting Agreement. The President or Vice President and Secretary or Assistant Secretary -be, and 'they are hereby, further authorized and directed . for and on behalf of the Issuer, to execute all papers, documents, certificates and other instruments that may be required for the carrying out of the authority conferred by this Resolution and by the Indenture, or to evidence the said authority and its exercise. The Issuer hereby elects to have the provisions of Section 103(b)(6)(D) of the Internal Revenue Code of 1954, as amended, apply to the hereinabove described issue of industrial development revenue bonds. SECTION 8. That the provisions of this Resolution are hereby declared to be separable and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. SECTION 9. This Resolution shall take effect immediately upon its adoption. ADOPTED this 8th day of November, 1984. ATTESTED: [SEAL] 0 2 3 3 P Authorized Officer -4- uthorized Officer Q r 1 Xh O Y co .v. f 0 w N O O 3 ro H ro n H H Z i r_a jY s ED n O W 'II rr> 7� z a R R A R 0 A O Z in r) n b b h 0 C Z C1 f tl X N O b O N � f7 f�l rn rn x A ON A n m 'o n m vi x x v "-I • o 0 ro A — — — — — n nl — n nl <n lJl X —1 [11 Ln ,V N Q r 1 Xh O Y co .v. f 0 w N O O 3 ro H ro n H H Z i r_a jY s ED n O W 'II rr> 7� z a R R A R 0 as EL TLE: DESK TOP COPIER .ID: #8409 -110 OCTOBER 25, 1984 2:00 P.M. t- I I I Ur 0111 i v:av BID TABULAT I Oil Attachment "E" IT E'4 QTY I UNIT DESCRIPTION MINOLTA BUSINESS SYSTEMS MONROE SYSTEMS FOR BUS. XEROX CORPORATION ' ' GLOBAL SERVICES INC. UNIT PRICE: EXT. PRICE UNIT PRICE EXT. PRICE U14IT PRICE I EXT. PRICE IUNIT PRICEIEXT. PRICE 1 each DESK TOP COPIER, per $6,992.00 $1,195.00* NO BID $5,767.74 specifications. MODEL: 45OZ RL630RE I NP270AF /S Canon 5 Days I 0 -30 Da s 14 Days SPECIAL CONDITIONS': Maintenanc agreement *Does not me t spec on Photorecep•or drum I covers up lo - eop+eIs--3ee- 60,000 year. exposure coitrol, byp . sheet I I un er i -T ALTERNATE warran y. � $6,122.14 I ALTERNATE 11 $5,999.55 1 Model: Capon NP350AF /S I ode I I D Tivery:1 21 Days Does not m yet specs on I -Lnrpcp or dr Ft Cohtl s ad aposure ro try l I tinder warranty ALTERNATE 21 $7,580.50 I I Model: RL6�lORE Doe�noe t�mbet`�specs I on I I I s��stu[e a strol and Bids were mailed to 9 vendors,I 8 responded. ( I I I I ()=LIVERY NET TOTAL I I I ( I I I I I CITY 0: P.AYTO::'N BID TASULATI 4 ITLE: ANNUAL MICROFILMING SERVICE CONTRACT ID: #8408 -98 D'.TE: OCTOBER 17, 1984 2:00 P.M. Attachment "D" i7F'�1 QTY UNIT DESCRIPTION MICROFILM SYSTEMS SOUTHERN MICROFILM UNIT PRICE EXT. PRICE UNIT PRICE I EXT. PRICE I UNIT PRICE EXT. PRICE WNIT PRIC;TEXT. PRICE I I ANNUAL MICROFILMING SERVICE NO BID I per specifications. 1 Section I.- 35MM Microfilming la 1 2000 exposure) Silver Halide - originals .30 $ 600.00 lb 1 4 rolls I Silver Halide - duplicate 15.50 $ 62.00 ' lc 1 2000 exposurel Aperture Cards .30 $ 600.00 SUB TOTAL $1,262.00 I 2 1 Section II - 16MM Microfilming 2a 1100001 ex osurd Silver Halide - Originals 22.00 $ 220.00 2b 1 51 rolls Silver Halide - duplicate 12.50 $ •62.50 SUB TOTAL $ 282.50 TOTAL: $1,544.50 DELIVERY: 5 -10 Days SPECIAL CONDITIONS: ( *Quantities /frequency vs.I I specs prohib t them from responding. I DELIVERY N =T OTAL I I ( I I I ( I I TLE: DECK TOP COPIER 1 , Doti OCTOBER 25, 1984 2:00 P.M. C I TY OF BAYTO::'N BID TABULATION 1TF'�I QTY UNIT DESCRIPTION PITNEY BOWES ; UNIT PRICE EXT. PRICE UNIT PRICE EXT. PRICE I UNIT PRICE EXT. PRICEIUNIT PRICEIEXT. PRICE 1 each DESK TOP COPIER, per $51918.00* I specifications. I _ I MODEL: Pitney Bows 3800 I ( I DELIVERY: 30 Days I I ( I I 1 SPECIAL CONDITIONS:• *Does not m et specs on I I I I copy speed and enlargem+ t. I ( I I I I I I I I I I I I I I I I I I I I I I I I i I I I I ! I DE LIVERY t`:_ TOTAL ----------- ITLE: DESK TOP COPIER ID: #8409 -110 OCTOBER 25, 1984 2:00 P.M. CITY OF P.AYTU.-3q BID T.4j'JLAT I ON w �rl TES QTY UNIT DESCRIPTION IBM ItATHERNE'S INC. AMPEX BUSINESS MACHINES ZENO SYSTEMS U1qIT PRICE EXT. PRICE UNIT PRICE I EXT. PRICE I U1.lIT PR1Cc EXT. PRICEIUNI7 PRICE I- XT. PRICE 1 each DESK TOP COPIER per NO BID $7,500.00 NO RESPON PE NO RESPON5 specifications. MODEL: I Gestetner I214ORE ' I DELIVERY: 15 Days I +I I I I I I I I DELIVERY NET _, TAL T_,.._ I ( I I I