2007 09 13 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 13, 2007 - 6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on September 13, 2007,
at 6:30 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
Garrison Brumback City Manager
Robert D. Leiper Deputy City Manager
Ignacio Ramirez, Sr. City Attorney
Lorri Coody City Clerk
Council Member Lynn Caskey, II was not present at this meeting.
Mayor DonCarlos called the meeting to order at 6:30 p.m. with a quorum of Council present.
MINUTES
Consider approval of the minutes from the Regular Session Meeting held on August 23,
2007 and the Work Session Meetings held on August 1, 2007 and August 2, 2007.
Council Member Mahan moved to approve the minutes as submitted. Council Member Sheley
seconded the motion. The vote follows:
Ayes: Council Members Yepez, Capetillo, Sheley, Mahan, and Murray
Mayor DonCarlos as to the August 1 and August 2, 2007 minutes
Nays: None
Abstain: Mayor DonCarlos only as to the August 23, 2007 minutes
The motion carried.
CITIZENS COMMUNICATIONS AND RECOGNITIONS
Recognition of newly sworn Baytown Police Officers graduating from the Baytown Police
Academy August 31, 2007.
Page 2 of 22
Minutes of the Regular Session Meeting— September 13, 2007
City Manager Brumback recognized the newly sworn Baytown Police Officers graduating from
the Baytown Police Academy August 31, 2007. The three new officers were sworn in on Friday,
September 7, 2007. The officers are:
1.) Officer Michael Coppock
2.) Officer Derek Peterson
3.) Officer Brad Batson
The Government Finance Officers Association of the United States and Canada (GFOA)
has announced that the City of Baytown, Texas has received the Certificate of Achievement
for Excellence in Financial Reporting for its comprehensive annual financial report
(CAFR).
Ms. Rhonda Young, Director of Finance, explained that this award represents a significant
achievement by the City of Baytown. It reflects the commitment of the governing body and staff
to meeting the highest principles of governmental accounting and reporting.
When a Certificate of Achievement for Excellence in Financial Reporting is granted to an entity,
an award of Financial Reporting Achievement is also presented to the individual or department
designated as being primarily responsible for having achieved the Certificate. Rhonda L. Young,
Director of Finance and the Finance Department Staff have taken on this responsibility for our
City.
The City of Baytown has received this prestigious award for 15 consecutive years.
Ramesh Persaud has requested to address Council regarding the waiver of fees for the use
of Bicentennial Park on September 22.
Mr. Persaud requested that his item be withdrawn.
Ms. Kathy Hunt has requested to speak to Council in regards to the sidewalks and ramps
on Garth Road between Park Street and Decker and their lack of access for the disabled
and handicapped.
Ms. Hunt requested that her item be withdrawn.
BUSINESS ITEMS
PROPOSED ORDINANCES
Consider Proposed Ordinance 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 1.0941 acre tract of land situated in the W. C. Railroad Company Survey,
Abstract 899, Harris County, Texas and being out of and a part of that certain called
126.735 acre tract (Tract One) conveyed by Florence Godfrey, et al, to Garth-Archer,
Charles H. Grube, LTD, by Deed dated February 15, 1973 and recorded under County
Clerk's File No. D806833 of the Deed Records of Harris County, Texas.
Page 3 of 22
Minutes of the Regular Session Meeting— September 13, 2007
Deputy City Manager 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 1.0941 acre tract of land situated in the W. C. Railroad
Company Survey, Abstract 899, Harris County, Texas and being out of and a part of that certain
called 126.735 acre tract (Tract One) conveyed by Florence Godfrey, et al, to Garth-Archer,
Charles H. Grube, LTD, by Deed dated February 15, 1973 and recorded under County Clerk's
File No. D806833 of the Deed Records of Harris County, Texas.
This 1.0941 acre tract of land is contiguous to the city limits of Baytown; is vacant and without
residents. The property is located south of I-10 on Garth Road and is between Hunt Street and
Archer Street on the East Side of Garth Road and will be developed for construction of a hotel.
City Council conducted the first and second public hearings for this annexation on the 28th day
of June, 2007 with said notice being published in the June 18, 2007 issue of the Baytown Sun
and posted on the City of Baytown’s website on June 18, 2007.
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,657
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 1.0941 ACRE TRACT OF LAND
SITUATED IN THE W. C. RAILROAD COMPANY SURVEY, ABSTRACT 899, HARRIS
COUNTY, TEXAS, AND BEING OUT OF AND A PART OF THAT CERTAIN CALLED
126.735 ACRE TRACT (TRACT ONE) CONVEYED BY FLORENCE GODFREY, ET AL,
TO GARTH-ARCHER, CHARLES H. GRUBE, LTD, BY DEED DATED FEBRUARY 15,
1973, AND RECORDED UNDER COUNTY CLERK'S FILE NO. D806833 OF THE DEED
RECORDS OF HARRIS COUNTY, TEXAS; WHICH SAID TERRITORY LIES ADJACENT
TO AND ADJOINS 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 1.0941 acre tract of land situated in the
W. C. Railroad Company Survey, Abstract 899, Harris County, Texas and being out of and
a part of that certain called 126.735 acre tract (Tract One) conveyed by Florence Godfrey,
et al, to Garth-Archer, Charles H. Grube, LTD, by Deed dated February 15, 1973 and
recorded under County Clerk's File No. D806833 of the Deed Records of Harris County,
Texas in Council District 4.
