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2007 01 11 CC Minutes MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN January 11, 2007 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on January 11, 2007, at 6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance: Brandon Capetillo Council Member Sammy Mahan Council Member Lynn Caskey Council Member Don Murray Council Member Mercedes Renteria III Council Member Scott Sheley 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 Council Member Mercedes Renteria III was not present when this meeting was called to order by Mayor DonCarlos with a quorum present. Consider approval of the minutes for the Work Session Meeting held on December 9, 2006 and the Regular Council Meeting and the Work Session Meeting held on December 14, 2006. Council Member Mahan moved to approve the minutes for the Work Session Meeting held on December 9, 2006 as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Council Member Capetillo moved to approve the minutes for the Work Session Meeting and the Regular Session Meeting held on December 14, 2006 as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: None The motion carried. Page 2 of 12 Minutes of the Regular Session Meeting— January 11, 2007 Recognition of the Youth of the Month. Mayor DonCarlos presented the Youth of the Month Award to Shikha Yadav. Shikha is a senior at Robert E. Lee High School. This year in AP Calculus, Statistics, Art History, European History, and Government, Shihka is one of the top students, making perfect scores on nearly every test. She has maintained all “A’s” throughout the years. She is the President of the Interact Club, Captain of the Varsity Tennis Team, Secretary of the Robotics Club, Section leader of the Orchestra, President of Mu Alpha Theta, member of Student Council, Good Sportsmanship League, National Honor Society, and Students against Drunk Driving, She also helps High School Aerospace Scholars at NASA recruit juniors to their summer intern program. Shikha volunteers with Special Olympics, Relay for Life, Toys for Tots and donated food and clothes to various shelters during Hurricane Rita and Katrina. Council Member Renteria joined the meeting at 6:37 p.m. Recognition of the Youth of the Year. Mayor DonCarlos presented the Youth of the Year Award to Keli Gentry. Keli is a 2006 graduate of Ross Sterling High School who excelled in the area of academics as a Distinguished Honor Roll AP Scholar with a 5.1 GPA. During the past four years, Keli has volunteered over 350 hours of community service by assisting with the Special Olympics, Alzheimer Walk, Relay for Life, UNICEF, Key Club, Cheerleading Camps, Kiwanis Apple Sales, Hurricane evacuee shelters, Ho Ho Ho Scavenger Hunt, Community Easter Egg Hunt and various other projects that benefit Baytown. To accompany her spirit of volunteerism, Keli maintained straight A’s throughout her entire 12 years of school and ranked #7 in her graduating class. She has been honored as a member of Who’s Who Among American High School Students for four years. She was a Ranger Leader, a member of the Good Sportsmanship League and Student Council, Head Cheerleader, Key Club Program Chair, President of Crime Stoppers, and a member of the National Honor Society. Keli also volunteered to decorate pillow cases for needy families, made Christmas cards for local nursing homes, assisted with elementary school carnivals and the sale of Hot Chocolate at the annual Christmas parade. Keli is currently attending Stephen F. Austin University, seeking a Bachelor’s Degree in Nursing. She is an outstanding product of the City of Baytown. Council Member Murray filed a conflict of interest affidavit and abstained from discussion and the vote on item #4 which follows: Consider Proposed Resolution No. 070111-1, accepting a $20,000 contribution from ExxonMobil for the enhancement of the City of Baytown recycling program. Mayor DonCarlos explained that the contribution is for the enhancement of the City of Baytown recycling program. He also stated that he hopes neighboring corporations will join to help expand the recycling program. Mayor Don Carlos accepted the contribution from ExxonMobil. Council thanked ExxonMobil for the contribution. Page 3 of 12 Minutes of the Regular Session Meeting— January 11, 2007 Council Member Mahan moved to approve the resolution