2006 09 14 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 14, 2006
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on September 14, 2006, at 6:30
p.m. in the Council Chamber of the City of Baytown with the following in attendance:
Brandon Capetillo Council Member
Lynn A. Caskey, II Council Member
Sammy Mahan Council Member
Don Murray Council Member
Scott Sheley Council Member
Mercedes Renteria, III. Council Member
Stephen H. DonCarlos Mayor
Gary M. Jackson City Manager
Bob Leiper Deputy City Manager
Kelvin Knauf Assistant City Manager
Ignacio Ramirez City Attorney
Lorri Coody City Clerk
The meeting was opened with a quorum present.
Consider approval of the minutes for the following meetings:
Work Session Meeting held on August 7, 2006;
Work Session Meeting held on August 10, 2006;
Work Session Meeting held on August 24, 2006; and
Regular Session Meeting held on August 24, 2006.
Council Member Sheley moved to approve the minutes. Council Member Caskey seconded the
motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Receive the Annual Report from the Parks and Recreation Advisory Board.
Mr. Jackson explained Ordinance # 885 states that the Parks and Recreation Advisory Board
shall make an Annual Report to the City Council. The Advisory Board approved the report at
the August 2, 2006 meeting.
Wayne Gray, Chairman of the Parks and Recreation Advisory Board presented the Annual
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Minutes of the Regular Session Meeting—September 14, 2006
Report. He mentioned the Goose Creek Stream Trail opening will be Saturday. He commended
Scott Johnson and the Parks and Recreation Department for a job well done and thanked the City
Council for their support.
Conduct the first public hearing on the proposed annexation submitted by Baytown
Partners, LLC on behalf of Barry A. Schnakenburg, and William P. Schnakenburg owners
of a 3.25 acre tract or parcel of land situated in Block 140, of Elena Fruit and Cotton
Farms, Unit “D”, according to the map or plat thereof recorded in Volume 7, at Page 48, of
the Map Records of Harris County, Texas, said 3.25 acre tract being a portion of a called
4.8532 acre tract as described in deed to Exxon Baytown Credit Union and recorded in
Harris County Clerk’s File No. P060937 and corrected in Harris County Clerk’s File No.
P165312.
Mayor DonCarlos opened the first Public Hearing at 6:36 p.m. City Manager Jackson explained
this 3.25 acre portion of land is one-half mile or less in width; is contiguous to the city limits of
Baytown; is vacant and without residents and will be used for the construction of a 30,000 square
foot Dollar Tree Retail Center. The property is located on the west side of Garth Road north of
Lynchburg-Cedar Bayou Road across the street from Conn’s. He also stated Council at its
August 24th meeting had granted the petition to proceed. With no one signing up to speak at this
meeting, Mayor DonCarlos closed the Public Hearing at 6:38 p.m.
Conduct the second public hearing on the proposed annexation submitted by Baytown
Partners, LLC on behalf of Barry A. Schnakenburg, and William P. Schnakenburg owners
of a 3.25 acre tract or parcel of land situated in Block 140, of Elena Fruit and Cotton
Farms, Unit “D”, according to the map or plat thereof recorded in Volume 7, at Page 48, of
the Map Records of Harris County, Texas, said 3.25 acre tract being a portion of a called
4.8532 acre tract as described in deed to Exxon Baytown Credit Union and recorded in
Harris County Clerk’s File No. P060937 and corrected in Harris County Clerk’s File No.
P165312.
Mayor DonCarlos opened the second Public Hearing at 6:38 p.m. Mayor DonCarlos explained
this 3.25 acre portion of land is one-half mile or less in width; is contiguous to the city limits of
Baytown; is vacant and without residents and will be used for the construction of a 30,000 square
foot Dollar Tree Retail Center. With no one signing up to speak at this meeting, Mayor
DonCarlos closed the Public Hearing at 6:39 p.m.
Consider and take possible action regarding Taft Circle apartments as follows:
a. Review asbestos report.
b. Possible authorization to solicit bids for demolition and asbestos removal.
c. Consider Proposed Ordinance No. 060914-1, approving an agreement with
prospective owner for renovation of apartments.
City Manager Jackson reviewed the three items for consideration. He explained the City
received the asbestos survey report on the Taft Circle Apartments and it indicated three sources
of asbestos contamination. City staff has prepared bid specifications on demolition and asbestos
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Minutes of the Regular Session Meeting—September 14, 2006
abatement. Mr. Jackson explained that costs estimates obtained in June of 2005 for demolition
and abatement have been included for Council review. Additionally, Mr. Jackson explained that
a real estate broker contacted the City concerning a prospective buyer (Koltoniuk Development)
with an offer to purchase the Taft Circle Apartment, contingent upon approval of a renovation
agreement with City Council. Staff has met with the prospective buyer and they have submitted
a signed proposed renovation agreement and committed to posting a $125,000 cash bond to
guarantee performance.
With several citizens signing up to speak on this item, Mayor DonCarlos called:
Glenn Lee, 10497 Town and Country #810, Houston, Texas (713-932-6600) – Mr. Lee gave the
history behind his ownership of the property explaining he received the property by foreclosure
from Mr. Rood and was given approximately 6 weeks by City Council to find a buyer. He
explained that he has an earnest money contract with David Koltoniuk and has fenced and
cleaned the property as much as possible. He is asking Council for time to make this agreement
with David Koltoniuk work. The proposed closing date is within 2 weeks from September 14,
2006.
