2006 01 12 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
January 12, 2006
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on January 12, 2006, at 6:30
p.m. in the Council Chamber of the City of Baytown with the following in attendance:
Ronnie Anderson Council Member
Brandon Capetillo Council Member
Sammy Mahan Council Member
Don Murray Council Member
Mercedes Renteria III Council Member
Scott Sheley Council Member
Calvin Mundinger Mayor
Gary M. Jackson City Manager
Bob Leiper Deputy City Manager
Kelvin Knauf Assistant City Manager
Ignacio Ramirez, Sr. City Attorney
Lorri Coody City Clerk
The meeting was opened with a quorum present and Council Member Mahan led the pledge of
allegiance and offered the invocation after which the following business was conducted:
Consider approval of minutes for the work session and the regular session held December
8, 2005 and the special meeting held on December 22, 2005.
Council Member Sheley moved approval of the minutes for the regular session held on December 8,
2005 and the special meeting held on December 22, 2005. Council Member Renteria seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Conduct the first public hearing on the proposed annexation submitted by Burnet Bay,
Ltd. of 403.9469 acres of land described by deeds to Burnet Bay, LTD recorded under
Harris County Clerk’s File Numbers X913086, Y603616, Y603617, and Y603619, located in
the Nathanial Lynch Survey, Abstract Number 44 and the William Hilbus Survey,
Abstract Number 336, Harris County, Texas. This property is the proposed Spring Water
Village subdivision which City Council previously approved for creation of an in-city
Municipal Utility District.
Page 2 of 14
Minutes of the Regular Session – January 12, 2006
Texas Local Government Code, Section 43.063 requires the City Council to conduct two public
hearings at which persons interested in the annexation are given the opportunity to be heard.
This is the first of the public hearings. Notice of the public hearing was published in The
Baytown Sun on December 30, 2005, at least twenty and more than ten days prior to today’s date.
The property is owned by Burnett Bay, Ltd. and is proposed for residential development. The
annexation ordinance may be considered when 20 days have elapsed after the public hearing.
The final reading may be held 30 days after the ordinance is passed on its first reading and
published. Council approved the petition for annexation on December 8, 2005.
The public hearing was opened at 6:33 p.m. No one signed to address Council during the public
hearing. The public hearing was closed at 6:35 p.m.
Conduct the second public hearing on the proposed annexation submitted by Burnet Bay,
Ltd. of 403.9469 acres, of land described by deeds to Burnet Bay, LTD recorded under
Harris County Clerk’s File Numbers X913086, Y603616, Y603617, and Y603619, located in
the Nathanial Lynch Survey, Abstract Number 44 and the William Hilbus Survey,
Abstract Number 336, Harris County, Texas. This property is the proposed Spring Water
Village subdivision which City Council previously approved for creation of an in-city
Municipal Utility District
Texas Local Government Code, Section 43.063 requires the City Council to conduct two public
hearings at which persons interested in the annexation are given the opportunity to be heard.
This is the second of the public hearings. Notice of the public hearing was published in The
Baytown Sun on December 30, 2005, at least twenty and more than ten days prior to today’s date.
The property is owned by Burnett Bay, Ltd. and is proposed for residential development. The
annexation ordinance may be considered when 20 days have elapsed after the public hearing.
The final reading may be held 30 days after the ordinance is passed on its first reading and
published. Council approved the petition for annexation on December 8, 2005.
The public hearing was opened at 6:36 p.m. No one signed to address Council during the public
hearing. The public hearing was closed at 6:37 p.m.
Consider Proposed Ordinance No. 060112-1, the second reading of the ordinance on the
proposed annexation of a .0295 acre (1,285 square feet) of land out of Lot 2 of the minor
Plat of Scottish Inns and Suites as recorded in Film Code No. 519052 of the Harris County
Map Records, located in the Ed Shaffer Survey, Abstract No. 1224, and the T.T. Ristergen
Survey, Abstract No. 1425, Harris County, Texas, located directly behind the proposed
Discount Tire Store on Garth Road.
