2007 05 22 CC Minutes, Special
MINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 22, 2007 - 6:30 p.m.
The City Council of the City of Baytown, Texas, met in special session on May 22, 2007, at
6:30 p.m. in the Council Chamber of the City of Baytown with the following in attendance:
Brandon Capetillo Council Member
Scott Sheley Council Member
Sammy Mahan Council Member
Don Murray Council Member
Stephen H. DonCarlos Mayor
Robert D. Leiper Interim City Manager
Ignacio Ramirez City Attorney
Lorri Coody City Clerk
Council Members Renteria and Caskey were absent.
Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum of Council present.
MINUTES
Consider approval of the minutes for the Special Work Session Meeting held on May 1,
2007 and the Regular Council Meeting and the Work Session Meeting held on May 10,
2007.
Council Member Sheley moved to approve the minutes as submitted. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
CITIZENS COMMUNICATIONS AND RECOGNITIONS
Ms. Amy Smith has requested to address Council concerning the customer service
provided by some of the City's employees.
Ms. Smith addressed Council about a letter she had received concerning the need for removal of
a vehicle from her driveway. Upon receiving the letter, she removed the vehicle and called the
City to inform them of the removal. Since she did not get to speak with the person in charge of
vehicle removals, she left a message. She told Council that when she did not receive a call back
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Minutes of the Special Session Meeting— May 22, 2007
after some three days, she called back and finally got to speak with someone. She explained to
Council that she felt like she did not get very good customer service. She stated she believes the
City spends a good sum of money on studies and needless items yet she cannot get the service
she needs when she needs it. She feels City government is a monopoly. She told Council she
wants the services she pays for and deserves. She wants Council to review the performance of
City employees to insure they are providing good customer service and she wants Council to
insure that the City is being run like a business. Mayor DonCarlos thanked her for coming and
called the next item on the agenda as follows:
Mr. Porter Flewellen has requested to address Council regarding the environmental
stewardship of young students.
Mr. Flewellen gave a presentation concerning litter and waste and the affects of same on
Baytown’s environment. He told Council that he believes educating our youth and providing
incentives to learn and promote the importance of our environment are essential in addressing the
litter problem in Baytown. He told Council that education promotes strong family values.
Adding educational programs in the schools about litter provides the opportunity for the children
to become teachers and share information with their parents in order that they become more
aware of the problems with our environment. The students are Baytown’s future. This concept
is a change that can alter the path of Baytown’s future. The fast track ways of solving the litter
problem in Baytown that were mentioned in the paper will not work. A band aid is not the
answer. The answer to the litter problem in Baytown is involvement, education, and reward.
Recognition of City of Baytown from Relay for Life
A presentation was made to Mayor DonCarlos by Relay for Life, which recognized the City of
Baytown for its support of this program.
Recognition of the Lee College Tennis Team
This item was not ready.
Presentation of the Youth of the Month Award
Mayor DonCarlos made the presentation to Joshua Jagnanan who is a senior at Ross Sterling
High School and has excelled in the area of academics by ranking in the top five of his
graduating class. Joshua has received honors as a National Honor Roll student, Who’s Who
Among American High School Students and the President’s Education Award for making all A’s
during his high school career.
Joshua volunteers countless hours by assisting at St. James Nursing Home, Relay for Life,
Christmas Toy Drive, Baytown Halloween Carnival, Baytown Special Rodeo, Special Olympics
and the Ho Ho Ho Scavenger Hunt. He is the Senior Representative for the American Red Cross
Club, Good Sportsmanship League, Student Council, President of Fellowship Christian Athletes,
Ranger Leader, Texas Boys State Delegate and the recipient of the Hugh O’Brian Youth
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Minutes of the Special Session Meeting— May 22, 2007
Leadership Award. As President of the Key Club, Joshua has been the driving force behind the
increase in membership and service projects. For this reason he was recently named the “Leader
of Leaders” by the Texas Oklahoma District. He actively participates in the Psychology Club, the
UIL Calculator Team, Mathematics Team, Science Team and the Christian Student Union.