Discussion was had that Mr. Lee did do what he promised he would do during the 6 week period.
Council asked for and staff explained a breakdown of the demolition costs and timeline for the
City of Baytown should they choose this route as opposed to granting Mr. Lee time to work his
agreement. Basically the City has to pay for the demolition, file a lien against the property and
this would cause a problem for Mr. Lee when trying to sell the property. The 2005 estimates for
demolition are $147,000 to $288,000 with and additional $500,000 to $750,000 for asbestos
removal. Therefore the total project would be approximately $650,000 to $1,000,000 based
upon 2005 figures and would take 160 to 190 days for demolition activities.
Council heard from the prospective buyer David Koltoniuk who explained that his company
looks for these type properties to turn eye sores in the community into an investment for his
company and a benefit for the community. He explained that it is his objective to renovate the
apartments using the local workforce.
Council discussed their concern about past experiences and their need for security and assurance
that timelines will be met.
LaVoyce Maples, 2314 Buchanan, Baytown, Texas (713-503-9800) – Ms. Maples stated she is
opposed to the agreement and that she has heard all these stories before.
Mrs. Dennis Heyen, 2200 Buchanan, Baytown, Texas (281-427-0983) – Mrs. Heyen expressed
that she would like the agreement to work but she has her doubts. She is opposed.
Council engaged in discussion about the property and the improvements that have been made to
the property. Additional note was made about the costs to the City if the agreement is not
reached.
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Minutes of the Regular Session Meeting—September 14, 2006
With no further discussion, Council Member Renteria moved to approve the agreement with
Koltoniuk Development, LTD for repairs of Taft Circle. Council Member Murray seconded the
motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Murray, Renteria and Sheley
Nays: Mayor DonCarlos and Council Member Mahan
The motion carried.
ORDINANCE NO. 10,400
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN AGREEMENT FOR REPAIRS WITH KOLTONIUK DEVELOPMENT,
LTD, TO REHABILITATE THE STRUCTURES LOCATED AT 2300 TAFT CIRCLE
APARTMENTS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Mayor DonCarlos suggested that items 6 thru 11 be considered together since these items are
related to the 2006-2007 Budget and have been discussed extensively by Council in the budget
work sessions.
Consider Proposed Ordinance No. 060914-2, adopting the 2006-07 City of Baytown Budget
totaling $92,911,715.
Consider Proposed Ordinance No. 060914-3, adopting the 2006-07 Baytown Area Water
Authority Budget totaling $6,873,830.
Consider Proposed Ordinance No. 060914-4 amending Chapter 98 “Utilities,” Section Nos.
98-59 and 98-91 of the Code of Ordinances, Baytown, Texas, to increase water and sewer
rates and to clarify the “volume user” section to match the practice since inception.
Consider Proposed Ordinance No. 060914-5, amending Chapter 86 “Solid Waste,” Article
II “Residential Solid Waste,” Division 3 “Fees and Charges and Billing Procedures,”
Section 86-101 “Charge for collection,” Subsections (a), (c) and (d) of the Code of
Ordinances, Baytown, Texas, to increase the collection rate.
Consider Proposed Ordinance No. 060914-6 amending Chapter 18 “Buildings and Building
Regulations,” Article II, “Building Construction Standards,” Division 4 “Building and
Development Permits,” Section 18-127 “Building permit fee schedule”; Article IX,
“Minimum Property Standards,” Division 3 “Leased Multifamily Dwellings,” Subdivision
II “Administration and Enforcement,” Section 18-702 “Inspections and reinspections,”
Subsection (b); Subdivision III “License,” Section 18-723 “Fees”; Chapter 58
“Manufactured Homes, Mobile Homes and Parks," Article III “New Manufactured
Homes,” Division 3 “Within Manufactured Home Parks,” Section 58-182 “Manufactured
home park operator's license required,” Subsections (b) and (c); Article IV “Recreational
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Minutes of the Regular Session Meeting—September 14, 2006
Vehicles,” Division 3 “Within Recreational Vehicle Parks,” Section 58-272 “Recreational
vehicle park operator's license required,” Subsections (b) and (c) of the Code of
Ordinances, Baytown, Texas, to increase certain fees for licenses, permits and other
building services.
Consider Proposed Ordinance No. 060914-7, authorizing the City Manager to negotiate
and execute a consulting/brokerage agreement with Holmes, Murphy & Associates, Inc.,
for fiscal year 2006-07 in the amount of $40,000.
Council Member Sheley moved to approved agenda items 6 thru 11 as submitted. Council
Member Renteria seconded the motion.
