1997 11 25 CC Minutes, SpecialMINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
November 25,1997
The City Council of the City of Baytown, Texas, met in special session on
November 25, 1997, at 5:15 p.m., in the Baytown City Hall, 2123 Market Street, with the
following in attendance:
Victor Almendarez
Council Member
David Byford
Council Member
Manuel Escontrias
Council Member
E. Frank Hinds, Jr.
Council Member
Stephen DonCarlos
Council Member
Scott Sheley
Council Member
Pete C. Alfaro
Mayor
Bobby Rountree
City Manager
Ignacio Ramirez
City Attorney
Eileen P. Hall
City Clerk
The meeting was opened with a quorum present after which Mayor Alfaro
recessed into executive session pursuant to Section 551.071 of the Texas Government
Code to discuss land acquisition.
When the open meeting reconvened, Mayor Alfaro announced that no action was
necessary as a result of the executive session.
Adjourn
As there was no further business to be transacted, the meeting was adjourned.
Eileen P. Hall, City Clerk
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
November 25,1997
The City Council of the City of Baytown, Texas, met in regular session on
November 25, 1997, at 6:30 p.m., in the John Tucker Hall, Lee College, with the
following in attendance:
Victor Almendarez
Council Member
David Byford
Council Member
Manuel Escontrias
Council Member
E. Frank Hinds, Jr.
Council Member
Stephen DonCarlos
Council Member
Scott Sheley
Council Member
Pete C. Alfaro
Mayor
Bobby Rountree
City Manager
Ignacio Ramirez
City Attorney
Eileen P. Hall
City Clerk
The meeting was opened with a quorum present, and Council Member Sheley led
the Pledge of Allegiance and offered the invocation, after which the following business
was conducted:
Consider Approval of Minutes for Regular and Special Meetings held on
November 13, 1997
Council Member Escontrias moved to approve the minutes. Council Member
Hinds seconded the motion. The vote follows:
Ayes: Council Members Byford, Escontrias, Hinds
DonCarlos, Almendarez, and Sheley
Mayor Alfaro
Nays: None
971125 -2
Minutes of the Regular Meeting — November 25, 1997
Consider Proposed Ordinance No. 971125 -1 Second and Final Reading on the
Proposed Annexation of a 13 -Acre Tract North of Baker Road at Emmett O. Hutto
Boulevard
Consider Proposed Ordinance No. 971125 -2 Placing Annexation of a 13 -Acre Tract
North of Baker Road at Emmett O. Hutto Boulevard in Proper Council District
In accordance with state law and the Charter of the City of Baytown, the first
reading on annexation was held not more than forty nor less than twenty days after the
public hearings. Public hearings on the proposed annexation of this tract were held on
September 11, 1997. Proposed Ordinance No. 971125 -1 was published on the first
reading and at least thirty days have elapsed since publication.
Upon annexation of the new territory, Proposed Ordinance No. 971125 -2 places
the site in Council District No. 3. Council Member Almendarez moved to adopt the
ordinances. Council Member Byford seconded the motion. The vote follows:
Ayes: Council Members Byford, Escontrias, Hinds
DonCarlos, Almendarez, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8100
AN ORDINANCE PROVIDING FOR THE EXTENSION OF
CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN,
TEXAS, AND THE ANNEXATION OF A THIRTEEN (13) ACRE
TRACT NORTH OF BAKER ROAD AT EMMETT O. HUTTO
BOULEVARD CONTIGUOUS TO EXISTING CITY LIMITS;
WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN
THE PRESENT BOUNDARY LIMITS FOR THE CITY OF
BAYTOWN, TEXAS.
ORDINANCE NO. 8139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN ADDING A THIRTEEN (13) ACRE TRACT NORTH
OF BAKER ROAD AT EMMETT O. HUTTO BOULEVARD TO
COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
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Minutes of the Regular Meeting — November 25, 1997
Consider Proposed Ordinance No. 971125 -3 Second Reading on Proposed Franchise
with TCI Cablevision of Texas, Inc.
This is the second reading on the ordinance granting a franchise to TCI
Cablevision of Texas, Inc. The City's Charter requires that the franchise be read at three
separate regular meetings of the Council. The franchise will not be effective until sixty
days after it final passage during which time the text of the full ordinance is published
once each week for four consecutive weeks. The proposed franchise requires an upgrade
to the existing cable system; internet access to the City, to Lee College, and to GCCISD
if such service is offered in the service area; an institutional network be provided at a
discounted rate; public educational and governmental channels; specific customer service
standards; and a franchise fee of three percent of gross revenues.