Joshua is also the Captain of the Ross Sterling Varsity Tennis Team where he and his double’s
partner Ryan Woods were the District Champions and qualified for the Regional Tennis
Tournament.
Joshua is an asset to Sterling High School and the entire City of Baytown. Today we honor him
for his outstanding achievements and thank him for his desire to serve and give back to this
community. We congratulate him and wish him the very best in his future endeavors.
Canvass the returns of the City of Baytown’s regular and special election held on May 12,
2007.
Interim City Manager Leiper explained that pursuant to Chapter 67 of the Election Code, the
“canvass” is the name given to the official examination of the votes cast in an election. Every
general and special election held in Texas must be canvassed, per Sections 67.001-67.002 of the
Election Code. The law imposes an unavoidable duty on political subdivisions to canvass
elections in an official meeting in order to formally accept the results of an election.
Pursuant to Section 67.002 of the Election Code requiring the canvass of precinct returns, the
City Council conducted the official canvass. The results were as follows:
Councilmember, District 1
Lena Yepez 267
Mercedes Renteria III 265
Total 532
Councilmember, District 2
Scott Sheley 245
Councilmember, District 3
Brandon Capetillo 722
Proposition 1
For 2258
Against 3164
Total 5422
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Minutes of the Special Session Meeting— May 22, 2007
Consider Proposed Resolution declaring the results of the regular election subject to the
recount.
Interim City Manager Leiper explained that the Proposed Resolution declares the results of the
regular election subject to the recount.
Council Member Murray moved to approve the Resolution as presented, declaring the results of
the regular election. Council Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1856
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DECLARING THE RESULTS OF THE REGULAR ELECTION HELD WITHIN THE
CORPORATE LIMITS OF THE CITY OF BAYTOWN, TEXAS, ON THE 12™ DAY OF
MAY, 2007, FOR THE PURPOSE OF ELECTING THREE COUNCILMEMBERS FROM
DISTRICT NOS. ONE, TWO AND THREE; FINDING THAT NOTICE OF SAID ELECTION
WAS PROPERLY HELD AND THE RETURNS THEREOF MADE BY THE PROPER
OFFICIALS IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance declaring the results of the special election, which submitted
to the electors a proposed initiative ordinance which reinstates the previous smoking
ordinance which was in effect on November 6, 2006, and which, in part, (i) allows certain
establishments, including restaurants, to establish designated smoking areas; provided that
a separate ventilation system is installed that prevents the commingling of air and (ii)
allows smoking in bars that do not contain a dining area.
Interim City Manager Leiper explained that the Proposed Ordinance declares the results of the
special election, which submitted to the electors a proposed initiative ordinance which reinstates
the previous smoking ordinance which was in effect on November 6, 2006, and which, in part, (i)
allows certain establishments, including restaurants, to establish designated smoking areas;
provided that a separate ventilation system is installed that prevents the commingling of air and
(ii) allows smoking in bars that do not contain a dining area. This declaration is required
pursuant to Section 96 of the Charter and is consistent with Ordinance No. 10,561, calling the
special election.
Council Member Murray moved to approve the Ordinance as presented, declaring the results of
the special election. Council Member Capetillo seconded the motion. The vote follows:
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Minutes of the Special Session Meeting— May 22, 2007
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,606
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
DECLARING THE INITIATIVE ORDINANCE, WHICH REPEALS THE CURRENT
SMOKING ORDINANCE AND ADOPTS A NEW CHAPTER 42 "HEALTH AND
SANITATION," ARTICLE III "SMOKING" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, THAT REINSTATES THE PREVIOUS SMOKING ORDINANCE DEFEATED;
FINDING THAT NOTICE OF SAID ELECTION WAS PROPERLY HELD AND THE
RETURNS THEREOF MADE BY THE PROPER OFFICIALS IN ACCORDANCE WITH
THE LAWS OF THE STATE OF TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Administer Oaths of Office to the newly elected Council Members for District Two and
District Three.
