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2013 08 22 CC MinutesMINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF BAYTOWN August 22, 2013 The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, August 22, 2013, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street, Baytown, Texas with the following in attendance: Brandon Capetillo Robert Hoskins David McCartney Mercedes Renteria Terry Sain Scott Sheley Stephen H. DonCarlos Robert D. Leiper Ron Bottoms Kevin Troller Ignacio Ramirez Leticia Brysch Keith Dougherty Council Member Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager Assistant City Manager City Attorney City Clerk Sergeant at Arms Mayor DonCarlos convened the August 22, 2013, City Council Regular Meeting with a quorum present at 6:30 P.M., all members were present. Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member McCartney. 1. MINUTES a. Consider approving the minutes of the City Council Regular Meeting held on July 25, 2013. b. Consider approving the minutes of the City Council Special Meeting held on August O1, 2013. 2. REPORTS a. Mr. Wayne Gray, Chairman of the Parks and Recreation Advisory Board will present the 2013 Parks and Recreation Annual Report. City Council Regular Meeting Minutes August 22, 2013 Page 2 of 16 The Parks and Recreation Advisory Board is required to make an annual report to the City Council. The report has been prepared and was approved by the Parks and Recreation Advisory Board at its meeting held on August 7, 2013. Mr. Wayne Gray, Chairman of the Parks and Recreation Advisory Board, will present the 2013 Parks and Recreation Annual Report. Mr. Gray and Mr. Scott Johnson will be available to comment and answer any questions the Mayor and Council Members may have. This item supports the City's vision of creating a community of which we can be proud. 3. RECOGNITIONS AND CITIZEN COMMUNICATIONS a. Recognize City of Baytown employees for their Years of Service (5, 10, 15 plus years). 5 YEARS: Luther Felder, Public Works, Equipment Operator - Streets & Drainage Richard Hartis, ITS, System Administrator, Jr. Robert Orosco, Public Works, Maintenance Technician - Treatment Gary Carlton, Firefighter David Williams, Public Works, Waster Water Operator II - Utility Construction Thomas Adam, Fire, Certified Medic Trayon Cowins, Certified Utility Maintenance Technician Jan Herring - Seeley, Legal, Administrative Support Specialist, Sr. Robert Gomez, Public Works, Utility Maintenance Technician 10 YEARS: Kim Coutee, Police, Public Records Technician 15 YEARS: Jack Baskin, Public Works Waste Water Operator III D Chris Rymer, Police Sergeant Ronda Rivon, Municipal Court Clerk 20 YEARS: Karen Homer, First Assistant City Attorney Lisa Coker, Coordinating Librarian Paul Munoz, Fire Lieutenant Tracy Lindsey, Fire Lieutenant 35 YEARS: Carol Howell, Finance, Accountant I 4. BUDGET ITEMS City Council Regular Meeting Minutes August 22, 2013 Page 3 of 16 a. Conduct a public hearing regarding the City of Baytown Fiscal Year 2013 -2014 Proposed Budget. The Texas Local Government Code, Section 102.006 requires that the City Council hold a public hearing on the proposed budget that allows any person to attend and participate in the public hearing. The public hearing must be held after the 15th day after the date that the proposed budget is fled with the City Clerk, but before the City Council makes its tax levy. Also, notice of the time and date of the public hearing must be published in a newspaper of general circulation within the City no later than the 10th day prior to the hearing. The Proposed Budget was filed with the City Clerk on July 25, 2013, and notice of the public hearing was published in The Baytown Sun on August 9, 2013. The proposed 2013 -2014 City of Baytown Municipal Budget totals $71,120,198, which is a $4,526,512 increase or 6.8% over the 2013 -14 budget. b. Consider postponing the adoption of the FY 2013 -14 Municipal Budget until September 12, 2013. State law requires that, at the conclusion of the public hearing on the municipal budget, the City Council "take action on the proposed budget." Such action could be adoption of the budget or a vote to postpone such adoption. As proposed, this item calls for the City Council to postpone the adoption of the FY 2013-14 municipal budget until its regularly scheduled meeting on September 12, 2013. C. Discuss and take appropriate action regarding the proposed City of Baytown 2013- 14 Fiscal Year Budget. This item summarizes the Technical Adjustments related to the proposed City of Baytown 2013- 14 Fiscal Year Budget as of August 22, 2013. Technical adjustments proposed since the budget work session are: 1. Street Maintenance Sales Tax Fund 211: Move $450,000 from "Ending Working Capital' to "Other Capital Project Initiatives" leaving a projected ending Working Capital of $49,950. The revised budget total is $3,700,000. This will allow us to take advantage of increased SMST revenues and do more street repairs. These projects are "cash funded" so we can only spend the money if it is received. We cannot, however, spend funds not identified in the budget so it is to our advantage to budget all of the expected revenues. 