The property is intended to be developed as part of the parking and landscaping for the proposed
Discount Tire Store.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Page 3 of 14
Minutes of the Regular Session – January 12, 2006
Nays: None.
The motion carried.
ORDINANCE NO. 10,216
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY
OF BAYTOWN, TEXAS, AND THE ANNEXATION OF 0.295 ACRES OF LAND IN THE
ED SHAFFER SURVEY, ABSTRACT NO. 1224, AND THE T.T. RISTERGEN SURVEY,
ABSTRACT NO. 1425, HARRIS COUNTY, TEXAS; WHICH SAID TERRITORIES LIE
ADJACENT TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF
BAYTOWN, TEXAS.
Consider Proposed Ordinance No. 060112-2, placing the .0295 acre (1,285 square feet) of
land out of Lot 2 of the minor Plat of Scottish Inns and Suites as recorded in Film Code No.
519052 of the Harris County Map Records, located in the Ed Shaffer Survey, Abstract No.
1224, and the T.T. Ristergen Survey, Abstract No. 1425, Harris County, Texas, located
directly behind the proposed Discount Tire Store on Garth Road in Council District 3.
The property is located directly behind the proposed Discount Tire Store on Garth Road in
Council District 3.
Council Member Capetillo moved adoption of the proposed ordinance. Council Member Mahan
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,236
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING 0.0295 ACRES OF LAND IN THE ED SHAFFER SURVEY, ABSTRACT NO. 1224,
AND THE T.T. RISTERGEN SURVEY, ABSTRACT NO. 1425, HARRIS COUNTY, TEXAS,
TO COUNCIL DISTRICT NO. 3; REPEALING ORDINANCES INCONSISTENT
HEREWITH; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 060112-3, the second reading of the ordinance of the
proposed annexation of a 0.323 acre tract situated in the Ed T. Scheffer Survey Abstract
1224, Harris County, Texas and being out of and a part of Lot 12 and the West ½ of Lot 13,
Block 1 of the East End Addition to Highland Farms Subdivision; map of which is of
record in Volume 15 at Page 60 of the map Records of Harris County, Texas. Said 0.323 of
an acre also being out of and a part of that certain 0.838 of an acre tract heretofore
Page 4 of 14
Minutes of the Regular Session – January 12, 2006
surveyed out of Lots 10, 11, 12 and 13, Block 1 of said East End Addition to Highland
Farms Subdivision. Subject property is located on North Road near the intersection of
Garth Road. The property is intended to be developed as commercial leased property.
Council Member Murray moved adoption of the proposed ordinance. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,210
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY
OF BAYTOWN, TEXAS, AND THE ANNEXATION OF A 0.323 ACRE TRACT SITUATED
IN THE ED T. SHAFFER SURVEY, ABSTRACT 1224, HARRIS COUNTY, TEXAS, AND
BEING OUT OF A PART OF LOT 12 AND THE WEST ½ OF LOT 13, BLOCK 1 OF THE
EAST END ADDITION OF HIGHLAND FARMS SUBDIVISION AND ALSO BEING OUT
OF AND A PART OF THAT CERTAIN 0.838 OF AN ACRE TRACT HERETOFORE
SURVEYED OUT OF LOTS 10, 11, 12 AND 13, BLOCK 1 OF SAID EAST END ADDITION
TO HIGHLAND FARMS SUBDIVISION; WHICH SAID TERRITORIES LIE ADJACENT
TO AND ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN,
TEXAS.
Consider Proposed Ordinance No. 060112-4 placing the 0.323 acre tract situated in the Ed
T. Scheffer Survey Abstract 1224, Harris County, Texas and being out of and a part of Lot
12 and the West ½ of Lot 13, Block 1 of the East End Addition to Highland Farms
Subdivision; map of which is of record in Volume 15 at Page 60 of the map Records of
Harris County, Texas. Said 0.323 of an acre also being out of and a part of that certain
0.838 of an acre tract heretofore surveyed out of Lots 10, 11, 12 and 13, Block 1 of said East
End Addition to Highland Farms Subdivision in Council District 4.