Before the vote took place discussion was had regarding the tax rate. Council discussed that for
purposes of next years budget that staff should work on ideas to reduce the tax rate. Discussion
was also had about tax exemptions and tax caps. With no further discussions, Mayor DonCarlos
called for the vote. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,401
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1,
2006, AND ENDING SEPTEMBER 30, 2007, IN ACCORDANCE WITH THE CHARTER
AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,402
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY BAYTOWN, TEXAS,
APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER AUTHORITY (BAWA)
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2006, AND ENDING SEPTEMBER
30, 2007; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,403
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 98 “UTILITIES,” ARTICLE III “WATER SERVICE,” SECTION 98-
59 “RATES,” SUBSECTION (A)(1) “RATE TABLE”; SECTION 98-59 “RATES,”
SUBSECTION (G) “VOLUME USERS”; ARTICLE IV “SEWER SERVICE,” SECTION 98-91
“SEWER SERVICE CHARGE,” SUBSECTION (A) “RATE SCHEDULE” AND
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Minutes of the Regular Session Meeting—September 14, 2006
SUBSECTION (B) “RESIDENTIAL DWELLING UNITS,” SUBSECTION (1)
“INDIVIDUALLY METERED FOR WATER CONSUMPTION”; AND SECTION 98-91
“SEWER SERVICE CHARGE,” SUBSECTION (F) “VOLUME USERS” OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO INCREASE UTILITY FEES AND TO CLARIFY
USERS WHO QUALIFY AS VOLUME USERS; CONTAINING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO/100 DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,404
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 86 “SOLID WASTE,” ARTICLE II “RESIDENTIAL SOLID
WASTE,” DIVISION 3 “FEES AND CHARGES AND BILLING PROCEDURE,” SECTION
86-101 “CHARGE FOR COLLECTION,” SUBSECTIONS (A), (C), AND (D) OF THE CODE
OF ORDINANCES, BAYTOWN, TEXAS, TO INCREASE RESIDENTIAL COLLECTION
RATES; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE;
PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS
($500.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,405
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 18 “BUILDINGS AND BUILDING REGULATIONS,” ARTICLE II
“BUILDING CONSTRUCTION STANDARDS,” DIVISION 4 “BUILDING AND
DEVELOPMENT PERMITS,” SECTION 18-127 “BUILDING PERMIT FEE SCHEDULE,”
SUBSECTION (A); ARTICLE IX “MINIMUM PROPERTY STANDARDS,” DIVISION 3
“LEASED MULTIFAMILY DWELLINGS,” SUBDIVISION II “ADMINISTRATION AND
ENFORCEMENT,” SECTION 18-702 “INSPECTIONS AND REINSPECTIONS,”
SUBSECTION (B); SUBDIVISION III “LICENSE,” SECTION 18-723 “FEES”; CHAPTER 58
“MANUFACTURED HOMES, MOBILE HOMES AND PARKS," ARTICLE III “NEW
MANUFACTURED HOMES,” DIVISION 3 “WITHIN MANUFACTURED HOME PARKS,”
SECTION 58-182 “MANUFACTURED HOME PARK OPERATOR'S LICENSE
REQUIRED,” SUBSECTIONS (B) AND (C); ARTICLE IV “RECREATIONAL VEHICLES,”
DIVISION 3 “WITHIN RECREATIONAL VEHICLE PARKS,” SECTION 58-272
“RECREATIONAL VEHICLE PARK OPERATOR'S LICENSE REQUIRED,”
SUBSECTIONS (B) AND (C) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
INCREASE FEES FOR LICENSES, PERMITS AND CERTAIN OTHER BUILDING
SERVICES; CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100
DOLLARS ($500.00) FOR EACH VIOLATION THEREOF; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting—September 14, 2006
ORDINANCE NO. 10,406
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CONSULTING/BROKERAGE AGREEMENT WITH HOLMES,
MURPHY & ASSOCIATES, INC.; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF FORTY THOUSAND AND NO/100 DOLLARS ($40,000.00);
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Receive 2006 Appraisal Rolls as certified by the Harris County Appraisal District and the
Chambers County Appraisal District.
Charlene Piggott, Director of Tax Services for Goose Creek Consolidated Independent School
District, presented the 2006 Appraisal Rolls as certified by the Harris County Appraisal District
and Chambers County Appraisal District.
She reported the Harris County Appraisal Roll was received September 8, 2006 and certified
September 1, 2006. In accordance with Section 26.04(b) of the Texas Property Tax Code, the
following values are submitted:
Total Appraised Value: $2,580,962,390
Total Taxable Value: $1,960,085,404
Total Uncertified (Taxable Value) $ 187,958,775
She also stated the Chambers County Appraisal Roll was received July 24, 2006 and certified
July 24, 2006. In accordance with Section 26-04(b) of the Texas Property Tax Code, the
following values are submitted:
Total Certified Taxable Value: $ 127,973,210
Council Member Sheley moved to receive the 2006 Appraisal Rolls as certified by the Harris
County Appraisal District and Chambers County Appraisal District. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Receive the effective tax rate and rollback rate calculation for the 2006 Tax Year (Fiscal
Year 2006-07).
Ms. Rhonda Young, Director of Finance presented the rates to Council. She stated in accordance
with Section 26.04 of the Texas Property Tax Code, the Finance Department submits the
effective tax rate and the rollback tax rate of $0.71919 and $0.74518 per $100 valuation,
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Minutes of the Regular Session Meeting—September 14, 2006
respectively. These rates and the method of calculation shall be published in accordance with
Section 26.04 of the Texas Property Tax Code. The City has historically used 100% of its
collection rate for calculation of its effective tax. Attached are the effective and rollback rate
calculation publication.
Council Member Caskey moved to receive the Receive the effective tax rate and rollback rate
calculation for the 2006 Tax Year (Fiscal Year 2006-07). Council Member Renteria seconded the
motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Receive Certification of 2006 Anticipated Collection Rate from the City of Baytown Tax
Assessor/Collector.
Charlene Piggott, Director of Tax Services for Goose Creek Consolidated Independent School
District explained the City of Baytown Tax Assessor/Collector has certified the anticipated tax
collections for the 2006 tax year to be 100%, in accordance with Section 26.04(b) of the Texas
Property Tax Code. The Certified Collection rate of 100% is used in the Effective Tax Rate
Calculation (ETR). This percent differs from the percentage used in the budget (95.0%). The
ETR is calculated based on receiving all taxes due whereas the budget is based on historical
collections.