2. General Fund: Increase the General Overhead account for salary increases by a total of $550,000 to provide additional funding for salary increases including the cost of contracts with Police and Fire, and to increase the amount available for General Fund salary increases to $500,000. This change increases the General Fund budget to $71,670,198 and reduces the Fund Balance Working days to 69 days. This change results in recurring expenditures being $4,896 less than recurring revenues, maintaining a balanced budget. City Council Regular Meeting Minutes August 22, 2013 Page 4 of 16 Council Member Sheley has requested $12,000 for the Baytown Historical Preservation Association out of HOT funds for support of their activities at the Republic of Texas Plaza on North Main. Since the HOT fund includes a contingency of $350,000 we propose that the group work with our staff to determine HOT - eligible activities which may warrant HOT funds. A written funding agreement, utilized for all of our HOT grants, would be presented to Council for consideration. The budget will be placed on the September 12th agenda for consideration for approval. 5. PROPOSED ORDINANCES a. Consider an ordinance awarding a construction contract to Traf -Tex, Inc., for the State Highway 99 and Tri -City Beach Road Signalization Project. This proposed ordinance awards a construction contract for State Highway 99 and Tri -City Beach Road Signalization Project to Traf -Tex, Inc., in the amount of $111,359.50 This contract shall provide for the installation of a traffic signal at the intersection of State Highway 99 and Tri-City Beach Road in the City of Baytown, Texas. Four (4) bids were received and publicly opened on August 13, 2013, at 10:00 AM in the Council Chambers. This project supports the City of Baytown's Infrastructure Maintenance and Improvement vision by improving the mobility. ORDINANCE NO. 12,315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH TRAF -TEX., INC., FOR THE STATE HIGHWAY 99 AND TRI CITY BEACH ROAD SIGNALIZATION PROJECT; AUTHORIZING PAYMENT OF A SUM OF ONE HUNDRED ELEVEN THOUSAND THREE HUNDREDFIFTY -NINE AND 50 /100 DOLLARS ($111,359.50); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance awarding a contract to Kraftsman L.P., for the construction of a splash deck at Central Heights Park. This proposed ordinance awards a contract to Kraftsman L.P., for the construction of a Community Development Block Grant (CDBG) funded splash deck at Central Heights Park in the amount of $149,709.00. City Council Regular Meeting Minutes August 22, 2013 Page S of 16 A mandatory pre -bid conference was held on August 8, 2013, and bids were opened on August 13, 2013. The City received one bid from Kraftsman L.P., for $149,709.00. This project was not included in the Aquatics Facilities Master Plan; however, the Central Heights neighborhood worked hard to find funding through the Community Development Block Grant and assisted Parks and Recreation Department staff with efforts to gain funding for the project. The project will include the splash pad and a large family shelter with picnic tables and a large family grill that will be constructed adjacent to the splash pad. Construction of the project is expected to begin in September and we hope to open in October. The shelter will be constructed by the Parks and Recreation Department. Required sub -grade work will be completed by the Public Works and Parks and Recreation Department prior to construction. The project is funded by the Community Development Block Grant $148,239 with the balance of the project, $1,470 funded out of Aquatic bonds. This item supports the City's visioning statement to create, improve and maintain state of the art parks and recreational facilities for the citizens of Baytown, in order to help create a community of which we can all be proud. ORDINANCE NO. 12,316 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST TO A CONTRACT WITH KRAFTSMAN, L.P., FOR THE SPLASH DECK AT CENTRAL HEIGHTS PARK PROJECT; AUTHORIZING PAYMENT OF A SUM OF ONE HUNDRED FORTY -NINE THOUSAND SEVEN HUNDRED NINE AND NO 1100 DOLLARS ($149,709.