Mayor DonCarlos invited Council Members Sheley and Capetillo to come forward. He then
introduced the Honorable Judge Tony Polumbo. Judge Polumbo administered the Oaths of
Office to the newly elected Council Members for District Two and Three.
BUSINESS ITEMS
Consider Proposed Ordinance approving the Baytown 2025 Comprehensive Plan.
Interim City Manager Leiper explained that the Proposed Ordinance approves the Baytown 2025
Comprehensive Plan. The Baytown 2025 Comprehensive Plan is an update to the Baytown 2020
Comprehensive Plan. On December 14, 2006 Wilbur Smith Associates presented a draft of the
Baytown 2025 Comprehensive Plan (Comprehensive Plan Update) to the City Council. Since the
presentation, the Planning Department, along with the Planning and Zoning Commission,
held three public meetings to receive input from the public regarding the Comprehensive Plan
Update, which is an official document that acts as a general guide for how the City should grow
and operate over the next 20 years.
Mr. Leiper explained that since the recent public hearing, there has been some discussion about
the land along Cedar Bayou and he wanted to clarify that the land along Cedar Bayou will be for
development and not parks.
Council Member Mahan moved to approve the Ordinance. Council Member Sheley seconded
the motion. The vote follows:
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Minutes of the Special Session Meeting— May 22, 2007
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,607
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADOPTING A COMPREHENSIVE PLAN FOR THE CITY OF BAYTOWN; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance, is for the second reading of the Ordinance annexing
property currently within the extra-territorial jurisdiction of the City of Baytown and
being described as a 10.8162 acre tract of land being out of Lot 5 of the subdivision on the
George Ellis Survey, Abstract No. 21 in Harris County, Texas and being a part of that
certain called 20.971 acre tract described in Deed recorded in Clerk’s File No. L330578
Deed Records of Harris County, Texas.
Interim City Manager Leiper explained that the Proposed Ordinance, is for the second reading of
the Ordinance annexing property currently within the extra-territorial jurisdiction of the City of
Baytown and being described as a 10.8162 acre tract of land being out of Lot 5 of the
subdivision on the George Ellis Survey, Abstract No. 21 in Harris County, Texas and being a
part of that certain called 20.971 acre tract described in Deed recorded in Clerk’s File No.
L330578 Deed Records of Harris County, Texas. This 10.8162 acre tract of land is contiguous to
the city limits of Baytown; is vacant and without residents and will be used as follows:
20,000 SQ FT of Retail Center
20,000 SQ Ft of Office Plaza and
200 Rooms Motel
The property is located near the intersection of I-10 and Garth Road. City Council conducted the
first and second public hearings for this annexation on the 8th day of March, 2007 with said
notice being published in the February 26, 2007 issue of the Baytown Sun and posted on the City
of Baytown’s website on February 26, 2007.
Council Member Mahan moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Special Session Meeting— May 22, 2007
ORDINANCE NO. 10,581
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 10.8162 ACRE TRACT OF
LAND BEING OUT OF LOT 5 OF THE SUBDIVISION OF THE GEORGE ELLIS SURVEY,
ABSTRACT NO. 21 IN HARRIS COUNTY, TEXAS, AND BEING A PART OF THAT
CERTAIN CALLED 20.971 ACRE TRACT DESCRIBED IN DEED RECORDED UNDER
CLERK'S FILE NO. L330578 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS;
WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance placing the property annexed into the City of Baytown in
the previous agenda item and being described as a 10.8162 acre tract of land being out of
Lot 5 of the subdivision on the George Ellis Survey, Abstract No. 21 in Harris County,
Texas and being a part of that certain called 20.971 acre tract described in Deed recorded
in Clerk’s File No. L330578 Deed Records of Harris County, Texas in Council District 4.
Interim City Manager Leiper explained that the Proposed Ordinance places the property annexed
into the City of Baytown in the previous agenda item and being described as a 10.8162 acre tract
of land being out of Lot 5 of the subdivision on the George Ellis Survey, Abstract No. 21 in
Harris County, Texas and being a part of that certain called 20.971 acre tract described in Deed
recorded in Clerk’s File No. L330578 Deed Records of Harris County, Texas in Council District
4.