Council Member Mahan moved to receive the 2006 Anticipated Collection Rate from the City of
Baytown Tax Assessor/Collector. Council Member Caskey seconded the motion. The vote
follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider Proposed Ordinance No. 060914-8, proposing to increase total tax revenues from
properties on the tax roll in the preceding year, setting two public hearings on the proposed
tax rate, and setting the meeting at which the city council will vote on the proposed tax
rate.
City Manager Jackson explained Section 26.05 of the Texas Tax Code requires the City Council
to consider and vote on a proposed tax rate when the proposed rate exceeds the lower of the roll
back rate or 100% of the effective tax rate. Due to the increased certified and uncertified
appraised values of property within the City, the proposed rate, which has remained the same
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Minutes of the Regular Session Meeting—September 14, 2006
rate since 1992, exceeds 100% of the effective tax rate by 2.48%. The City Council may not
adopt a proposed tax rate that exceeds the effective tax rate until it holds two public hearings on
the proposed tax rate and complies with the publication, posting, broadcasting requirements
contained Section 26.06 and Section 26.065 of the Texas Tax Code.
Council Member Mahan moved to approve the Ordinance as submitted and set the public
hearings for September 28, 2006 and October 12, 2006. Council Member Capetillo seconded the
motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,407
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
PROPOSING TO INCREASE TOTAL TAX REVENUES FROM PROPERTY ON THE TAX
ROLL IN THE PRECEDING TAX YEAR BY 2.48 PERCENT; SETTING TWO PUBLIC
HEARINGS ON THE PROPOSED TAX RATE; SETTING THE MEETING AT WHICH THE
CITY COUNCIL WILL VOTE ON THE PROPOSED TAX RATE; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Mayor DonCarlos suggested items 16 and 17 be considered together.
Consider Proposed Ordinance No. 060914-9, authorizing an interlocal agreement between
the City of Baytown and the Baytown Fire Control, Prevention and Emergency Medical
Services District for a Fire Training Facility, Personnel, and Equipment.
City Manager Jackson explained that the Board of Directors of the Baytown Fire Control,
Prevention and Emergency Medical Services District met on August 29, 2006 and adopted a
resolution authorizing this agreement. He stated that the proposed ordinance authorizes the
interlocal agreement between the City of Baytown and the Baytown Fire Control, Prevention and
Emergency Medical Services District for a Fire Training Facility, Personnel, and Equipment.
Pursuant to the Agreement, the City will be responsible for managing various programs of the
District, including the construction of the fire training facility, the employment of a fire safety
officer, the procurement of certain medical equipment, motor vehicles and radio equipment.
Also, the proposed agreement provides for a reimbursement to the City for a portion of the costs
incurred by the City in administering the fire control, prevention, and emergency medical
services programs. The term of the proposed agreement is for five years and contains estimates
for the continuation of the identified programs in future years.
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Minutes of the Regular Session Meeting—September 14, 2006
Consider Proposed Ordinance No. 060914-10, authorizing an interlocal agreement between
the City of Baytown and the Baytown Crime Control and Prevention District for patrol
officers, vehicles and equipment.
City Manager Jackson explained that the Board of Directors of the Baytown Crime Control and
Prevention District met on August 23, 2006 and adopted a resolution authorizing this agreement.
He stated that the proposed ordinance will authorize this agreement and recommended approval.
Council Member Capetillo moved to approve items 16 and 17 as submitted. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,408
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO AN AGREEMENT WITH THE BAYTOWN FIRE CONTROL,
PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT FOR A FIRE
TRAINING FACILITY, PERSONNEL AND EQUIPMENT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,409
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK
TO ATTEST TO AN AGREEMENT WITH THE BAYTOWN CRIME CONTROL AND
PREVENTION DISTRICT FOR PATROL OFFICERS, VEHICLES AND EQUIPMENT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Mayor DonCarlos suggested items 18 and 19 be considered together.
Consider Proposed Ordinance No. 060914-11, approving an interlocal agreement with
Harris County, Texas for election services for the November 7, 2006 election for Harris
County voting precincts in the City of Baytown.
The services provided by the County under the agreement include:
The voting equipment and supplies for early voting by personal appearance and mail
(EV) and for Election Day (ED).
The polling places for EV and ED, election personnel and will set up the polling places
for EV and ED.
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Minutes of the Regular Session Meeting—September 14, 2006
The County will be appointed the Early Voting Ballot Board and will employ staff to
program and operate the automatic tabulating equipment.
The County will be responsible for the establishment and organization of the Central
Counting Station (Election Code Sections 127.001 thru 127.006).
The County agrees to pay the election workers and the City will reimburse the County for
same.
Consider Proposed Ordinance No. 060914-12, approving an interlocal agreement with
Chambers County, Texas for election services for the November 7, 2006 election for
Chambers County voting precincts in the City of Baytown.
The services provided by the County under the agreement include:
The voting equipment and supplies for early voting by personal appearance and mail
(EV) and for Election Day (ED).
The polling places for EV and ED, election personnel and will set up the polling places
for EV and ED.
The County will be appointed the Early Voting Ballot Board and will employ staff to
program and operate the automatic tabulating equipment.
The County will be responsible for the establishment and organization of the Central
Counting Station (Election Code Sections 127.001 thru 127.006).
The County agrees to pay the election workers and the City will reimburse the County for
same.