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the Interlocal Agreement for a Street, Utilities, and Lift Station associated with the New Elementary School next to Victoria Walker Elementary School with the Goose Creek Consolidated Independent School District. This proposed ordinance authorizes the Interlocal Agreement for a Street, Utilities, and Lift Station associated with the New Elementary School next to Victoria Walker Elementary School with the Goose Creek Consolidated Independent School District (the "District "). The District plans on constructing a new elementary school next to Victoria Walker Elementary School, which is located at 4711 Seabird Street, Baytown, TX 77521 (the "New School "). However, at such site there are neither sufficient sanitary sewer services nor sufficient access available. To endeavor to ensure that such services and access will be available at the time of the scheduled opening of the New School in the Fall of 2014; the District wishes: City Council Regular Meeting Minutes August 22, 2013 Page 6of16 1. to convey property to the City for the realignment and extension of Eastpoint Blvd from Seabird Street northward; 2. to convey necessary utility easements for the realignment of the utilities along the new alignment of Eastpoint Blvd; 3. to convey property to the City for a lift station on the west side of Eastpoint Blvd; and 4. to have the City abandon the existing utility easements. The location of the property to be conveyed is depicted in Exhibit "A" to the agreement. Under the Agreement, the District will engage a design professional for design, bidding and construction phase services for certain street, sidewalk, utilities and lift station improvements. Thereafter, the District will assign such agreement to the City. Additionally, the City will engage a construction company for the construction of the street, sidewalk utilities and lift station. The design of the street, sidewalk utilities and lift station is subject to the approval of both parties. The costs of this project shall be shared as follows: Description of Expenses City's Costs District's Costs All expenses associated with the realignment and extension of Eastpoint Blvd., utilities and sidewalk —50% of costs* —50% of costs* Design, surveying and material testing services 50% of costs 50% of costs Construction of lift station All costs in excess of $500,000 $500,000 lump sum *The amount for which each entity is responsible is a percentage based upon the preliminary engineering estimate of the improvements. The maximum liability of the parties under this agreement is as follows: Entity Maximum Costs District $ 2,133,245.32 City $ 2,715,241.32 Once built, the City shall be responsible for all maintenance, repair and operation costs of the street, sidewalk, utilities and lift station and the District shall be responsible for tap fees and costs associated with the abandonment of the City's utility easement. This item supports the City's Economic and Financial Health vision as well as its Development and Redevelopment vision. ORDINANCE NO. 12,317 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE INTERLOCAL AGREEMENT FOR A STREET, UTILITIES, AND LIFT STATION ASSOCIATED WITH THE NEW ELEMENTARY SCHOOL NEXT TO VICTORIA WALKER ELEMENTARY City Council Regular Meeting Minutes August 22, 2013 Page 7 of 16 SCHOOL WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance amending Chapter 118 "Signs," Article Il "Administration," Division 4 "Permits," Section 118 -139 "Political signs" of the Code of Ordinances, Baytown, Texas, to remove the durational limitation on political signs and to reduce the size of such signs if a permit is not obtained. This proposed ordinance amends Chapter 118 "Signs," Article 1I "Administration," Division 4 "Permits," Section 118 -139 "Political signs" of the Code of Ordinances, Baytown, Texas, to remove the durational limitation on political signs and to reduce the size of such signs if a permit is not obtained. The City's regulations of political signs, containing both size restrictions and durational limitations, were enacted in 1999. Since such time, the Texas Legislature enacted Section 216.903 of the Texas Local Government Code, which restricts the ability of the City to regulate political signs if such signs: 1. are on private property; 2. are not located within the public right -of -way; 3. do not exceed a surface area of 36 square feet; 4. are not artificially illuminated; and 5. do not have moving parts. This proposed ordinance updates the Code of Ordinances to conform its regulations to state law. Specifically, the ordinance removes the durational limitation and revises the size of political signs that can be placed without a permit. This item supports the City's vision of creating a community of which we can all be proud. ORDINANCE NO. 