Council Member Murray moved adoption of the proposed ordinance. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 5 of 14
Minutes of the Regular Session – January 12, 2006
ORDINANCE NO. 10,237
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING A 0.323 ACRE TRACT SITUATED IN THE ED T. SHAFFER SURVEY,
ABSTRACT 1224, HARRIS COUNTY, TEXAS, AND BEING OUT OF A PART OF LOT 12
AND THE WEST ½ OF LOT 13, BLOCK 1 OF THE EAST END ADDITION OF HIGHLAND
FARMS SUBDIVISION AND ALSO BEING OUT OF AND A PART OF THAT CERTAIN
0.838 OF AN ACRE TRACT HERETOFORE SURVEYED OUT OF LOTS 10, 11, 12 AND
13, BLOCK 1 OF SAID EAST END ADDITION TO HIGHLAND FARMS SUBDIVISION TO
COUNCIL DISTRICT NO. 4; REPEALING ORDINANCES INCONSISTENT HEREWITH;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
a. Consider Proposed Ordinance No. 060112-5, for a “ No Parking, Tow Away Zone”
created 30 feet back from the intersection of Hugh Echols Boulevard at Baker Road on the
west side of Hugh Echols Boulevard and extending 475 feet; or
b. Consider Proposed Ordinance No. 060112-6 for a “No Parking, Tow Away Zone”
created 30 feet back from the intersection of Hugh Echols Boulevard at Baker Road on
both sides of Hugh Echols Boulevard and extending 475 feet.
Council Member Mahan moved adoption of the proposed ordinance option “b” which provides for
a “No Parking, Tow Away Zone” created 30 feet back from the intersection of Hugh Echols
Boulevard at Baker Road on both sides of Hugh Echols Bouldvard and extending 475 feet. Council
Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,238
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 94 “TRAFFIC AND VEHICLES,” ARTICLE IV “SPECIFIC
STREET REGULATIONS,” SECTION 94-121 “SCHEDULES ENUMERATED,” SCHEDULE
III “DESIGNATION-NO PARKING ZONES” TO DESIGNATE A PORTION OF BOTH
SIDES OF HUGH ECHOLS BOULEVARD AS A NO PARKING, TWO AWAY ZONE;
REPEALING ORDINANCES INCONSISTENT HEREWITH; PRESCRIBING A MAXIMUM
PENALTY OF TWO HUNDRED AND NO/100 DOLLARS ($200.00) FOR EACH
VIOLATION; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance No. 060112-7, amending Section 30-153 of the Baytown
Code of Ordinances to adopt new fees for ambulance service.
Page 6 of 14
Minutes of the Regular Session – January 12, 2006
Medicare has been phasing in the fee schedule, with the final changes taking effect on January 1,
2006. Historically, Medicare reimbursed EMS providers for base rates, mileage, supplies and
services. The final phase of the fee schedule will only provide reimbursement for base rates and
mileage. Based upon the changes that are taking place in ambulance reimbursement, it is
recommended that we amend the EMS ordinance to reflect base rate/mileage fee structure and
eliminate other fees for supplies and services. These changes should allow for the loss in
Medicare revenue as well as keep our forecasted revenue stream in the 05/06 budget. A memo
with additional information was included in the Council packet.
Council Member Mahan moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,239
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 30
“EMERGENCY SERVICES,” ARTICLE III “EMERGENCY MEDICAL SERVICES,”
DIVISION 3 “SERVICES,” SECTION 30-153 “FEES” OF THE CODE OF ORDINANCES
OF THE CITY OF BAYTOWN, TEXAS, TO REVISE EMERGENCY MEDICAL SERVICE
CHARGES AND CONFORM THE SAME TO THE MEDICARE REIMBURSEMENT
GUIDELINES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
Consider Proposed Resolution No. 060112-1 authorizing the filing of a Zoning Amendment
Permit Application concerning (i) the establishment of historical and planned unit
development overlay districts and (ii) the amendment process regarding substantive text
amendments.