Council Member Capetillo moved to approve the Ordinance as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,608
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING A 10.8162 ACRE TRACT OF LAND BEING OUT OF LOT 5 OF THE
SUBDIVISION OF THE GEORGE ELLIS SURVEY, ABSTRACT NO. 21 IN HARRIS
COUNTY, TEXAS, AND BEING A PART OF THAT CERTAIN CALLED 20.971 ACRE
TRACT DESCRIBED IN DEED RECORDED UNDER CLERK'S FILE NO. L330578 OF THE
DEED RECORDS OF HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
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Minutes of the Special Session Meeting— May 22, 2007
Consider Proposed Ordinance amending Chapter 110 “Floods,” Article II “Flood Damage
Prevention,” Division 1 “Generally,” Section 110-27 “Statutory authorization” and Section
110-32 “Basis for establishing areas of special flood hazard”; and Division 3 “Flood Hazard
Reduction,” Section 110-101 “General standards” and Section 110-102 “Specific
standards” of the Code of Ordinances, City of Baytown, Texas, to comply with FEMA’s
directive for municipalities in Harris County to adopt the new floodplain maps.
Interim City Manager Leiper explained that the Proposed Ordinance amends Chapter 110
“Floods,” Article II “Flood Damage Prevention,” Division 1 “Generally,” Section 110-27
“Statutory authorization” and Section 110-32 “Basis for establishing areas of special flood
hazard”; and Division 3 “Flood hazard Reduction,” Section 110-101 “General standards” and
Section 110-102 “Specific standards” of the Code of Ordinances, City of Baytown, Texas, to
comply with FEMA’s directive to provide Floodplain Management Statutory Authority language
and adoption of the recent Flood Insurance Study data otherwise known as the new floodplain
maps. Additionally, implement provisions to assure no adverse impact on the 100 year water
surface elevation when constructing in the 100 year floodplain and provide consistency with
provision of finished floor elevations stated in other construction related ordinances. The FEMA
directive is necessary for continued participation in the National Flood Insurance Program.
These maps changes become effective on June 18, 2007. A property owner can obtain flood
insurance at the current rating/classification if it is obtained prior to that date. The flood
insurance will remain at that rating/classification if it is maintained in effect continuously,
including when transferred to new ownership.
With limited discussion, Council Member Capetillo moved to approve the Ordinance as
submitted. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,609
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING CHAPTER 110 "FLOODS," ARTICLE II "FLOOD DAMAGE PREVENTION,"
DIVISION 1 "GENERALLY," SECTION 110-27 "STATUTORY AUTHORIZATION" AND
SECTION 110-32 "BASIS FOR ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD";
AND DIVISION 3 "FLOOD HAZARD REDUCTION," SECTION 110-101 "GENERAL
STANDARDS" AND SECTION 110-102 "SPECIFIC STANDARDS" OF THE CODE OF
ORDINANCES, CITY OF BAYTOWN, TEXAS; CONTAINING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
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Minutes of the Special Session Meeting— May 22, 2007
HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND THE EFFECTIVE DATE THEREOF.
The next two items were considered together.
Consider Proposed Ordinance authorizing a Water Supply Agreement with Chambers
County Improvement District No. 1.
Interim City Manager Leiper explained that the Proposed Ordinance authorizes a Water Supply
Agreement with Chambers County Improvement District No. 1 (the “District”). The proposed
agreement is for a term of 25 years during which the City of Baytown will supply water to the
District in an amount not exceeding 500,000 gallons per day average daily flow. Pursuant to the
agreement, the District will be subject to impact fees as well as to the monthly service charge, as
established by the City Council for properties within the City. The District shall be required to
build its system in accordance with the City’s specifications and the City has the right to inspect
the system both during and after construction. The District has the obligation to maintain its
system at all times. The proposed agreement is similar to agreements that the City has entered
into with municipal utility districts for water services.
