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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 Page 2 of 3 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. Page 3 of 3 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