Limited discussion was had concerning the services that the Counties will supply and voter
convenience. Council also discussed the costs involved in this election. City Clerk, Lorri
Coody, fielded questions concerning the costs and services.
Council Member Sheley moved to approve items 18 and 19 as submitted. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,410
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A JOINT ELECTION AGREEMENT WITH HARRIS COUNTY FOR THE
TH
SPECIAL ELECTION TO BE HELD ON THE 7 DAY OF NOVEMBER, 2006; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting—September 14, 2006
ORDINANCE NO. 10,411
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A JOINT ELECTION AGREEMENT WITH CHAMBERS COUNTY FOR
TH
THE SPECIAL ELECTION TO BE HELD ON THE 7 DAY OF NOVEMBER, 2006; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider proposed Ordinance No: 060914-13, awarding a construction contract for the
Country Club View Lift Station Rehabilitation Project.
City Manager Jackson explained the scope of work includes replacing duplex submersible pumps
and controls with duplex self-priming pumps and controls, enlarging the lift station site and
installing 1060 LF of four-inch force main. The total estimated construction cost prepared by the
consultant was $107,000. This project will be funded by 2004 Certificates of Obligation Bonds
as well as 1998 interest earnings.
Council Member Caskey moved to approve the Ordinance as submitted. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,412
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 G&N ENTERPRISES, INC., FOR THE
COUNTRY CLUB VIEW LIFT STATION REHABILITATION PROJECT; AUTHORIZING
PAYMENT OF THE SUM OF ONE HUNDRED FORTY-EIGHT THOUSAND AND NO/100
DOLLARS ($148,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Mayor DonCarlos moved to items 22 and 23 and suggested they be considered together.
Receive recommendations for Delinquent Tax Attorney services.
Mayor DonCarlos explained the City of Baytown’s delinquent tax collections contract with
Randall B. Strong expired on September 30, 2005. This contract is currently on a month-to-
month basis. This item was considered by the Council Finance Sub-committee on September 12,
2006. The Committee recommended renewing Mr. Strong’s contract for a one year period with
set targets/benchmarks.
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Minutes of the Regular Session Meeting—September 14, 2006
Consider Proposed Ordinance No. 060914-15, authorizing the City Manager to negotiate
and execute an agreement for legal services for delinquent tax and bankruptcy collections
with Randall B. Strong.
City Manager Jackson explained the proposed ordinance will authorize the City Manager to
negotiate and execute the agreement with Randal B. Strong that expired on September 30, 2005
to include the recommendation of the finance committee made September 12, 2006 for a one
year renewal with set targets.
Council engaged in discussion concerning delinquent account values.
With no further discussion, Council Member Mahan moved to approve the Ordinance as
explained by the City Manager. Council Member Renteria seconded the motion. The vote
follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,413
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH RANDALL B. STRONG FOR LEGAL SERVICES FOR DELINQUENT
TAX AND BANKRUPTCY COLLECTIONS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance No. 060914-16, amending Section 34-232 (a) and (b) of the
City of Baytown Code of Ordinances to change the source of the discount rate applied to
advance payments for pipeline permit and registration fees.
City Manager Jackson explained that currently this section of the code of ordinances states the
advance payment of the aggregate amount of the annual pipeline fees will be discounted to its
then present value at the prime interest rate then charged by Texas Commerce Bank of Houston,
Texas, or its successor in interest. The prime rate as of 8/30/2006 is 8.25%. We are requesting
to change the rate used to discount the advance payment to the interest rate then paid by the
Texas Local Government Investment Pool (TEXPOOL). The City of Baytown primarily invests
its cash in TEXPOOL and is a better indicator for the investment yield that would be earned by
the City’s investments.
Council asked questions on this topic and City Finance Director, Rhonda Young answered
accordingly.
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Minutes of the Regular Session Meeting—September 14, 2006
Council Member Renteria moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,414
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 34 “ENVIRONMENT,” ARTICLE V “HAZARDOUS
SUBSTANCES, LIQUIDS AND GAS PIPELINES,” DIVISION 2 “PERMIT AND
REGISTRATION,” SUBDIVISION I “IN GENERAL,” SECTION 34-232 “FEES,”
SUBSECTIONS (A) AND (B) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
CHANGE THE RATE USED TO DISCOUNT THE ADVANCE PAYMENT TO THE
INTEREST RATE THEN PAID BY THE TEXAS LOCAL GOVERNMENT INVESTMENT
POOL (TEXPOOL); CONTAINING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 060914-1, requesting the sheriff or constable to sell the
properties located at 1508 Kilgore Road, 00 Kilgore Road, and 1620 Elm Street, Baytown,
Harris County, Texas, at a public sale pursuant to Section 34.05(c) of the Texas Tax Code.