Currently, the City’s zoning ordinance does not contain any overlay districts and does not allow
the creation of such districts without an advisory vote of the citizens of Baytown. The proposed
resolution would allow the P&Z Commission and City Council together with its citizens to
consider not only whether a historical and/or planned unit development overlay district may be
appropriate but also whether the amendment process to the text of the zoning ordinance should
be changed. The proposed resolution will not bind Council in the future to vote for or against
any particular amendments but merely commences the amendment process. Should Council
approve this resolution, the P&Z Commission will review the application and proposed
amendments at its meeting on January 18, 2006. It will then hold a public hearing on the
proposed amendments at its meeting on January 18, 2006. Thereafter, the P&Z Commission will
prepare and deliver a report and recommendation to the City Council to either approve or
disapprove each proposed amendment. Once the City Council receives the report, the City
Council will hold another public hearing and then ultimately decide whether any amendments to
Page 7 of 14
Minutes of the Regular Session – January 12, 2006
the text of the zoning ordinance are appropriate. A memo with additional information was
included in the Council packet.
Council Member Murray moved adoption of the proposed Resolution. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
RESOLUTION NO. 1760
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE SUBMITTING OF A ZONING AMENDMENT PERMIT
APPLICATION CONCERNING (I) THE ESTABLISHMENT OF HISTORICAL AND
PLANNED UNIT DEVELOPMENT OVERLAY DISTRICTS AND (II) THE AMENDMENT
PROCESS REGARDING SUBSTANTIVE TEXT AMENDMENTS; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 060112-2, authorizing a Notice of Intent to Issue
Certificates of Obligation in the amount of $12,230,000.
Proposed Resolution No. 060112-2 authorizes a Notice of Intent to Issue Certificates of
Obligation in the amount of $12,230,000. The Certificates of Obligation will fund utility
projects. Prior to the sale of certificates of obligation, the City Council must publish notice of its
intention to sell the bonds. The publication must occur twice, with the date of the first
publication at least fifteen (15) days before the date tentatively set in said notice for the passage
of the ordinance authorizing the issuance of such certificates of obligation. The proposed
resolution approves the form and content of the notice to be published and authorizes the
mandated publication.
Council Member Anderson moved adoption of the proposed Resolution. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
RESOLUTION NO. 1761
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES
OF OBLIGATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 8 of 14
Minutes of the Regular Session – January 12, 2006
Consider providing direction to staff for development of a contract with the Baytown
Chamber of Commerce for tourism and visitor services.
The Baytown Chamber of Commerce has offered to contract with the City of Baytown for
tourism services in the amount of $45,000. Funding in the amount of $45,000 for tourism and
visitor services is included in the Hotel/Motel Fund adopted 2005-06 Budget.
Council Member Renteria moved for the development of a contract with the Baytown Chamber of
Commerce for tourism and visitor services. Council Member Mahan seconded the motion. The
vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consent Agenda.
a. Proposed Ordinance No. 060112-8 authorizes the continued employment of two
individuals previously assigned to the Harris County Organized Crime and
Narcotics Task Force (HCOCNTF) in order to analyze reports and records for
record retention. In July 2005, HCOCNTF ceased operations. The City of
Baytown Police Department inherited all records associated with this agency
which date back to the creation of the organization in the early 1970s. Many of
these records have exceeded the minimum local and state retention periods. The
department proposes to continue to utilize two remaining employees from the
HCOCNTF to analyze reports to bring these records in compliance with the City’s
and State’s current retention policy and requirements. HCOCNTF’s records were
not computerized until the late 1990s. In order to determine compliance with the
records retention policy, each record must be analyzed individually to determine
the correct retention period. The two employees the department is proposing to
retain are familiar with the City’s and State’s current retention policies and
requirements. Outside imaging companies will not perform records retention
tasks, only imaging projects. Funding for these individuals will come from the
seized funds left over from the HCOCNTF operations which were placed in the
Organized Crime Transition Fund.