Consider Proposed Ordinance authorizing an interlocal agreement for the transfer of
water distribution and sanitary sewer collection lines with Chambers County Improvement
District No. 1.
Interim City Manager Leiper explained that the Proposed Ordinance authorizes an interlocal
agreement for the transfer of water distribution and sanitary sewer collection lines with
Chambers County Improvement District No. 1. U. S. Steel Corporation or a related entity
constructed certain water distribution lines and appurtenances and sanitary sewer collection lines
and appurtenances (the “Facilities”), which are connected to and incorporated in the City's water
and sanitary sewer system for the purpose of providing service to customers within the Chambers
County Improvement District No. 1 (the “District”) and Cedar Crossing Industrial Park. The
District desires to acquire the Facilities and assume the obligation to provide water and sewer
service to all customers within the boundaries of the District. The proposed agreement transfers
the Facilities to the District by quitclaim and in exchange imposes the following obligations on
the District:
1. To construct in accordance with City specifications a wastewater treatment plant at a
site approved by the City;
commencement date of construction: August 1, 2007
completion date of construction: April 1, 2009
2. To construct in accordance with City specifications a water repressurization station on
the site and install a backflow prevention system, master meter and vault;
commencement date of construction: August 1, 2007
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Minutes of the Special Session Meeting— May 22, 2007
completion date of construction: April 1, 2009
3. To pay the City $98,920.00; and
4. To allow the City at no cost to use the Facilities transferred to provide water and sewer
service to any area that the City may annex within the District or to provide service to
any area that the City may annex within the District.
This item was discussed with City Council at the February 22, 2007 work session.
Council Member Mahan moved to approve both Ordinances as submitted. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,610
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A WATER SUPPLY AGREEMENT WITH CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO. 1; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 10,611
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN INTERLOCAL AGREEMENT WITH CHAMBERS COUNTY
IMPROVEMENT DISTRICT NO. 1 FOR THE TRANSFER OF WATER DISTRIBUTION
AND SANITARY SEWER COLLECTION LINES; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Resolution granting the petition of Richard J. Thomson, Jr., concerning
the annexation of a 6.7-acre tract of land out of Block 140 of Elena Fruit and Cotton
Farms, Unit D, an Addition in Harris County Texas, according to the map or plat thereof
recorded in Volume 7, Page 48 of the Map records of Harris County Texas.
Interim City Manager Leiper explained that the Proposed Resolution grants the petition of
Richard J. Thomson, Jr., concerning the annexation of a 6.7-acre tract of land out of Block 140
of Elena Fruit and Cotton Farms, Unit D, an Addition in Harris County Texas, according to the
map or plat thereof recorded in Volume 7, Page 48 of the Map records of Harris County Texas.
This 6.7-acre tract of land is contiguous to the city limits of Baytown, is currently vacant and
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Minutes of the Special Session Meeting— May 22, 2007
without residents and will be developed as commercial property. The property is located to the
north of Lynchburg Cedar Bayou between Garth Road and Sheppard.
Council Member Capetillo moved to approve the Resolution as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1857
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING THE PETITION OF RICHARD J. THOMSON, JR., CONCERNING THE
ANNEXATION OF A 6.7-ACRE TRACT OF LAND OUT OF BLOCK 140 OF ELENA
FRUIT AND COTTON FARMS, UNIT D, AN ADDITION IN HARRIS COUNTY TEXAS,
ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 7, PAGE 48
OF THE MAP RECORDS OF HARRIS COUNTY TEXAS; AUTHORIZING THE
PREPARATION OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Resolution granting the petition of Globehealth Properties, LP,
concerning the annexation of an 11.5093-acre tract of land situated in the T. Ristergen
Survey, Abstract 1425, Harris County, Texas, and being out of and a part of that certain
called 15.095 acre tract of land conveyed by L.D. Wilburn and Theo Wilburn to Jess W.