12,318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 118 "SIGNS," ARTICLE II "ADMINISTRATION," DIVISION 4 "PERMITS," SECTION 118 -139 "POLITICAL SIGNS" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO REMOVE THE DURATIONAL LIMITATION ON POLITICAL SIGNS AND TO REDUCE THE SIZE OF SUCH SIGNS IF A PERMIT IS NOT OBTAINED; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. e. Consider an ordinance authorizing a repayment to settle the sales tax overpayment by ExxonMobil Corporation. City Council Regular Meeting Minutes August 22, 2013 Page 8 of 16 This proposed ordinance authorizes a repayment to settle the sales tax overpayment by ExxonMobil Corporation. ExxonMobil has over - remitted sales and use tax to the City of Baytown, the Baytown Municipal Development District, the Baytown Crime Control and Prevention District and the Baytown Fire Control, Prevention and Emergency Medical Services District between January 1, 2010, and August 31, 2012, concerning its Baytown Olefins Plant. The City and ExxonMobil have agreed to settle the sales tax overpayment for the amount of $1,200,000 which is less than would be owed if the tax overpayment was processed through the State Comptroller's office. Under this agreement, the City agrees to pay such amount by September 30, 2013, in exchange for a full and final release of the City and the Baytown Municipal Development District, the Baytown Crime Control and Prevention District and the Baytown Fire Control, Prevention and Emergency Medical Services District for such overpayment. The payment will be made from reserves in the current fiscal year and will cover the overpayments made to the other entities CCPD, FCPEMSD, MDD and SMST fund. This item supports the City's Economic and Financial Health vision. ORDINANCE NO. 12,319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE OVERPAYMENT OF LOCAL TAX RESOLUTION AGREEMENT WITH EXXON MOBIL CORPORATION; AUTHORIZING PAYMENT TO EXXON MOBIL CORPORATION IN THE AMOUNT OF ONE MILLION TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($1,200,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider an ordinance authorizing the Fifth Amendment to the Collective Bargaining Agreement for October 1, 2010, through September 30, 2015, with the International Association of Firefighters Local 1173. This proposed ordinance authorizes the Fifth Amendment to the Collective Bargaining Agreement (the "CBA ") for October 1, 2010, through September 30, 2015, with the International Association of Firefighters Local 1173 (the "Union "). The CBA allows for the re- opening of the agreement annually to establish wages for the upcoming year and to address other articles if the parties agree. This year there were four articles opened during the bargaining sessions conducted by City staff and Union representatives. The City's bargaining team was composed of City Manager Bob Leiper, City Attorney Ignacio Ramirez, and Civil Service Legal Advisor Camela Sandmann. The proposed amendment to the CBA increase the base salaries of the covered employees, address overtime /compensatory time issues, provides for EMT -I and EMT -B assignment pay and clarifies that salary increase for Certified Medics are based upon the base pay increase of the City Council Regular Meeting Minutes August 22, 2013 Page 9 of 16 persons in the Fire Fighter classification. At the time of agenda preparation, the Union is still voting on the agreement. It is anticipated that voting will be concluded prior to Council consideration of the agreement. This item supports the City's Citizen Safety vision of continuing to provide great public safety. ORDINANCE NO. 12,320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIFTH AMENDMENT TO THE FIRE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BAYTOWN, TEXAS, AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 1173; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider an ordinance authorizing a Meet and Confer Agreement with the Baytown Municipal Police Association, Inc. This proposed ordinance approves a Meet & Confer Agreement with the Baytown Municipal Police Association, Inc. (the "Association "). The agreement is for a term of 2 years commencing January 1, 2014. Similar to the previous agreement with the Association, the proposed agreement provides for recruiting incentives in the foam of academy reimbursement (up to $2,000), signing incentives (up to $1,500), relocation reimbursement (up to $2,000), and an alternative hiring process (up to 5 years credit for past service). The relocation reimbursement is also available to current employees to encourage them to move into the City if they currently live outside the city limits. Additionally a new article regarding overtime has been added which is