2007 06 07 CC Minutes, Special
MINUTES OF THE SPECIAL SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
June 7, 2007 - 4:30 p.m.
The City Council of the City of Baytown, Texas, met in special session on June 7, 2007, at 4:30
p.m. in the Council Chamber of the City of Baytown with the following in attendance:
Lena R. Yepez Council Member
Brandon Capetillo Council Member
Scott Sheley Council Member
Sammy Mahan Council Member
Don Murray Council Member
Stephen H. DonCarlos Mayor
Kelvin Knauf Assistant City Manager
Karen Horner Assistant City Attorney
Lorri Coody City Clerk
Council Member Caskey was absent.
Mayor DonCarlos called the meeting to order at 4:30 p.m. with a quorum of Council present.
BUSINESS ITEMS
Consider Proposed Ordinance repealing Ordinance No. 10,609 and 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 this ordinance is essentially the same as that passed
on May 22, 2007; however, the re-adoption is necessary in order for the same to be properly
published. Ordinance No. 10,609 was not published twice within ten days after its passage as
required by the City's Charter. Since the maps need to be effective by June 18th, this item could
not wait for the special meeting to be held on June 12, 2007, as the earliest effective date is ten
days after its passage. With such ten-day period, the ordinance, if passed on June 12, 2007,
would be effective on June 22nd, which is four days after the date the City is to have the maps
adopted.
The Proposed Ordinance:
1. Repeals Ordinance No. 10,609, which was passed on May 22, 2007, and amended
Chapter 110 “Floods,” Article II “Flood Damage Prevention” of the Code of Ordinances,
Baytown, Texas; and
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Minutes of the Special Session Meeting— June 7, 2007
2. 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; to adopt the recent Flood
Insurance Study data otherwise known as the new floodplain maps; to implement
provisions to assure no adverse impact on the 100 year water surface elevation when
constructing in the 100 year floodplain, and to 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.
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Yepez, Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,617
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REPEALING ORDINANCE NO. 10,609, PASSED ON MAY 22, 2007; 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
HUNDRED AND NO/100 DOLLARS ($500.00); AND PROVIDING FOR THE
PUBLICATION AND THE EFFECTIVE DATE THEREOF.
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Minutes of the Special Session Meeting— June 7, 2007
APPOINTMENTS
Consider Appointments to the Baytown Municipal Development District (5).
Council Member Mahan moved to reappoint/appoint the following members to the Baytown
Municipal Development District for a two year term to begin June 2007 and end June 2009.
Terry Sain - Reappoint
Scott Sheley - Reappoint
Brandon Capetillo - Reappoint
Lena R. Yepez - Appoint
Council Member Murray seconded the Motion. The vote follows:
Ayes: Council Members Yepez, Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
ADJOURN
Council Member Capetillo moved to adjourn the meeting. Council Member Mahan seconded the
motion. The vote follows:
Ayes: Council Members Yepez, Capetillo, Murray, Mahan, and Sheley
Mayor DonCarlos
Nays: None
The motion carried.
With no additional business the meeting adjourned at 4:40 p.m.
______________________________
Lorri Coody, City Clerk