Maybin and May D. Maybin by Deed dated August 21, 1951, and recorded in Volume 2330
at Page 380 of the Deed Records of Harris County, Texas, and out of and a part of that
certain called 15.095 acre tract conveyed by L.D. Wilburn and Theo Wilburn to Jess W.
Maybin and May D. Maybin by Deed dated May 7, 1948, and recorded in Volume 1769 at
Page 264 of the Deed Records of Harris County, Texas.
Interim City Manager Leiper explained that the Proposed Resolution grants the petition of
Globehealth Properties, LP, concerning the annexation of an 11.5093 acre tract of land situated
in the T. Ristergen Survey, Abstract 1425, Harris County, Texas, and being out of and a part of
that certain called 15.095 acre tract of land conveyed by L.D. Wilburn and Theo Wilburn to Jess
W. Maybin and May D. Maybin by Deed dated August 21, 1951, and recorded in Volume 2330
at Page 380 of the Deed Records of Harris County, Texas, and out of and a part of that certain
called 15.095 acre tract conveyed by L.D. Wilburn and Theo Wilburn to Jess W. Maybin and
May D. Maybin by Deed dated May 7, 1948, and recorded in Volume 1769 at Page 264 of the
Deed Records of Harris County, Texas. This 11.5093 acre tract of land is contiguous to the city
limits of Baytown, is currently vacant and without residents, and will be developed as
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Minutes of the Special Session Meeting— May 22, 2007
commercial property. The property is located to the north of Lynchburg Cedar Bayou between
Garth Road and Sheppard.
Council Member Capetillo moved to approve the Resolution as submitted. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1858
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING THE PETITION OF GLOBEHEALTH PROPERTIES, LP, CONCERNING THE
ANNEXATION OF AN 11.5093-ACRE TRACT OF LAND SITUATED IN THE T.
RISTERGEN SURVEY, ABSTRACT 1425, HARRIS COUNTY, TEXAS, AND BEING OUT
OF AND A PART OF THAT CERTAIN CALLED 15.095 ACRE TRACT OF LAND
CONVEYED BY L.D. WILBURN AND THEO WILBURN TO JESS W. MAYBIN AND
MAY D. MAYBIN BY DEED DATED AUGUST 21, 1951, AND RECORDED IN VOLUME
2330 AT PAGE 380 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, AND OUT
OF AND A PART OF THAT CERTAIN CALLED 15.095 ACRE TRACT CONVEYED BY
L.D. WILBURN AND THEO WILBURN TO JESS W. MAYBIN AND MAY D. MAYBIN BY
DEED DATED MAY 7, 1948, AND RECORDED IN VOLUME 1769 AT PAGE 264 OF THE
DEED RECORDS OF HARRIS COUNTY, TEXAS; AUTHORIZING THE PREPARATION
OF A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution approving the issuance of First Mortgage Notes (Goose
Creek Retirement Community Project) Tax Exempt Series 2007A and Taxable Series
2007B by Tarrant County Cultural and Education Facilities Finance Corporation for
Goose Creek Retirement Community, Inc.
Interim City Manager Leiper explained that the Proposed Resolution approves the issuance of
First Mortgage Notes (Goose Creek Retirement Community Project) Tax Exempt Series 2007A
and Taxable Series 2007B by Tarrant County Cultural and Education Facilities Finance
Corporation for Goose Creek Retirement Community, Inc. (“GCRC”). The Tarrant County
Commissioners Court created the Tarrant County Cultural Education Facilities Finance
Corporation as a cultural education facilities finance corporation. Such corporation desires to
issue First Mortgage Notes (Goose Creek Retirement Community Project) Tax Exempt Series
2007 A and Taxable Series 2007B in an aggregate principal amount not to exceed $6,000,000.
The proceeds of the notes are to be loaned to Goose Creek Retirement Community, Inc., to be
used to provide funds to finance a portion of the costs of the acquisition and redevelopment of
the former San Jacinto Methodist Hospital development located at 1101 Decker Drive, Baytown,
Texas 77520, for use as a continuing care retirement community to be known as the Goose Creek
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Minutes of the Special Session Meeting— May 22, 2007
Retirement Community, which facility shall be used to further the public purpose of providing
decent, safe and sanitary housing to persons of low and moderate income and to assist in the
maintenance of the public health. Under the provisions of Section 147(f) of the Internal Revenue
Code, this transaction must be approved by the Tarrant County, who approved the transaction
contingent upon the City of Baytown’s approval. According to our bond counsel and financial
advisor, there is no liability or cost to the City of Baytown in approving the proposed resolution.