Council Member Escontrias moved to approve the ordinance. Council Member
DonCarlos seconded the motion.
Council Member Sheley said that although he previously voted in favor of the
three - percent increase, after further study, he now favored the five- percent increase
because he thought the increased revenue would help all Baytonians. The vote follows:
Ayes: Council Members Escontrias, Byford, and DonCarlos
Nays: Council Members Almendarez, Hinds, and Sheley
Mayor Alfaro
Council Member Almendarez stressed that he had a problem with the ten -year
term and would like to see that changed.
Consider Proposed Ordinance No. 971125 -4 Second Reading on Proposed Franchise
with Star Cable Associates.
This is the second reading on the ordinance granting a franchise to Star Cable.
The City's Charter requires that the franchise be read at three separate regular meetings of
the Council. The franchise will not be effective until sixty days after it final passage
during which time the text of the full ordinance is published once each week for four
consecutive weeks. The proposed franchise requires an upgrade to the existing cable
system; internet access to the City, to Lee College, and to GCCISD if such service is
offered in the service area; an institutional network be provided at a discounted rate;
public educational and governmental channels; specific customer service standards; and a
franchise fee of three percent of gross revenues.
971125 -4
Minutes of the Regular Meeting — November 25, 1997
Council Member Escontrias moved to approve the ordinance. Council Member
Byford seconded the motion. Council Member Sheley urged Council to reconsider the
ordinance. The vote follows:
Ayes: Council Members Escontrias, Byford, and DonCarlos
Nays: Council Members Almendarez, Hinds, and Sheley
Mayor Alfaro
Consider Proposed Ordinance No. 971125 -5 Altering the Speed Limits along
Highway 146 within the City Limits of Baytown
The ordinance alters the speed limits established for vehicles under the provisions
of state statutes upon the basis of an engineering and traffic investigation performed by
TxDOT within the corporate limits of the City. The proposed speed limits include:
Main lanes from Cedar Bayou to
528 feet south of Alexander Drive
55 mph
East frontage road from Ferry Road to
1,558 feet north of Ferry Road
35 mph
West frontage road from 1,108 feet north of
Alexander Drive to Lynchburg Road (J B LeFevre)
50 mph
West frontage road from 845 feet north of
West Main Street to the south city limits
50 mph
East frontage road from 1,108 feet north of
Alexander Drive to Lynchburg Road (J B LeFevre)
45 mph
East frontage road from 845 feet north
of West Main Street to the south city limits
40 mph
Council Member DonCarlos moved to remove the motion from the table. Council
Member Hinds seconded the motion. The vote follows:
Ayes: Council Members Byford, Escontrias, Hinds
DonCarlos, Almendarez, and Sheley
Mayor Alfaro
Nays: None
Council Member Hinds moved to approve the ordinance. Council Member
DonCarlos seconded the motion. Council Member Almendarez stated that he would like
the City to do its own traffic study as he felt the speed limits recommended by TxDOT
were too high. The vote follows:
971125 -5
Minutes of the Regular Meeting — November 25, 1997
Ayes: Council Members Byford, Hinds, and DonCarlos
Mayor Alfaro
Nays: Council Members Almendarez, Escontrias, and Sheley
ORDINANCE NO. 8140
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED
LIMITS ON PORTIONS OF STATE HIGHWAY 146 WITHIN THE
CORPORATE LIMITS OF THE CITY OF BAYTOWN;
AUTHORIZING AND DIRECTING THE PLACEMENT OF SIGNS
BY THE TEXAS DEPARTMENT OF TRANSPORTATION
PROJECT DIRECTOR; REPEALING ORDINANCES
INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE PRESCRIBING A MAXIMUM PENALTY OF TWO
HUNDRED AND NO /100 DOLLARS ($200.00); AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Consent Agenda
Council considered the consent agenda items "a" through "g" as follows:
a. Proposed Resolution No. 1336 authorizes the City Manager to accept a
grant award from the U.S. Department of Justice designating an authorized
representative; authorizing the creation of an Advisory Board; providing
for a public hearing. This grant for the Police Department can be utilized
for personnel and equipment but may not be utilized for items already
included in the current budget. The City will receive $94,525 and must
match this with $10,503. Before obligating the funds, an Advisory Board
must be established and a public hearing held. Funds must be expended
within 24 months, on or before September 30, 1999. The advisory board
includes a representative from the local police department or local sheriff's
department, the local prosecutor's office, the local court system, the local
public school system, and a local non - profit educational, religious, or
community group active in crime prevention or drug use prevention or
treatment and any other representatives deemed appropriate by council.