as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None Abstain: Council Member Murray The motion carried. RESOLUTION NO. 1828 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A TWENTY THOUSAND AND NO/100 DOLLARS ($20,000.00) CONTRIBUTION FROM EXXON MOBIL CORPORATION FOR THE ENHANCEMENT OF THE CITY OF BAYTOWN’S RECYCLYING PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 070111-1, authorizing the closure of Center Street at Elvinta Street. City Manager Jackson explained that the proposed ordinance authorizes the closure of Center Street at Elvinta Street. City Manager Jackson gave a brief history explaining that the City of Baytown received complaints about traffic in the School Court Subdivision. As such, in accordance with the City’s Neighborhood Traffic Calming Policy (the “Policy”), the City and representatives from the neighborhood met to discuss the traffic concerns, a petition was filed and a traffic study was performed. Specifically, C. J. Henche & Associates completed a traffic study for Center Street between McKinney and Elvinta Street to determine whether the area of study qualified for consideration of implementing measures under the Policy. The traffic study, which included traffic speed and volume studies, concluded that traffic calming measures were warranted due to the cut through traffic. C. J. Henche & Associates, the traffic engineer, recommended that Center Street be closed at Elvinta Street in order to eliminate cut through traffic within the neighborhood. On December 13, 2006, the Planning and Zoning Commission found that the proposed street closure is consistent with the Policy and recommends the closure of Center Street at Elvinta Street. Public Works estimates the cost to close the street to be $2,683.40. Discussion was had regarding the number of homeowners that did not sign the petition. Mayor DonCarlos called Mr. Flewellen to explain about the homeowners who did not sign the petition. Mr. Flewellen also signed up to speak on this item. Porter Flewellen, 103 Center Street, Baytown, Texas (281-422-0075) – Mr. Flewellen explained that many of the homes were vacant. He also pointed out that although these homeowners did not sign the petition, this does not mean that they are opposed to the street closure. Page 4 of 12 Minutes of the Regular Session Meeting— January 11, 2007 Council engaged in discussion about the granting of this request possibly setting a precedent for arbitrary street closures in the future. Mr. Jackson explained that the closure of a dedicated public road is the most extreme traffic calming measure which is why the Traffic Calming Policy’s process is not an easy one. In this case, each step of the policy has been followed and met and the proposed street closure is consistent with the policy. Mr. Jackson briefly summarized the process taken as follows:  Mr. Flewellen brought the request to Council. (Council urged staff to be expeditious in reviewing the process).  The original petition filed was not in compliance with the policy’s petition. The applicants resubmitted a new application to close the road as the plan requested.  Study was completed.  The study’s conclusion warranted closure of the road. Discussion was had regarding alternatives to the closure. Mr. Bob Leiper, Deputy City Manager explained that the study would have identified alternatives such as speed bumps and stop signs if they were needed or would have resolved the problem. Mr. Flewellen thanked Council and encouraged other residents to follow through with the Traffic Calming Policy with good intentions and good reason to do so. Council Member Caskey moved to approve the ordinance as submitted. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,516 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CLOSURE OF CENTER STREET AT ELVINTA STREET; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Mayor DonCarlos recognized students from the local schools. Consider Proposed Ordinance No. 070111-2, authorizing interlocal agreements with Goose Creek Consolidated Independent School District for (i) limited inspection services for the new high school located at the intersection of North Main Street and Wallisville Road, (ii) the off-site sanitary sewer construction project concerning the new high school, and (iii) inspection services for Crockett Elementary School. City Manager Jackson explained that the proposed ordinance authorizes interlocal