Council Member Capetillo moved to approve the Resolution as submitted. Council Member
Sheley seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1859
RESOLUTION BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE ISSUANCE OF FIRST MORTGAGE NOTES (GOOSE CREEK
RETIREMENT COMMUNITY PROJECT) TAX EXEMPT SERIES 2007A AND TAXABLE
SERIES 2007B BY TARRANT COUNTY CULTURAL AND EDUCATION FACILITIES
FINANCE CORPORATION FOR GOOSE CREEK RETIREMENT COMMUNITY, INC.,
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Discuss Work Order Seven under the Street Maintenance Sales Tax Mill and Overlay
Program
Interim City Manager Leiper explained that the Work Order Five was approved by City Council
on January 11, 2007. Due to completion of the annual contract capacity, the streets in this work
order were divided into Work Orders Five and Six. Work Order Five was completed under the
prior Angel Brothers contract and Work Order Six is being completed now under the new
contract recently awarded.
An additional $700,000 is now available for Work Order Seven to rehabilitate 17,500 linear feet
of eligible roadway. This is about 3 miles of streets. Mr. Leiper presented a chart for allocation
of the streets.
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Minutes of the Special Session Meeting— May 22, 2007
The chart is as follows.
Illustration of Allocation of Work Order 7 by
PERCENTAGE of Eligible Streets based on $700,000 or
17,500 Liner Feet of Mill, Base Repair and Overlay
Streets with Percentage
a of Resulting
PCI 50-70 total eligible Allocation for
District (LF) streets WO#7 (LF)
1 39,342 16.69% 2,922
2 77,120 32.73% 5,727
3 31,944 13.56% 2,372
4 18,177 7.71% 1,350
5 22,700 9.63% 1,686
6 46,374 19.68% 3,444
Total 235,657 100.00% 17,500
Street allocations based upon 22' wide street. Wider streets
will reduce the linear footage allocation proportionately.
He explained that there is no need for action today, but each Council Member will need to
identify the streets for their district.
Discussion was had about the need for a mechanism to encourage Council Members to list
streets that fall in two districts. The Mayor asked staff to prepare a list of these streets for
Council review.
CONSENT
Council Member Sheley moved to approve the Consent agenda items 5a through 5e. Council
Capetillo seconded the Motion. The vote follows:
Ayes: Council Members Capetillo, Murray, Mahan and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
Consider Proposed Ordinance awarding the Tremco Roofing of the Equipment Services Garage.
ORDINANCE NO. 10,612
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF PEAK ROOFING, INC., FOR THE TREMCO ROOFING OF THE
Page 15 of 18
Minutes of the Special Session Meeting— May 22, 2007
EQUIPMENT SERVICES GARAGE; AUTHORIZING PAYMENT OF A SUM OF ONE
HUNDRED THIRTY-ONE THOUSAND NINE HUNDRED FIFTY AND NO/100 DOLLARS
($131,950.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance approving the annual powdered activated carbon contract
for the Baytown Area Water Authority.
ORDINANCE NO. 10,613
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE ANNUAL POWDERED ACTIVATED CARBON CONTRACT
BETWEEN THE BAYTOWN AREA WATER AUTHORITY AND SKYHAWK
CHEMICALS, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing Change Order Four with Reytec Construction
Resources, Inc. for the BAWA 30” Water Transmission Line Project.