The board will hold a public hearing prior to making a recommendation
for expenditure of the funds. This grant is identical to the grant awarded
in 1996 to the City.
We recommend approval.
971125 -6
Minutes of the Regular Meeting — November 25, 1997
b. Proposed Ordinance No. 971125 -6 amends Chapter 31 "Utilities" Article
IV "Water Service," Section 31 -54 "Water deposits and refunds,"
Subsection (e) "Form of deposits" of the Code of Ordinances to authorize
certain bonds as acceptable forms of deposits for water service. This
proposed ordinance allows commercial consumers as well as the owners of
apartment houses, mobile home parks, or other multifamily dwelling
projects to deposit appropriate bonds to attain water service. Bonds are
easier to secure for apartment complexes and provide the City the same
amount of security as a letter of credit or security investment. Recently,
we have had several requests to submit such collateral. Specifically, such
bonds must be issued by a surety licensed to do business in the State of
Texas, be in a form approved by the City Attorney, and have a term of not
less than one year.
We recommend approval.
C. Consider Proposed Ordinance No. 971125 -7 authorizes the purchase of
property from John P. Bender for the Baytown Nature Center for
$250,000. Mr. Bender proposes to sell to the City all of his remaining
property interests in the Baytown Nature Center. The property consists of
his undivided one -half interest in approximately 27.9345 acres being a
portion of Tract 1, Block 9, Town of Wooster, together with his interest in
thirty -three tracts. This proposal is consistent with the recently drafted
Baytown Nature Center Master Plan and was approved by the Parks and
Recreation Advisory Board on November 11, 1997.
We recommend approval.
d. Proposed Ordinance No. 971125 -8 authorizes memorandum of extension
of the contract for the collection of City of Baytown warrants with Texas
Municipal Services, Inc. (TMS). This is the second renewal of the
agreement with TMS. The first year of the agreement (February 1995 to
September 1996), TMS collected 274 warrants for a total of $37,963.50;
however, at that time TMS was attempting to collect warrants primarily two
years old or older. For fiscal year 1996/97, 702 warrants were collected for
a total of $115,118.70. The City paid the company $22,976.84. The
company is willing to continue the collection process for 20% of the
proceeds collected
We recommend approval.
e. Proposed Ordinance No. 971125 -9 approves final payment and acceptance
of Airhart Sidewalk and Kentucky Drainage Project. approves Change
971125 -7
Minutes of the Regular Meeting — November 25, 1997
Order No. 3 in the amount of $3,839.95 to adjust the final unit bid
quantities and authorizes final payment in the amount of $22,316.49 to
J.T.B. Services, Inc. The final construction cost was two percent above
the original contract amount. Overrun items included grate inlets, asphalt
quantities, and concrete sidewalk quantities. The original contract amount
was $133,986.62. The final contract amount is $136,548.34. This project
was funded by a Community Development Block Grant.
We recommend approval.
f. Proposed Ordinance No. 971125 -10 awards bid for playground equipment
to Miracle Recreation Equipment for $27,625. Invitations to bid were
mailed to four suppliers and we received three bids and one no -bid. The
playground equipment is for Goose Creek Phase II (Britton Park.) which is
funded by a grant from the Texas Parks and Wildlife Department and
Goose Creek Stream Development bonds. Texas Parks and Wildlife
Department will pay $13,812.50 and Goose Creek Stream Development
will pay $13,812.50.
We recommend approval.
g. Proposed Ordinance No. 971125 -11 authorizes the purchase of office
furniture for the City Hall, Municipal Court, and the Municipal Service
Center from the General Services Commission for $117,225.77. In order
to provide for efficient optimization of space at City Hall, Municipal
Court, and the Municipal Service Center, the staff has worked with the
General Services Commission to utilize modular furniture at these city
facilities. The modular furniture selected for Municipal Court will help
alleviate the crowded conditions there and can be used at a new facility.