agreements with Goose Creek Consolidated Independent School District for (i) limited inspection services Page 5 of 12 Minutes of the Regular Session Meeting— January 11, 2007 for the new high school located at the intersection of North Main Street and Wallisville Road and item (iii) inspection services for Crockett Elementary School. Mr. Jackson stated that item (ii) was not ready. Mr. Jackson explained that Crockett Elementary School on Barkaloo Road is being renovated and expanded. The District is requesting a contract with the City to allow the Building Services Department to perform plan review, issue building permits and conduct inspections. The District will pay the applicable permit and inspections fees for these services. He also explained that the third high school is being constructed at Wallisville Road and North Main Street. It is anticipated that this facility will be annexed into the City prior to completion. To facilitate a smooth transition from an ETJ project to an in-city project, the District has requested a contract to allow the Building Services Department to work with District’s third- party inspection agency for the issuance of a City building permit and to provide limited inspection services. These inspection services will include all final inspections and the issuance of a Certificate of Occupancy. Upon completion of annexation, this permit and process will transition without change or additional fees. Because of the limited scope of the services provided by the City, the permit and inspection fees are set at $42,056. Council Member Mahan moved to approve the ordinance as amended, authorizing interlocal agreements with Goose Creek Consolidated Independent School District for items (i) and (iii) and excluding item ii. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,517 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING INTERLOCAL AGREEMENTS WITH THE GOOSE CREEK CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR LIMITED INSPECTION SERVICES CONCERNING THE NEW HIGH SCHOOL LOCATED AT THE INTERSECTION OF NORTH MAIN STREET AND WALLISVILLE ROAD AND FOR INSPECTION SERVICES CONCERNING CROCKETT ELEMENTARY SCHOOL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 070111-3, awarding the housing rehabilitation project located at 320 W. Republic St. to MLG Construction Company. City Manager Jackson explained that proposed ordinance awards the housing rehabilitation project located at 320 W. Republic St. to MLG Construction Company in the amount of $51,999 for a three bedroom, one bath home. The project and its occupants have been approved to participate in the Housing Rehabilitation Program. The existing 1200 square foot home has three bedrooms and was built in 1948, making it 59 years old. Reconstruction is recommended because the house requires extensive rehabilitation work to bring it into current code compliance. Page 6 of 12 Minutes of the Regular Session Meeting— January 11, 2007 The rehabilitation work write-up estimate was in excess of $30,184. Four bid packages were picked up and four contractors attended the mandatory pre-bid meeting conference. Three sealed bids were returned. The maximum expenditure for reconstruction of a three-bedroom home under this program is $53,600. City Manager Jackson stated he recommends approval. Council Member Renteria moved to approve the ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,518 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 07-02 TO MLG CONSTRUCTION COMPANY FOR THE SUM OF FIFTY- ONE THOUSAND NINE HUNDRED NINETY-NINE AND NO/100 DOLLARS ($51,999.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 070111-4, awarding the housing rehabilitation project located at 201 E. Murrill to MLG Construction Company. City Manager Jackson explained that proposed ordinance awards the housing rehabilitation project located at 201 E. Murrill to MLG Construction Company in the amount of $45,399 for a two bedroom, one bath home. The project and its occupants have been approved to participate in the Housing Rehabilitation Program. The existing 1000 square foot home has two bedrooms and was built in 1945, making it 62 years old. Reconstruction is recommended because the house requires extensive rehabilitation work to bring it into current code compliance. The rehabilitation work write-up estimate was in excess of $30,000. Four bid packages were picked up and four contractors attended the mandatory pre-bid meeting conference. Three sealed bids were returned. The maximum expenditure for reconstruction of a two-bedroom home under this program is $47,000. City Manager Jackson stated he recommends approval. Council Member Capetillo moved to approve the ordinance as submitted. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. Page 7 of 12 Minutes of the Regular Session Meeting— January 11, 2007 ORDINANCE NO. 10,519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AWARDING THE CONTRACT FOR COMMUNITY DEVELOPMENT REHABILITATION PROJECT NO. 07-01 TO MLG CONSTRUCTION COMPANY FOR THE SUM OF FORTY- FIVE THOUSAND THREE HUNDRED NINETY-NINE AND NO/100 DOLLARS ($45,399.00); AUTHORIZING PAYMENT THEREOF; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 070111-5, authorizing the City Manager to negotiate th and execute an agreement with Bayshore Fine Rides, Inc., for its 19 Annual Car Show thst and Cruise on Texas Avenue to be held on April 20 and 21, 2007; granting a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance for such event; and exempting such event from the application of the City’s Peddlers and Solicitors Ordinance. City Manager Jackson explained that the proposed ordinance authorizes the City Manager to th negotiate and execute an agreement with Bayshore Fine Rides, Inc., for its 19 Annual Car Show thst and Cruise on Texas Avenue to be held on April 20 and 21, 2007; grants a variance to the distance requirements contained in the Live Outdoor Exhibition Ordinance for such event; and exempts such event from the application of the City’s Peddlers and Solicitors Ordinance. Mr. Jackson also explained the City of Baytown received a request for funding from Bayshore th Fine Rides, Inc. for its 19 Annual Car Show and Cruise on Texas Avenue to be held April 20, 2007, from 6:00 p.m. to 10:00 p.m. and April 21, 2007, from 9:00 a.m. to 5:00 p.m., between Felton and Commerce Streets. The proposed ordinance grants such request and authorizes the City Manager to negotiate an agreement for funding up to $10,000 of hotel occupancy tax revenues. This agreement would be similar to those executed with other organizations in accordance with State law governing the use of Hotel Occupancy Tax funds. Additionally Mr. Jackson explained that the proposed ordinance grants to Bayshore Fine Rides, Inc., a variance to Section 42-286(e) of the Code of Ordinances pertaining to the distance requirements for live outdoor exhibitions and to Chapter 74 of the Code of Ordinances pertaining to peddlers and solicitors. The live outdoor exhibition ordinance regulations prohibit any live outdoor exhibition activity within 500 feet from property used as a residence, school, hospital or church. Because this event will be within the prohibited distance of residences, a variance from Section 42-286(e) is necessary for the event to occur on Texas Avenue. The outdoor vendor ordinance requires permitting, bonding, and insurance from each merchant selling goods or services at the event. A variance from Chapter 74 of the Code of Ordinances is necessary in order to exempt such merchants from complying with such requirements. Granting the variances contained in the proposed resolution is consistent with the action Council took with respect to the th 18 Annual Fine Rides Show on Texas Avenue and Christmas on Texas Avenue. Mr. Dale Hughes, President of Bayshore Fine Rides addressed Council and gave an overview of th the organization explaining the philosophy, goals, and objective of the 19 Annual Car Show and Cruise to be held on Texas Avenue. He stated that all vendors will be required to provide insurance. Mr. Hughes also stated the Texas Avenue location received positive feed back last year and he feels the event will showcase the Baytown Downtown District. Page 8 of 12 Minutes of the Regular Session Meeting— January 11, 2007 Discussion was had regarding how the hotel occupancy tax funds will be used. Mr. Hughes explained that the funds will be used towards advertising and entertainment in hopes to attract more visitors. Discussion was had regarding the route of the cruise and the need for traffic control. Council Member Mahan moved to approve the ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. ORDINANCE NO. 10,520 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE AN TH AGREEMENT WITH BAYSHORE FINE RIDES, INC., FOR ITS 19 