ORDINANCE NO. 10,614
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE BAYTOWN AREA WATER AUTHORITY'S CHANGE ORDER NO. 4
WITH REYTEC CONSTRUCTION RESOURCES, INC., FOR THE BAWA 30" WATER
TRANSMISSION LINE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance authorizing the purchase of thirteen Panasonic CF30 mobile
data terminals from Portable Computer Systems in the amount of Forty-Nine Thousand
Eight Hundred and Fifty-Five Dollars ($49,855.00).
ORDINANCE NO. 10,615
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF FORTY-NINE THOUSAND EIGHT HUNDRED AND
FIFTY FIVE AND NO/100 DOLLARS ($49,855.00) TO PORTABLE COMPUTER SYSTEMS
FOR THE PURCHASE OF THIRTEEN PANASONIC CF30 MOBILE DATA TERMINALS
THROUGH THE CATALOGUE INFORMATION SERVICES VENDOR PURCHASING
PROGRAM; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing the purchase of and Annual support contract
for Police mobile data terminals with Versaterm in the amount of Forty Five Thousand
Five Hundred and Fifty Eight Dollars ($45,558).
Page 16 of 18
Minutes of the Special Session Meeting— May 22, 2007
ORDINANCE NO. 10,616
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF THE SUM OF FORTY-FIVE THOUSAND FIVE
HUNDRED FIFTY-EIGHT AND NO/100 DOLLARS ($45,558.00) TO VERSATERM
SYSTEMS FOR THE ANNUAL MAINTENANCE FOR THE POLICE DEPARTMENT'S
MOBILE DATA TERMINAL SOFTWARE FOR THE PERIOD JUNE 1, 2007 TO MAY 31,
2008; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
APPOINTMENTS
Consider confirmation of the Mayor's appointment to the Baytown Housing Authority
Board (1).
This item was not ready.
Consider confirmation of the Mayor's appointment to the Baytown Housing Finance
Corporation Board (1).
This item is not ready.
Consider appointment to the Community Development Advisory Committee (1).
This item was not ready.
Consider appointment to the Animal Control Advisory Committee (1).
This item was not ready.
EXECUTIVE SESSION : The was no executive session.
MANAGER'S REPORT
The Annual Memorial Day Service will be held at 11:00 A.M. on Monday, May 28, 2007 at
the Veterans Memorial Plaza located at Bicentennial Park. The Park is located at 1001
Market Street. Congressman Ted Poe will be the featured speaker. In case of a rain out, the
event will be moved to the Baytown Community Center, 2017 Market Street.
Discuss the Houston Raceway Park 1st Annual Junior Dragster All-Star Classic.
City of Baytown 2007 Hurricane Workshop, Tuesday, May 29th at 6:30 pm in the Council
Chamber.
Update on Taft Circle Demolition Process.
Page 17 of 18
Minutes of the Special Session Meeting— May 22, 2007
Receive departmental presentation by Public Works.
Fred Pack, Director of Public Works, gave the presentation for his department. He opened
by telling Council that this week is National Public Works Week with a Theme of “Moving
Life Forward”.
The Public Works Division has 57 employees that work in the following divisions:
• Public Works Administration
• Streets
• Drainage
• Traffic
• Solid Waste
• Garage
The Utilities Division has 78 employees that work in the following divisions:
• Water Distribution
• Wastewater Collection
• Wastewater Treatment
• Pollution Control
• Private Sewer Line Inspection Program
• Utility Construction
The Baytown Area Water Authority has 14 employees
Mr. Pack told Council that his department is funded by many sources which consist of the
following:
General Fund
Solid Waste Fund
Garage Fund
CDBG
Water & Sewer Fund
BAWA Water Sales
He than showed slides of the various work that each division performs and told about the
tasks. He fielded questions accordingly.
ADJOURN
Council Member Capetillo moved to adjourn the meeting. Council Member Murray seconded the
motion. The vote follows:
Page 18 of 18
Minutes of the Special Session Meeting— May 22, 2007
Ayes: Council Members Capetillo, Murray, Mahan and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
With no additional business the meeting adjourned at 8:12 p.m.
______________________________
Lorri Coody, City Clerk