We recommend approval.
Council Member Escontrias moved to accept the consent agenda items "a"
through "g." Council Member Byford seconded the motion. The vote follows:
Ayes: Council Members Byford, Escontrias, Hinds
DonCarlos, Almendarez, and Sheley
Mayor Alfaro
Nays: None
For bid tabulation, see Attachments "A" and "B."
971125 -8
Minutes of the Regular Meeting — November 25, 1997
RESOLUTION NO. 1136
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE
CITY OF BAYTOWN, TEXAS, TO ACCEPT A GRANT AWARD
IN THE AMOUNT OF NINETY -FOUR THOUSAND FIVE
HUNDRED TWENTY -FIVE AND NO /100 DOLLARS ($94,525.00)
FROM THE UNITED STATES DEPARTMENT OF JUSTICE;
DESIGNATING AN AUTHORIZED REPRESENTATIVE;
AUTHORIZING CREATION OF AN ADVISORY BOARD;
PROVIDING FOR A PUBLIC HEARING; AUTHORIZING A
CASH MATCH OF TEN THOUSAND FIVE HUNDRED THREE
AND NO /100 DOLLARS ($10,503.00); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8141
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 31 "UTILITIES," ARTICLE IV "WATER
SERVICE," SECTION 31 -54 "WATER DEPOSITS AND
REFUNDS," SUBSECTION (E) "FORM OF DEPOSITS" OF THE
CODE OF ORDINANCES OF THE CITY OF BAYTOWN, TEXAS;
PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8142
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PURCHASE OF
PROPERTY FOR THE BAYTOWN NATURE CENTER FROM
JOHN P. BENDER, INDIVIDUALLY AND AS TRUSTEE;
DIRECTING THE MAYOR TO EXECUTE AND THE CITY
CLERK TO ATTEST TO AN EARNEST MONEY CONTRACT
WITH JOHN P. BENDER, INDIVIDUALLY AND AS TRUSTEE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
971125 -9
,Minutes of the Regular Meeting — November 25, 1997
ORDINANCE NO. 8143
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A
MEMORANDUM OF EXTENSION OF THE CONTRACT FOR
THE COLLECTION OF OUTSTANDING CITY OF BAYTOWN
WARRANTS WITH TEXAS MUNICIPAL SERVICES, INC.;
AUTHORIZING PAYMENT OF TWENTY PERCENT (20 %) OF
ALL AMOUNTS COLLECTED; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8144
AN ORDINANCE AUTHORIZING CHANGE ORDER NO. 3 WITH
J.T.B. SERVICES, INC., TO ADJUST THE FINAL UNIT BID
QUANTITIES FOR THE AIRHART SIDEWALK AND
KENTUCKY DRAINAGE PROJECT; AUTHORIZING FINAL
PAYMENT OF THE SUM OF TWENTY -TWO THOUSAND
THREE HUNDRED SIXTEEN AND 491100 DOLLARS ($22,3167.49)
TO J.T.B. SERVICES, INC., FOR SAID PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8145
AN ORDINANCE ACCEPTING THE BID OF MIRACLE
RECREATION FOR THE PURCHASE OF PLAYGROUND
EQUIPMENT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF TWENTY -SEVEN THOUSAND SIX
HUNDRED TWENTY -FIVE AND NO /100 DOLLARS ($27,625.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Appointments to Local Law Enforcement Block Grant Advisory Board
The City has received a Local Law Enforcement Block Grant, and it is necessary
to appoint an advisory board. The Board will hold the public hearing necessary under the
grant to make a recommendation to Council for expenditure of funds.
Council Member Escontrias moved to appoint Judge Jimmy Johnson, Hiawatha
Jackson, Jerry Bliss, Al Weatherall, Captain Richard Reff, and Ignacio Ramirez. Council
Member Sheley seconded the motion. The vote follows:
971125 -10
Minutes of the Regular Meeting — November 25, 1997
Ayes: Council Members Byford, Escontrias, Hinds
DonCarlos, Almendarez, and Sheley
Mayor Alfaro
Nays: None
City Manager's Report
City Hall will be closed Thursday and Friday, November 27 and 28 for
Thanksgiving.
Adjourn
As there was no further business to be transacted, the meeting was adjourned.
Eileen P. Hall, City Clerk
SW