ANNUAL CAR SHOW AND CRUISE ON TEXAS AVENUE TO BE HELD ON APRIL 20, 2007 AND APRIL 21, 2007; AUTHORIZING PAYMENT OF HOTEL OCCUPANCY TAX REVENUES IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND NO/100 DOLLARS ($10,000.00); GRANTING A VARIANCE TO CHAPTER 42 “HEALTH AND SANITATION,” ARTICLE V “LIVE OUTDOOR EXHIBITIONS,” SECTION 42-286 “PERMIT REQUIRED” OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, TO WAIVE THE DISTANCE TH REQUIREMENT FOR BAYSHORE FINE RIDES, INC.’S 19 ANNUAL CAR SHOW AND CRUISE ON TEXAS AVENUE CONTINGENT UPON THE FILING OF THE REQUISITE APPLICATION; GRANTING A VARIANCE TO EXEMPT BAYSHORE FINE RIDES, TH INC.’S 19 ANNUAL CAR SHOW AND CRUISE ON TEXAS AVENUE FROM THE PROVISIONS OF CHAPTER 74 “PEDDLERS AND SOLICITORS” OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, CONTINGENT UPON THE FILING OF AN APPLICATION AND RECEIVING A PERMIT FOR A LIVE OUTDOOR EXHIBITION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Recess into and conduct an executive session pursuant to Government Code, Section 551.071, to seek the advice of the City’s attorneys regarding contemplated litigation arising out of the design and construction of the Emergency Operations Center and regarding Keith Lowell, et al., v. City of Baytown, Texas; Cause No. 2001-62439, which is the suit filed by the fire fighters regarding longevity pay. Mayor DonCarlos announced at 7:22 p.m. that Council would recess into a closed session under Sub Chapter D Government Code 551.071, attorney consultation. Mayor DonCarlos re-convened the regular meeting at 8:40 p.m. and announced that no action was taken in the executive session. Consider Proposed Ordinance No. 070111-6, continuing the engagement of Bettye Lynn of Lynn Pham Moore & Ross, P.C., for legal services in connection with the appeal of lawsuit pertaining to firefighter longevity pay. Page 9 of 12 Minutes of the Regular Session Meeting— January 11, 2007 City Manager Jackson explained that the proposed ordinance continues the engagement of Bettye Lynn of Lynn Pham Moore & Ross, P.C., for the performance of legal services in connection with Cause No. 2001-624939; Keith Lowell, et al. v. City of Baytown, the lawsuit filed on behalf of certain firefighters against the City of Baytown regarding firefighter longevity pay. Council engaged in a discussion over whether or not legal services for the lawsuit should be outsourced or if City Attorney, Ignacio Ramirez should be responsible for this work. During the discussion it was pointed out that this particular case called for an attorney with extensive experience in handling labor disputes and therefore should be outsourced. Council Member Murray moved to approve the ordinance as submitted. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey and Sheley Mayor DonCarlos Nays: Council Member Renteria The motion carried. ORDINANCE NO. 10,521 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CONTINUING THE ENGAGEMENT OF BETTYE LYNN OF LYNN PHAM MOORE & ROSS, P.C., FOR THE PERFORMANCE OF LEGAL SERVICES IN CONNECTION WITH THE LAWSUIT FILED ON BEHALF OF CERTAIN FIREFIGHTERS AGAINST THE CITY OF BAYTOWN REGARDING FIREFIGHTER LONGEVITY PAY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Discuss and take appropriate action on the selection of streets for Work Order Five in the Street Maintenance Sales Tax Mill and Overlay Program. City Manager Jackson explained that each member of Council has reviewed in detail proposed streets in each district with Mr. Bob Leiper, Deputy City Manager. Discussion was had about the contract with Angel Brothers Inc. Mr. Leiper explained that the City will need to execute the second and final renewal of Angel Brothers Inc. street rehabilitation contract after Work Order #5 is completed. He also explained that once the second renewal has been completed, it will be necessary to solicit new bids for this annual contract. Discussion also was had about when Work Order #5 is expected to begin. Mr. Leiper explained that the notice to proceed will be issued once the ordinance has been signed. He also explained that there will be a construction meeting to agree on base areas which will take approximately one to two weeks and at that time the contractor will start scheduling the work. Discussion was also had regarding the process for selecting streets for Work Order #6. Council Member Sheley moved to approve the selection of streets for Work Order Five in the Street Maintenance Sales Tax Mill and Overlay Program as presented. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Page 10 of 12 Minutes of the Regular Session Meeting— January 11, 2007 Nays: None The motion carried. Consent Agenda a. Consider Proposed Ordinance No. 070111-7, approving the annual contract for liquid sodium hydroxide for the Baytown Area Water Authority. b. Consider Proposed Ordinance No. 070111-8, awarding the bid for the annual brass fittings. c. Consider Proposed Ordinance No. 070111-9, awarding the bid for the annual cement stabilized sand contract. d. Consider Proposed Ordinance No. 070111-10, authorizing the purchase of a hazardous materials gas detection system from RAE Systems, Inc., the sole source, for utilizing Hazardous Materials Program funds. e. Consider Proposed Ordinance No. 070111-11, authorizing an Industrial District Agreement with Texas Brine Company Baytown, LLC. f. Consider Proposed Resolution No. 070111-2, authorizing the City Manager to submit the annual FY 2007 Emergency Management Performance Grant renewal application. g. Consider Proposed Resolution No. 070111-3, approving the Preliminary Official Statement for the City of Baytown’s Certificates of Obligation, Series 2007 and approving the paying agent/registrar. Council Member Sheley moved to approve the ordinance as submitted. Council Member Caskey seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Caskey, Renteria and Sheley Mayor DonCarlos Nays: None The motion carried. RDINANCE NO. 10,522 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE ANNUAL CONTRACT FOR LIQUID SODIUM HYDROXIDE BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND ALTIVIA CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,523 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF FERGUSON WATERWORKS, INC., FOR THE ANNUAL BRASS FITTINGS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF Page 11 of 12 Minutes of the Regular Session Meeting— January 11, 2007 BAYTOWN, THE SUM OF FORTY-EIGHT THOUSAND ONE HUNDRED FIFTY-FOUR AND NO/100 DOLLARS ($48,154.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,524 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF MEGASAND ENTERPRISES, INC., FOR THE ANNUAL CEMENT STABILIZED SAND CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED SIXTY-EIGHT THOUSAND NINE HUNDRED SEVENTY AND NO/100 DOLLARS ($168,970.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,525 AN ORDINANCE AUTHORIZING THE PAYMENT OF THE SUM OF THIRTY-FIVE THOUSAND FOUR HUNDRED EIGHTY AND NO/100 DOLLARS ($35,480.00) TO RAE SYSTEMS, INC., AS THE SOLE SOURCE FOR A HAZARDOUS MATERIALS GAS DETECTION SYSTEM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 10,526 AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT AGREEMENT WITH TEXAS BRINE COMPANY BAYTOWN, LLC; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1829 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE OFFICE OF THE GOVERNOR, DIVISION OF EMERGENCY MANAGEMENT, FOR FISCAL YEAR 2007 EMERGENCY MANAGEMENT PERFORMANCE GRANT TO ENHANCE THE CITY OF BAYTOWN’S READINESS AND RESPONSE CAPABILITIES; 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. RESOLUTION NO. 1830 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING THE PRELIMINARY OFFICIAL STATEMENT FOR SALE OF CITY OF BAYTOWN, TEXAS CERTIFICATES OF OBLIGATION, SERIES 2007; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 12 Minutes of the Regular Session Meeting— January 11, 2007 Consider appointment to the Community Development Advisory Committee (1). This item was not ready for consideration. Consider appointment to the Board of Adjustments (Zoning) (1). This item was not ready for consideration. Consider appointment to the Tow Truck Committee (1). This item was not ready for consideration. City Manager’s Report.  City of Baytown will be closed for Martin Luther King Holiday January 15, 2007.  Computer servers are scheduled to be moved this weekend which will interrupt the Channel 16 broadcast and the City’s website. Adjourn. Council Member Caskey moved to adjourn the meeting. Council Member Capetillo seconded the motion. The vote follows: Ayes: Council Members Capetillo, Murray, Mahan, Renteria, Sheley and Caskey Mayor DonCarlos Nays: None The motion carried. With no additional business the meeting adjourned at 8:57 p.m. ______________________________ Lorri Coody, City Clerk