similar to that included in the collective bargaining agreement with the firefighters. This article clarifies issues dealing with overtime and compensatory time. Unlike the previous agreement, a multi -year compensation component has been added to the agreement. In the first year of the agreement, the Patrol Officers will receive a base salary increase ranging from 10.3% to 12.6 %. The Sergeants, Lieutenants, and Assistant Chiefs will receive an 8% base salary increase. In the second year, the parties have agreed that if the general fund revenues exceed the revenues for the same period in the previous year by 5 %, a 6% across the board raise will be given. If not, the parties will reopen the contract for compensation in the second year of the agreement. At the time of agenda preparation, the Association is still voting on the agreement. It is anticipated that voting will be concluded prior to Council consideration of the agreement. The Association's bylaws require a minimum level of participation in order to ratify the agreement. This item supports the City's Public Safety Vision by continuing to provide great public safety. ORDINANCE NO. 12,321 City Council Regular Meeting Minutes August 22, 2013 Page 10 of 16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A MEET AND CONFER AGREEMENT WITH THE BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. h. Consider an ordinance approving the Baytown Crime Control and Prevention District 2013 -14 Fiscal Year Budget. This proposed ordinance approves the Baytown Crime Control Prevention District ( "CCPD ") 2013 -14 Fiscal Year Budget. As set forth in state law, the City Council must approve or reject the budget adopted by the CCPD Board at least 30 days before the beginning of the fiscal year. The City Council may not amend the budget as presented by the CCPD Board. If the City Council rejects the budget, the City Council and the CCPD Board shall meet and together amend and approve the budget before the beginning of the fiscal year. The CCPD Board adopted the budget on July 9, 2013, and the City Council held a public hearing regarding this budget at its August 8, 2013, meeting. This item supports the City's Economic and Financial Health vision in providing a transparent and fiscally responsible government. ORDINANCE NO. 12,322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2013 -14 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN CRIME CONTROL AND PREVENTION DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. i. Consider an ordinance approving the Baytown Fire Control, Prevention, and Emergency Medical Services District 2013 -14 Fiscal Year Budget. This proposed ordinance approves the Baytown Fire Control, Prevention, and Emergency Medical Services District ( "FCPEMSD ") 2013 -14 Fiscal Year Budget. As set forth in state law, the City Council must approve or reject the budget adopted by the FCPEMSD Board at least 30 days before the beginning of the fiscal year. The City Council may not amend the budget. If the City Council rejects the budget, the City Council and the FCPEMSD Board shall meet and together amend and approve the budget before the beginning of the fiscal year. The FCPEMSD Board adopted the budget on July 16, 2013, and the City Council held a public hearing regarding the Fire Control Budget at its August 8, 2013, meeting. City Council Regular Meeting Minutes August 22, 2013 Page 11 of 16 The FCPEMSD Board will hold a special meting on September 3rd to consider a budget revision requested by City Administration. If approved this revision will be presented to Council on September 12th. However, it is our recommendation that Council approve the budget presented in this agenda item now. This item supports the City's Economic and Financial Health vision by providing a transparent and fiscally responsible government. ORDINANCE NO. 12,323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE FISCAL YEAR 2013 -14 BUDGET SUBMITTED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. j. Consider an ordinance approving the Baytown Area Water Authority 2013 -14 Fiscal Year Budget. This proposed ordinance approves the Baytown Area Water Authority ( "BAWA ") 2013 -14 Fiscal Year Budget totaling $11,443,503. State law requires that the General Manager of BAWA formulate a budget for BAWA's fiscal year and that such budget is subject to the approval of both the BAWA board and the City Council of the City of Baytown. The BAWA Board held a public hearing on the budget and adopted the same on Wednesday, August 21, 2013. This proposed ordinance approves the budget approved by the BAWA Board. This item supports the City's Economic and Financial Health vision by providing a transparent and fiscally responsible