City Manager Jackson introduced this item and recommended approval. Information concerning
the item is as follows:
In 1997, the Legislature amended the Tax Code to allow taxing entities to sell via a public sale
property held by a taxing entity as a result of the receipt of an insufficient bid at a tax foreclosure
sale. At a public sale, the property will be sold at a public auction at the courthouse door of the
county on the first Tuesday of the month, between the hours of 10:00 a.m. and 4:00 p.m. The
acceptance of a bid at such a sale is conclusive and binding on the question of its sufficiency. As
such, it is believed that this process will provide the City an efficient mechanism for (i) returning
deteriorated or unproductive properties to the tax rolls, (ii) enhancing the value of ownership to
the properties neighboring those which have been bid off to the City in tax foreclosure sales, and
(iii) improving the safety and quality of life throughout the City. This resolution authorizes the
sale of the following properties:
(1) Property address: 1508 Kilgore Road, Baytown, Texas 77520
HCAD account #: 041-021-001-0092
Legal description: Tr 4C-1 (016*tr 19) (051*tr 95); Abst 65 W. Scott
Number and style of suit: Cause No.1999-08399; City of Baytown vs. Ruby Lee
McCoy;
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In the 280 Judicial District Court, Harris County, Texas
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Minutes of the Regular Session Meeting—September 14, 2006
Date of tax foreclosure sale: November 7, 2000
(2) Property address: 00 Kilgore Road, Baytown, Texas 77520
HCAD account #: 041-021-001-0655
Legal description: Tr 4C-4A; Abst 65 W. Scott
Number and style of suit: 1993-33590; City of Baytown vs. Ruby Lee McCoy; In the
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55 Judicial District Court, Harris County, Texas
Date of tax foreclosure sale: August 7, 1996
(3) Property address: 1620 Elm Street, Baytown, Texas 77520
HCAD account #: 052-281-000-0100
Legal description: Blk 7, Lot 100; Pelly
Number and style of suit: Cause No. 1989-25675; City of Baytown vs. Tony
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Rodriguez; In the 280 Judicial District Court, Harris
County, Texas
Date of tax foreclosure sale: January 1, 1991
The right of redemption has expired on these properties. There are no improvements on the
properties.
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Caskey seconded the motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1811
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTIES LOCATED
AT 1508 KILGORE ROAD, 00 KILGORE ROAD, AND 1620 ELM STREET AT A PUBLIC
SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting—September 14, 2006
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Consider Proposed Resolution No. 060914-2, requesting the members of the 80 Legislative
Session of The State of Texas support increased funding for the Texas Recreation & Parks
Account Local Park Grant Program and the Texas State Park System.
City Manager Jackson introduced this item and recommended approval. Information concerning
the item is as follows:
The Texas Parks & Wildlife Department (TPWD) administers the Texas Recreation & Parks
Account Local Park Grant Program (TRPA) and manages 114 State parks and historical sites in
Texas. Funding for the TRPA has decreased the past two sessions. The TRPA is the grant
program for parkland acquisition and development and for the development of recreational
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facilities. The annual funding in the TRPA prior to the 78 Legislature was $15.5 million. The
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TRPA was reduced to $8.1 million annually during the 78 Legislature and to $5 million by the
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79 Legislature.
Appropriations for the maintenance and operation of the State Parks and historical sites in Texas
has also been reduced over the past two Legislative Sessions resulting in park closures, reduced
hours and days of operation as well as layoffs of staff. This has come at a time when the
population of the state is expanding and the need for open space is greater than it has ever been.
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This resolution requests members of the 80 Legislature support increased funding for the
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TRPA, at least to the level the grant program was at prior to the 78 Legislative Session. The
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resolution also requests members of the 80 Legislature support increased funding for the State
Park System.
Since 1971, the City of Baytown has received sixteen park acquisition and development grants
from TPWD totaling $3,120,136 in grant dollars. The acquisition and development of Goose
Creek Park, W.C. Britton Park, Unidad Park, Allenbrook Park, the Baytown Nature Center and
the Eddie V. Gray Wetlands Education and Recreation Center among several others were all
partially funded with matching grants from TPWD. Staff tried to obtain a grant for partial
funding for the Wayne Gray Sports Complex project; however because the state’s TRPA funding
levels had been reduced significantly, our efforts were unsuccessful.
The Parks and Recreation Advisory Board passed a similar resolution at its September 6, 2006
meeting.
Council Member Renteria moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Page 17 of 24
Minutes of the Regular Session Meeting—September 14, 2006
RESOLUTION NO. 1812
A JOINT RESOLUTION OF THE PARKS AND RECREATION BOARD OF THE CITY OF
BAYTOWN, TEXAS, AND THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
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REQUESTING MEMBERS OF THE 80 LEGISLATIVE SESSION OF THE STATE OF
TEXAS SUPPORT INCREASED FUNDING FOR THE TEXAS RECREATION & PARKS
ACCOUNT LOCAL PARK GRANT PROGRAM AND THE TEXAS STATE PARK
SYSTEM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider approval of plans and specifications and authorizing advertisement to take bids
for the Pinehurst Subdivision Drainage Project.
City Manager Jackson explained the scope of work includes grading the existing ditches to the
proposed slope and resetting of culverts and driveways. An outfall pipe will also be installed to
create positive drainage of the system. This project has a proposed cost estimate of $310,000
and is being funded by 2002, 2003, and 2004 General Obligation Bonds. The construction
duration is 120 calendar days.
Council Member Caskey thanked the Council on behalf of the residents in the Pinehurst
Subdivision for considering and approving this plan.
Council Member Caskey moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Receive the Planning and Zoning Commission’s written semiannual report with respect to
the progress on the Land Use Assumptions, 20-year Capital Improvements Plan ("CIP")
for Water and Wastewater, and Impact Fee.
City Manager Jackson introduced Greg Stubbs, Director of Planning and Development Services
to present the report. Mr. Stubbs explained that Section 395.058 of the Texas Local Government
Code provides that the Advisory Committee (P&Z) shall file semiannual reports with respect to
the progress of the capital improvements plan and report to City Council any perceived inequities
in implementing the plan or imposing the impact fee.