b. Proposed Ordinance No. 060112-9 approves an interlocal agreement with the
Baytown Municipal Development District to provide funding for engineering
services related to a signal warrant study at Garth Road and Independence
Boulevard. This interlocal agreement was approved by the MDD Board on
January 5, 2006.
c. Proposed Resolution No. 060112-3 authorizes the City Manager to apply for a
Page 9 of 14
Minutes of the Regular Session – January 12, 2006
grant from the Homeland Security Commercial Equipment Direct Assistance
Program for an Incident Commander’s Radio Interface. This equipment would
enable the Fire Department to communicate directly with other agencies and our
industrial partners, and enhance radio communications in large buildings.
d. Proposed Resolution No. 060112-4 authorizes the City Manager to apply for a
grant from the Federal Emergency Management Agency (FEMA) through the
Hazard Mitigation Grant Program (HMGP) administered through the State of
Texas. This grant places emphasis on cost-effective hazard mitigation measures
identified through floodplain management which substantially reduces the risk of
future damage, hardship, loss or suffering resulting from a major disaster. This
resolution authorizes the City Manager to apply for the grant. If awarded, any
activity under the grant would require payment of at least a 25% match. The
match could be a cash or in-kind payment by the City or, in the case of property
acquisition, a reduction in purchase price by the owner. Federal contributions can
be up to, but not exceed, 75% of the cost of the hazard mitigation measures
approved for funding.
City of Baytown will submit two types of applications: Acquisition and Retrofit:
Seventeen properties have been identified as repetitive loss properties and have
experienced losses from previous natural disasters. These properties are also
located within the 100-year flood plain and eligible for voluntary acquisition
under this grant program. Total cost for acquisition and demolition is estimated at
$1,869,169.00 of which the city’s minimum match would equal $467,293.00.
The Municipal Jail was used as a shelter for city employees during Hurricane
Rita. The second application will provide window shutters for exterior windows
and doors in the administrative portion of the structure. These shutters will
provide added building protection and security during future events. Total cost for
this application is estimated at $25,000.00 of which the city’s minimum match
would equal $6,250.00.
City of Baytown’s minimum match for both applications equals $473,543.00.
This amount could be spent over a two-year period and, with Council approval,
may be available in future fund balance adjustments over the next two budget
years. All approved projects must be completed within a two-year timeframe or
FEMA funding will be lost. Receipt of this grant does not obligate the City to
expend funds if the match is unavailable at that time. Under the Stafford Act, any
land purchased with HMGP funds must be restricted to open space, recreational,
and wetlands management uses in perpetuity.
e. Proposed Ordinance No. 060112-10 awards a contract amendment for
professional services with Post, Buckley, Schuh, and Jernigan, Inc. (PBS&J) for
the Woodlawn Lift Station Project. The original contract amount, which included
services for a preliminary engineering report was for $24,500. This contract
amendment will increase the contract by $45,500 to $70,000. This contract
amendment will provide for final engineering services in order to provide for a
bid package. This project is funded through Certificates of Obligation.
Page 10 of 14
Minutes of the Regular Session – January 12, 2006
f. Proposed Ordinance No. 060112-11, awards a construction contract for the Fire
Station #3 Expansion Project to Montgomery Building Services, LLC in the
amount of $178,485. The scope of work includes the expansion of the existing
Fire Station #3 building to house EMS personnel. The size of the expansion is
approximately 650 square feet and will include a common living space area. The
opinion of probable cost and/or the estimated construction cost was $181,826
which was very close to the actual bid amount of $178,485. The contract duration
for this project is 120 calendar days and it will be funded from the General Fund
CIPF.
g. Proposed Ordinance No. 060112-12, awards the bid for the annual gasoline and
diesel fuel contract to Oil Products Distribution, Ltd. in the amount of
$1,631,530.87. Invitations to Bid were sent to seventeen (17) suppliers and we
received seven (7) responses and one no-bid. Total amount includes all taxes and
environmental fees for all entities (City of Baytown, Goose Creek ISD, Barbers
Hill ISD, Lee College, and the City of Seabrook) included in the Interlocal
Contract for fuel. The City of Baytown portion of this contract is $954,811.82.