government. ORDINANCE NO. 12,324 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER AUTHORITY (BAWA) FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2013, AND ENDING SEPTEMBER 30, 2014; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. k. Consider an ordinance concerning the first reading of the disannexation of approximately 43.8 acres located on the north side of the 1 -10 feeder road, west of Thompson Road, legally known as a portion of land out of the Nathaniel Lynch Survey, Abstract 55, Harris County, Texas. City Council Regular Meeting Minutes August 22, 2013 Page 12 of 16 This proposed ordinance concerns the first reading for the disannexation of property located on the north side of the I- 10 feeder road, west of Thompson Road, which includes a portion of the West Meadows neighborhood. The City entered into a Strategic Partnership Agreement (SPA) with Lake Municipal Utility District (Lake MUD) and annexed a portion of its land for limited purposes on June 27, 2005. The agreement allowed the City to impose certain regulations and to collect sales and use tax on any commercial development in the area. Since that time, the area has been developed into residential lots as West Meadows subdivision instead of the commercial uses originally proposed by Lake MUD. The City and Lake MUD agree to the disannexation of this area because there are no plans for commercial development within the West Meadows subdivision. A copy of the ordinance and termination agreement that Council has approved is attached. This disannexation process follows a similar path as annexation. Notices of the first and second public hearings were published in the July 11 th and July 21st editions of The Baytown Sun and mailed to property owners and interested agencies. Notices were also posted on the City of Baytown's notice board and website on July 8, 2013, and July 19, 2013. The first and second public hearings were held on July 25, 2013, and August 1, 2013. The second reading of the ordinance and completion of the disannexation proceedings are scheduled for September 26, 2013. A list of Frequently Asked Questions, which was sent to property owners, and a location map are attached. This item supports the Council's vision of supporting residential development. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, MAKING CERTAIN FINDINGS; PROVIDING FOR THE DISANNEXATION OF APPROXIMATELY 43.8 ACRES LOCATED ON THE NORTH SIDE OF THE INTERSTATE 10 FEEDER ROAD, WEST OF THOMPSON ROAD, LEGALLY KNOWN AS A PORTION OF LAND OUT OF THE NATHANIEL LYNCH SURVEY, ABSTRACT 55, HARRIS COUNTY, TEXAS, WHICH SAID TERRITORY LIES WITHIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS. 6. CONSENT All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. a. Consider an ordinance authorizing the City Manager to negotiate and execute a Joint Election Agreement with Harris County, Texas, for the General Election to be held on November 5, 2013. City Council Regular Meeting Minutes August 22, 2013 Page 13 of 16 ORDINANCE NO. 12,326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A JOINT ELECTION AGREEMENT WITH HARRIS COUNTY FOR THE SPECIAL ELECTION TO BE HELD ON THE 5TH DAY OF NOVEMBER, 2013, UNDER TERMS AND CONDITIONS ACCEPTABLE TO THE CITY MANAGER AND THE CITY ATTORNEY; AUTHORIZING PAYMENT THEREFOR IN AN AMOUNT NOT TO EXCEED THIRTY THOUSAND ANDNO /100 DOLLARS ($30,000.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. b. Consider an ordinance authorizing an Interlocal Agreement with Harris County for the use of Harris County's Radio Services to repair and maintain radio equipment located in Baytown Dispatch. ORDINANCE NO. 12,327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE INTERLOCAL AGREEMENT FOR USE OF PUBLIC SAFETY RADIO EQUIPMENT WITH HARRIS COUNTY; AUTHORIZING THE PAYMENT IN THE AMOUNT OF TWENTY -SEVEN THOUSAND SEVEN HUNDRED FOURTEEN AND 12 /100 DOLLARS ($27,714.12) TO HARRIS COUNTY FOR FISCAL YEAR 2012 -13; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. C. Consider an ordinance authorizing the renewal of the Sungard software maintenance agreement. ORDINANCE NO. 12,328 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY -NINE THOUSAND SEVEN HUNDRED FIFTY -TWO AND 96/100 DOLLARS ($89,752.96) TO SUNGARD PENTAMATION, INC., AS THE COST FOR THE ANNUAL SOFTWARE MAINTENANCE AGREEMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. d. Consider an ordinance authorizing the purchase of four (4) 2014 Ford C -MAX Hybrid SE P5A vehicles from Caldwell Country Chevrolet, through a cooperative purchasing agreement with Tarrant County. ORDINANCE NO. 12,329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY -FIVE THOUSAND THREE HUNDRED City Council Regular Meeting Minutes August 