Mr. Stubbs stated the Planning and Zoning Commission met on Wednesday, August 16, 2006
and submits its report to Council for review. He gave a summary of the report, stating the report
shows a status of the projects. He also reviewed the 2012 and 2020 maps with Council and
explained that he sees much room for growth.
Mr. Stubbs explained that no inequities in the plan’s implementation have been found nor have
Page 18 of 24
Minutes of the Regular Session Meeting—September 14, 2006
any inequities been found in the imposition of the impact fee. Since the date of implementation,
92 commercial permits and 456 new residential permits were approved. The above numbers do
not include commercial and residential remodels. Based on the continued growth of the
community, an update of the Land Use Assumptions, CIP for Water and Wastewater, and Impact
Fee is appropriate.
Receive the updated land use assumptions and capital improvements plan.
Mr. Stubbs introduced Alan Black with Post, Buckley, Schuh, & Jernigan, Inc. (PBS&J) who
presented the updated land use assumptions and capital improvements plan. Mr. Black reported
that the City’s Planning and Zoning Commission, as the advisory committee under state law, has
reviewed and recommended some changes to the proposed update. Such recommendations have
been incorporated. Mr. Black’s presentation included the following:
• Review and Update Land Use Assumptions
• Update Water/Wastewater Usage
• Determine System Deficiencies
• Develop Projects to Correct
• Update Impact Fee
Council engaged in limited discussion about the CIP. Staff and Mr. Black fielded questions
accordingly.
Consider Proposed Ordinance No. 060914-17, determining that the land use assumptions
and capital improvements plan should be amended and setting a public hearing to discuss
and review the updated land use assumptions, capital improvements plan, maximum
impact fee per service unit, and the corresponding proposed ordinance.
City Manager explained the purpose for a public hearing is to provide for members of the public
to appear and present evidence for or against the update. The City will make available to the
public each of the above-enumerated items on or before the date of the first publication of the
hearing. While the proposed update contains an increase to the maximum impact fee per service
unit which may be charged, it is recommended that the impact fees not be increased.
Council Member Mahan moved to approve the Ordinance and set the public hearing for October
23, 2006. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,415
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Minutes of the Regular Session Meeting—September 14, 2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DETERMINING THAT THE LAND USE ASSUMPTIONS AND CAPITAL
IMPROVEMENTS PLAN SHOULD BE AMENDED; SETTING A TIME, DATE AND
PLACE FOR A PUBLIC HEARING TO DISCUSS AND REVIEW THE PROPOSED
UPDATED LAND USE ASSUMPTIONS, CAPITAL IMPROVEMENTS PLAN, MAXIMUM
IMPACT FEE PER SERVICE UNIT AND THE CORRESPONDING ORDINANCE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Receive quarterly financial and investment reports for the period ending June 30, 2006 for
the City of Baytown.
Finance Director, Rhonda Young submitted the City of Baytown’s Investment Report for the
quarter ended June 30, 2006 for review in accordance with the Public Funds Investment Act
Section 2256-023 (a) and (b). The City of Baytown’s Financial Report for the quarter ended
June 30, 2006 was also submitted for review. Both of these reports were reviewed by the
Council Finance Sub-committee on September 12, 2006.
Council Member Murray moved to approve the reports. Council Member Renteria seconded the
motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consent
a. Consider Proposed Ordinance No. 060914-18, awarding the renewal for the
annual police and animal control uniforms contract to Lonestar Uniforms, Inc.,
for $47,389.76.
b. Consider Proposed Ordinance No. 060914-19, awarding Rustin Transportation
Company, LP, and the annual sludge disposal contract in the amount of
$283,400.00.
c. Consider proposed Ordinance No. 060914-20, approving an expenditure through
the Texas Local Government Purchasing Cooperative (Buyboard) for $40,322.00
with Spectrum Corporation for the purchase and installation of eight new
scoreboards at the Wayne Gray Sports Complex.
d. Consider Proposed Ordinance No. 060914-21, approving an interlocal agreement
with the Baytown Municipal Development District for expenditures of up to
$60,000 for the Roseland Park Lighting and Other Improvements project from
the 2006-2007 MDD budget.
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Minutes of the Regular Session Meeting—September 14, 2006
e. Consider Proposed Ordinance No. 060914-22, approving an interlocal agreement
with the Baytown Municipal Development District for expenditures of up to
$300,000 for the Wayne Gray Sports Complex Improvements project from the
2006-2007 MDD budget.
f. Consider Proposed Ordinance No. 060914-23, approving an interlocal agreement
with the Baytown Municipal Development District for expenditures of up to
$50,000 for an Aquatic Study including Feasibility and Layout from the 2006-
2007 MDD budget.
g. Consider Proposed Ordinance No. 060914-24, approving an interlocal agreement
with the Baytown Municipal Development District for expenditures of up to
$15,000 to upsize the “UPS” lift station on Interstate 10 to accommodate future
development.
h. Consider Proposed Resolution No. 060914-3, requesting permission to apply for
2006 CEDAP grant for funds to purchase a MIRAN SapphiRe Portable Gas
Analyzer for the Hazardous Materials Team to gain the ability to quickly test the
ambient air for toxic gases and vapors.
