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
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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
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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
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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