Page 4 of 22
Minutes of the Regular Session Meeting— September 13, 2007
The Proposed Ordinance placing the property annexed into the City of Baytown in the previous
agenda item and being described as a 1.0941 acre tract of land situated in the W. C. Railroad
Company Survey, Abstract 899, Harris County, Texas and being out of and a part of that certain
called 126.735 acre tract (Tract One) conveyed by Florence Godfrey, et al, to Garth-Archer,
Charles H. Grube, LTD, by Deed dated February 15, 1973 and recorded under County Clerk's
File No. D806833 of the Deed Records of Harris County, Texas in Council District 4.
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,695
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADDING A 1.0941 ACRE TRACT OF LAND SITUATED IN THE W. C. RAILROAD
COMPANY SURVEY, ABSTRACT 899, HARRIS COUNTY, TEXAS, AND BEING OUT OF
AND A PART OF THAT CERTAIN CALLED 126.735 ACRE TRACT (TRACT ONE)
CONVEYED BY FLORENCE GODFREY, ET AL, TO GARTH-ARCHER, CHARLES H.
GRUBE, LTD, BY DEED DATED FEBRUARY 15, 1973, AND RECORDED UNDER
COUNTY CLERK'S FILE NO. D806833 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.
Consider Proposed Ordinance setting the time, date and place of the public hearings on the
annexation of portions of Cedar Bayou Stream and the 500-foot strip of land commencing
at the easterly right-of-way of State Highway 146 North and the mean high tide line of the
east bank of Cedar Bayou Stream, then meandering with the east bank of Cedar Bayou
Stream to a point of intersection with the mean high tide line of the east bank of Cedar
Bayou Stream and Highway 99.
Deputy City Manager Leiper explained that the Proposed Ordinance sets the time, date and place
of the public hearings on the annexation of portions of Cedar Bayou Stream and the 500-foot
strip of land commencing at the easterly right-of-way of State Highway 146 North and the mean
high tide line of the east bank of Cedar Bayou Stream, then meandering with the east bank of
Cedar Bayou Stream to a point of intersection with the mean high tide line of the east bank of
Cedar Bayou Stream and Highway 99. This annexation is being initiated by the City. The 500-
foot tract is being annexed in order for the City to have some control over the development along
Cedar Bayou. At its last council meeting, the City Council engaged Bob Renbarger of Fritz,
Byrne, Head & Harrison, LLP, not only to evaluate possible options that the City may take to
oppose barge terminal projects along the bayou but also to recommend development regulations
Page 5 of 22
Minutes of the Regular Session Meeting— September 13, 2007
which may alleviate the adverse impact of such developments on neighboring residential areas.
Any such regulations recommended may be applied to the areas within this contemplated
annexation. Pursuant to the annexation statutes, the City must hold two public hearings on the
proposed annexation; however, prior to doing so, the City must send the requisite notices to the
landowners, the school district, Union Pacific, if applicable, as well as to any public entity
providing service to the area. The proposed ordinance sets the public hearings in the City
Council Chamber at its regularly scheduled City Council meeting to be held on October 25,
2007.
Council engaged in discussion about the agricultural exemptions of the annexations and the
meaning of these exemptions. City Attorney Ramirez explained how the tax exemptions work
with these exemptions. He explained that it is very much like the Industrial Development
Agreements.
There was also discussion about annexation south of the bridge. City Manager Brumback
explained the reasoning. Council suggested that the south part of Cedar Bayou be looked at for
annexation.
City Manager Brumback called attention to an error in the Ordinance presented in the packet and
the Ordinance presented at each place is correct.
Council Member Mahan moved to approve the Ordinance as submitted as corrected. Council
Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,696
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING
THE TIME, DATE AND PLACE OF THE PUBLIC HEARINGS ON THE ANNEXATION OF
PORTIONS OF CEDAR BAYOU STREAM AND THE 500-FOOT STRIP OF LAND
COMMENCING AT THE EASTERLY RIGHT-OF-WAY OF STATE HIGHWAY 146 NORTH
AND THE MEAN HIGH TIDE LINE OF THE EAST BANK OF CEDAR BAYOU STREAM,
THEN MEANDERING WITH THE EAST BANK OF CEDAR BAYOU STREAM TO A POINT
OF INTERSECTION WITH THE MEAN HIGH TIDE LINE OF THE EAST BANK OF CEDAR
BAYOU STREAM AND HIGHWAY 99; PROVIDING FOR THE REQUISITE NOTICES AND
PUBLICATIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance setting the time, date and place of the public hearings on the
annexation of the I-10 corridor from 1,000 feet west of Spring Gully to the easterly right-of-
way line of State Highway 146, the annexation of a 1.16-acre tract at the northwest corner
Page 6 of 22
Minutes of the Regular Session Meeting— September 13, 2007
of I-10 and N. Main Street, and the annexation of a 1-acre tract at the northwest corner of
I-10 and Sjolander Road.