The price per gallon of fuel is based on the daily Oil Publication Information
Sheet (OPIS) price per gallon.
h. Proposed Ordinance No. 060112-13 prescribes the number of positions within
each classification in the Fire Department. The City Council in the 2005-06
Adopted Budget approved the upgrade of one Battalion Chief to an Assistant
Chief for more effective and efficient management of the Department. In
addition, City Council in the 2005-06 Adopted Budget approved 6 new firefighter
positions. This proposed change increases the overall staffing within the
Department by six.
This proposed ordinance prescribes the following number of positions in each
classification:
Fire Chief 1
Assistant Chief 3
Battalion Chief 5
Lieutenant 17
Engineer 15
Fire Fighter 51
Total 92
i. Proposed Resolution No. 060112-5, authorizes and directs the Mayor to execute
General Certificates of Local Governmental Unit and the Certificate of Highest
Elected Official relating to Southeast Texas Housing Finance Corporation’s
(SETH) issuance of Single Family Mortgage Revenue and Refunding Bonds,
Series 2006A. SETH proposes to issue up to $30,000,000 in bonds to offer low
fixed-rate mortgages with the option of down payment and closing cost assistance
to first-time low and moderate income homebuyers. The issuance of the bonds is
expected to advance SETH’s continued efforts in providing safe, decent, sanitary,
and affordable housing to residents of its sponsoring political subdivisions,
Page 11 of 14
Minutes of the Regular Session – January 12, 2006
including the City of Baytown. To gain approval of the Texas Attorney General’s
Office for the issuance of the desired bonds, SETH has asked that the City of
Baytown confirm certain information regarding SETH, including, but not limited
to, the City’s approval of SETH’s Restated Articles of Incorporation, the City’s
appointment of Daniel Sandoval to SETH’s Board of Directors, and the fact there
is no litigation pending or threatened against the City relating to SETH.
Council Member Sheley moved adoption of the consent agenda, items a through i. Council Member
Mahan seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,240
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CONTINUED EMPLOYMENT OF TWO INDIVIDUALS
PREVIOUSLY ASSIGNED TO THE HARRIS COUNTY ORGANIZED CRIME AND
NARCOTICS TASK FORCE IN ORDER TO ANALYZE REPORTS AND RECORDS OF
SUCH TASK FORCE TO BRING THE SAME INTO COMPLIANCE WITH THE RECORDS
RETENTION POLICIES OF THE CITY OF BAYTOWN AND THE STATE OF TEXAS;
AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED SIXTY-EIGHT
THOUSAND FOUR HUNDRED SIX AND 01/100 DOLLARS ($68,406.01); MAKING
OTHER PROVISIONS RELATED THERETO: AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
ORDINANCE NO. 10,241
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY
CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR A SIGNAL
WARRANT STUDY OF THE INTERSECTION OF GARTH ROAD AND INDEPENDENCE
BOULEVARD; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1762
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE
APPLICATION FROM THE HOMELAND SECURITY COMMERCIAL EQUIPMENT
DIRECT ASSISTANCE PROGRAM OF THE U.S. DEPARTMENT OF HOMELAND
SECURITY’S OFFICE OF DOMESTIC PREPAREDNESS FOR TECHNOLOGY AND
EQUIPMENT; AUTHORIZING REPRESENTATIVE TO ACCEPT OR AFFIRM ANY
GRANT AWARD THAT MAY RESULT THEREFROM; AND PROVIDNG FOR THE
EFFECTIVE DATE THEREOF.