Council Member Sheley moved to approve items a through h as submitted. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,416
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF LONESTAR UNIFORMS, INC., FOR THE ANNUAL
POLICE AND ANIMAL CONTROL UNIFORMS CONTRACT AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY-SEVEN THOUSAND
THREE HUNDRED EIGHTY-NINE AND 76/100 DOLLARS ($47,389.76); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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Minutes of the Regular Session Meeting—September 14, 2006
ORDINANCE NO. 10,417
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF RUSTIN TRANSPORTATION COMPANY, LP, FOR THE
ANNUAL SLUDGE DISPOSAL CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, IN THE AMOUNT OF TWO HUNDRED EIGHTY-THREE
THOUSAND FOUR HUNDRED AND NO/100 DOLLARS ($283,400.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 10,418
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF FORTY THOUSAND THREE HUNDRED TWENTY-
TWO AND NO/100 DOLLARS ($40,322.00) TO SPECTRUM CORPORATION FOR THE
PURCHASE AND INSTALLATION OF EIGHT NEW SCOREBOARDS AT THE WAYNE
GRAY SPORTS COMPLEX; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,419
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 AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE ROSELAND PARK
LIGHTING AND OTHER IMPROVEMENTS PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,420
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 AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE WAYNE GRAY SPORTS
COMPLEX IMPROVEMENT PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 10,421
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 AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT REGARDING FUNDING FOR AN AQUATIC STUDY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting—September 14, 2006
ORDINANCE NO. 10,422
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 AGREEMENT WITH THE BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE UPS I-10 LIFT STATION
PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1813
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE
OFFICE OF GRANTS AND TRAINING OF THE UNITED STATES DEPARTMENT OF
HOMELAND SECURITY FOR A 2006 COMMERCIAL EQUIPMENT DIRECT
ASSISTANCE PROGRAM GRANT TO PURCHASE A MIRAN SAPPHIRE PORTABLE
GAS ANALYZER FOR THE HAZARDOUS MATERIALS TEAM TO GAIN THE ABILITY
TO QUICKLY TEST THE AMBIENT AIR FOR TOXIC GASES AND VAPORS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider appointment to the Construction Board of Adjustments and Appeals (1).
The Construction Board of Adjustments and Appeals is a seven member Board appointed by
Council to hear appeals from decision of the Building Official. The Board is composed of one
architect, one general contractor, one engineer, two members at large, one master plumber, and
one journeyman or master plumber. The term of office is four years. Mr. John Rowland,
Engineer, has served on this board since 2005. Recently, he has given his resignation because he
no longer lives in Baytown. He now lives in San Antonio, Texas and is no longer able to serve
on the Construction Board of Adjustments and Appeals as an Engineer. Mr. Rowland’s term
expires May, 2007.
Council Member Mahan moved to appoint Donald S. Carnes Jr. to fill the vacant position.
Council Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Mayor DonCarlos then called item 21 on the agenda.
Consider Proposed Ordinance No. 060914-14, second reading on the proposed franchise
agreement with CenterPoint Energy Houston Electric, LLC, for the use of the public
rights-of-way to conduct an electric delivery business in the City and for other business
purposes.
Page 23 of 24
Minutes of the Regular Session Meeting—September 14, 2006
City Manager Jackson explained that there are specific Charter requirements concerning
franchise agreements one of which required the Ordinance be read three times. He also
reminded council that on July 13, 2006, during Council Work Session, CenterPoint’s area
manager was present to address questions about the new franchise agreement.
The charter requirements concerning franchise agreements including:
An ordinance granting, amending, renewing, or extending franchises for public utilities
shall be read at three separate regular meetings of the council; and
Ordinance shall not be finally passed until 30 days after the first reading; and
Ordinance shall not take effect until 60 days after its final passage.
Pending final effective date, the full text of such ordinance shall be published once each
week for 4 consecutive weeks in the official newspaper, and the expense of publication
shall be borne by the proponent of the franchise.
The first reading of the Ordinance was during the Council Meeting on August 24, 2006. The
proposed ordinance was read aloud.
Council Member Mahan moved to approve the Ordinance as submitted. Council Member
Renteria seconded the motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,398
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING TO CENTERPOINT ENERGY HOUSTON ELECTRIC, LLC THE RIGHT,
PRIVILEGE AND FRANCHISE TO USE THE PUBLIC RIGHTS-OF-WAY AND TO USE,
LICENSE, OR EXPLOIT THE COMPANY’S FACILITIES WITHIN THE PUBLIC RIGHTS-
OF-WAY TO CONDUCT AN ELECTRIC DELIVERY BUSINESS IN THE CITY AND FOR
SUCH OTHER BUSINESS PURPOSES AS THE COMPANY MAY DESIRE FROM TIME
TO TIME, SPECIFICALLY INCLUDING, BUT NOT LIMITED TO, THE GRANTING OF
ACCESS TO THOSE FACILITIES FOR THE DELIVERY OF BROADBAND OVER POWER
LINES OR SIMILAR SERVICE WITHIN THE CITY OF BAYTOWN, TEXAS; AND
PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE DATE THEREOF
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Minutes of the Regular Session Meeting—September 14, 2006
City Manager’s Report.
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Mr. Jackson reminded Council about the Grito Fest which will take place on September 16
from 12 Noon to 8:30 PM at NC Foote Park and the Ribbon Cutting for the Grand Opening of
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the Goose Creek Steam Trail on September 16 from 10:00 AM to 12 Noon.
Adjourn.
Council Member Mahan moved to adjourn the meeting. Council Member Renteria seconded the
motion. The vote follows:
Ayes: Council Members Caskey, Capetillo, Mahan, Murray, Renteria and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
With no additional business the meeting adjourned at 9:05 p.m.
______________________________
Lorri Coody, City Clerk