22, 2013 Page 14 of 16 EIGHTY AND NO /100 DOLLARS ($95,380.00) TO CALDWELL COUNTRY CHEVROLET, THROUGH A COOPERATIVE PURCHASING AGREEMENT WITH TARRANT COUNTY, FOR THE PURCHASE OF FOUR (4) 2014 FORD C -MAX HYBRID SE P5A FOR THE NEIGHBORHOOD PROTECTION DIVISION OF THE HEALTH DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. e. Consider a resolution accepting a contribution from the Communities Foundation of Texas for the Eddie V. Gray Wetlands Education and Recreation Center. RESOLUTION NO. 2258 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A CONTRIBUTION FROM COMMUNITIES FOUNDATION OF TEXAS IN THE AMOUNT OF THIRTY -ONE THOUSAND FOUR HUNDRED EIGHTY -FIVE AND 42/100 DOLLARS ($31,485.42) SUPPORTING THE EDDIE V. GRAY WETLANDS EDUCATION AND RECREATION CENTER; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. f. Consider a proposed resolution authorizing the City to submit a grant application to the Texas A &M Forest Service for the FY2013 TIFMAS Grant Assistance Program. RESOLUTION NO. 2259 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS A &M FOREST SERVICE FOR THE FY2013 TEXAS INTRASTATE FIRE MUTUAL AID SYSTEM ( TIFMAS) GRANT ASSISTANCE PROGRAM FOR THE PURCHASE OF A BRUSH TRUCK IN THE AMOUNT OF ONE HUNDRED THOUSAND AND NO 1100 DOLLARS ($100,000.00); AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. g. Consider authorizing a grant application to the American Society for the Prevention of Cruelty to Animals (ASPCA) on behalf of the Health Department. RESOLUTION NO. 2260 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE AMERICAN SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS ( "ASPCA ") FOR THE BENEFIT OF THE BAYTOWN HEALTH DEPARTMENT'S ANIMAL CONTROL DIVISION IN THE AMOUNT OF SIXTY THOUSAND AND NO 1100 DOLLARS ($60,000.00); AUTHORIZING A CASH MATCH IN AN AMOUNT NOT TO EXCEED TWENTY THOUSAND City Council Regular Meeting Minutes August 22, 2013 Page 15 of 16 AND NO /100 DOLLARS ($20,000.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. 7. APPOINTMENTS a. Consider three (3) appointments to the Animal Control Advisory Committee. The Baytown Animal Control Advisory Committee is composed of six (6) members appointed by Council to two (2) year terms. The members are composed of the Director of Health or his designee, the Chief of Police or his designee, one (1) licensed veterinarian, one (1) representative from an animal welfare organization, one (1) interested citizen and one (1) youth. This Committee meets when necessary to assist the Baytown Animal Shelter in complying with applicable law; formulate future animal control plans, strategies, and education; and make recommendations on revisions to the animal control ordinances. Terms are for two (2) years. Currently, there are three (3) members of the committee with terms set to expire on September 30, 2013. They are: Chief Keith Dougherty (Chief of Police); Mr. Mike Lester (Director of Health); and Cynthia Lipps, (Veterinarian). All members desire reappointment for another two year term that will expire on September 30, 2015. 8. MANAGER'S REPORT Notice is hereby given in accordance with Section 551.0415 of the Texas Government Code, the City Council of the City of Baytown may receive a report about items of community interest from City staff and/or a member of the City Council, but no action or possible action shall be taken or discussed concerning the subject of such report, except as provided by Section 551.042 of the Texas Government Code. a. Present the schedule for the remainder of the Baytown 2013 Aquatics Summer Season. The City of Baytown Aquatics facilities are nearing the end of the 2013 Summer Season. Both Calypso Cove and Pirates Bay daily operations will end on Sunday, August 25th, at 7pm. Both parks will reopen for the three day Labor Day weekend on Saturday, August 31st. Both water parks will close for the 2013 Summer Season on Labor Day, Monday, September 2nd at 7pm. City Council Regular Meeting Minutes August 22, 2013 Page 16 of 16 In the past, the Pirates Bay Water Parks continued operations through September, however, attendance drops significantly after Labor Day which prompted the Parks and Recreation Department to shorten the season by 4 weeks. The City's four spray parks, located at Roseland Park, Bergeron Park, McElroy Park and Pelly Park will remain open daily, from IOam to 8pm, through Sunday, November 3rd. b. City of Baytown offices will be closed on Monday, September 2, 2013, for the Labor Day Holiday. City of Baytown offices will be closed on Monday, September 2, 2013, for the Labor Day Holiday. 9. ADJOURN With there being no further business to discuss, Mayor DonCarlos adjourned the August 22, 2013, City Council Regular Meeting at 8:12 P.M. City of