Page 12 of 14
Minutes of the Regular Session – January 12, 2006
RESOLUTION NO. 1763
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN, TEXAS, TO MAKE
APPLICATION FOR A GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT
AGENCY (FEMA) THROUGH THE HAZARD MITIGATION GRANT PROGRAM (HMGP)
ADMINISTERED THROUGH THE STATE OF TEXAS; AUTHORIZING THE CITY’S
MATCH OF FOUR HUNDRED SEVENTY-THREE THOUSAND FIVE HUNDRED FORTY-
THREE AND NO/100 DOLLARS ($473,543.00); AUTHORIZING REPRESENTATIVE TO
ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT THEREFROM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY
CLERK TO ATTEST TO THE SECOND AMENDMENT TO THE CONTRACT FOR
ENGINEERING SERVICES WITH POST, BUCKLEY, SCHUH, AND JERNIGAN, INC. FOR
THE FINAL DESIGN AND OTHER ENGINEERING SERVICES ASSOCIATED WITH THE
WOODLAWN LIFT STATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED FORTY-FIVE THOUSAND FIVE
HUNDRED AND NO/100 DOLLARS ($45,000.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,243
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 MONTGOMERY BUILDING
SERVICES, LLC, FOR THE FIRE STATION #3 EXPANSION PROJECT; AUTHORIZING
PAYMENT OF THE SUM OF ONE HUNDRED SEVENTY-EIGHT THOUSAND FOUR
HUNDRED EIGHTY-FIVE AND NO/100 DOLLARS ($178,485.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 10,244
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF OIL PRODUCTS DISTRIBUTION, LTD., FOR THE ANNUAL
GASOLINE AND DIESEL FUEL CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF ONE MILLION SIX HUNDRED THIRTY-ONE
THOUSAND FIVE HUNDRED THIRTY AND 87/100 DOLLARS ($1,631,530.87); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
ORDINANCE NO. 10,245
Page 13 of 14
Minutes of the Regular Session – January 12, 2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION IN THE FIRE
DEPARTMENT; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1764
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE GENERAL
CERTIFICATES OF LOCAL GOVERNMENTAL UNIT AND THE CERTIFICATES OF
HIGHEST RANKING OFFICIAL RELATING TO SOUTHEAST TEXAS HOUSING
FINANCE CORPORATION’S ISSUANCE OF SINGLE FAMILY MORTGAGE REVENUE
AND REFUNDING BONDS, SERIES 2006A; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider appointments to the EMS Advisory Committee (1).
Council Member Anderson moved that Randy Kimmey be re-appointed to the Emergency
Management Services Advisory Committee for a two-year term. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider appointments to Community Development Committee (3).
Council Member Murray moved that Terry Sain be appointed to the Community Development
Advisory Committee for a two-year term. Council Member Capetillo seconded the motion. The
vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider appointments to Baytown Industrial Development Corporation Board (6).
This item was not ready for consideration.
Consider appointments to Planning and Zoning Commission (5).
Council Member Capetillo moved that the current incumbents Rolando Valdez, Barry Bobbitt,
Page 14 of 14
Minutes of the Regular Session – January 12, 2006
Gilbert Chambers, Lewis McRee, and Jim Hutchison be re-appointed to the Planning and Zoning
Commission for two-year terms. Council Member Anderson seconded the motion. The vote
follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
City Manager’s Report.
City Manager Gary Jackson reported that the Police Academy ribbon cutting would be at 10 am
on January 27, 2006 . He also noted that City Offices would be closed on January 16, 2006 in
observance of Martin Luther King Day. He also stated that the United Way campaign was a
success and recognized Building Services Director Gregory Stubbs for coordinating the City’s
United Way campaign.
Adjourn.
Council Member Capetillo moved that the meeting adjourn. Council Member Mahan seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
There being no further business, the meeting adjourned at 7:28 p.m.
____________________________________
Lorri Coody
City Clerk