Deputy Manager Leiper explained that the Proposed Ordinance sets the time, date and place of
the public hearings on the annexation of the I-10 corridor from 1,000 feet west of Spring Gully to
the easterly right-of-way line of State Highway 146, the annexation of a 1.16-acre tract at the
northwest corner of I-10 and N. Main Street, and the annexation of a 1-acre tract at the northwest
corner of I-10 and Sjolander Road. While there has been no petition received for the annexation
of this property, the City has contacted the Texas Department of Transportation as well as the
owner of the 1.16-acre tract. Neither opposes the contemplated annexation. Pursuant to the
annexation statutes, the City must hold two public hearings on the proposed annexation;
however, prior to doing so, the City must send the requisite notices to the property owners, the
school district, Union Pacific, if applicable, as well as to any public entity providing service to
the area. The proposed ordinance sets the public hearings in the City Council Chamber at its
regularly scheduled City Council meeting to be held on October 25, 2007.
Council Member Mahan moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,697
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING THE
TIME, DATE AND PLACE OF THE PUBLIC HEARINGS ON THE ANNEXATION OF THE I-10
CORRIDOR FROM 1,000 FEET WEST OF SPRING GULLY TO THE EASTERLY RIGHT-OF-WAY
LINE OF STATE HIGHWAY 146, THE ANNEXATION OF A 1.16-ACRE TRACT AT THE
NORTHWEST CORNER OF I-10 AND N. MAIN STREET, AND THE ANNEXATION OF A 1-ACRE
TRACT AT THE NORTHWEST CORNER OF I-10 AND SJOLANDER ROAD; PROVIDING FOR
THE REQUISITE NOTICES AND PUBLICATIONS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance setting the time, date and place of the public hearings on the
annexation of the 1,000-foot strip of land adjacent to the east right-of-way of N. Main
Street out of Tracts 3K, 3J, 3A, 3H and 8E, Abstract 21 of the G. Ellis Survey, Harris
County, Texas.
Deputy City Manager Leiper explained that the Proposed Ordinance sets the time, date and place
of the public hearings on the annexation of the 1,000-foot strip of land adjacent to the east right-
of-way of N. Main Street out of Tracts 3K, 3J, 3A, 3H and 8E, Abstract 21 of the G. Ellis
Survey, Harris County, Texas. Attempts to contact the property owners regarding a petition for
annexation were unsuccessful so this annexation is being initiated by the City. The property is
Page 7 of 22
Minutes of the Regular Session Meeting— September 13, 2007
now uninhabited. The 1,000-foot tract is one of several annexations which will be necessary in
order for the City to annex the new Goose Creek Memorial High School, which will enable the
school to receive City services, including fire, police, EMS, and utilities. Pursuant to the
annexation statutes, the City must hold two public hearings on the proposed annexation;
however, prior to doing so, the City must send the requisite notices to the landowners, the school
district, Union Pacific, if applicable, as well as to any public entity providing service to the area.
The proposed ordinance sets the public hearings in the City Council Chamber at its regularly
scheduled City Council meeting to be held on October 25, 2007.
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,697
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, SETTING THE
TIME, DATE AND PLACE OF THE PUBLIC HEARINGS ON THE ANNEXATION OF THE 1,000-
FOOT STRIP OF LAND ADJACENT TO THE EAST RIGHT-OF-WAY OF N. MAIN STREET OUT
OF TRACTS 3K, 3J, 3A, 3H AND 8E, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS
COUNTY, TEXAS; PROVIDING FOR THE REQUISITE NOTICES AND PUBLICATIONS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing Development Agreements for the Construction
of a Traffic Light on Garth Road and Independence Blvd.
City Manager Brumback explained that the Proposed Ordinance authorizes two development
agreements for the Construction of a Traffic Light on Garth Road and Independence Blvd.
Background information on the agreements is as follows:
The first such agreement is with (i) Reinvestment Zone Number One, City of Baytown, Texas
(the TIRZ), (ii) the Baytown Redevelopment Authority (the Redevelopment Authority), and (iii)
Baytown Plaza Two, L.P. (the Developer) for 50% of the funding of the design and installation
of a traffic signal. The second such agreement is much like the first and is with the TIRZ and the
Redevelopment Authority for the remaining 50% of the funding. The agreements are necessary
in order for the parties to proceed with the signalization project prior to the time that the
Redevelopment Authority can issue its bonds or incur other obligations to pay the costs of the
project.
The Baytown Municipal Development District (the MDD) funded a traffic study for the
intersection of Garth Road and Independence Blvd., which study concluded that a traffic signal
Page 8 of 22
Minutes of the Regular Session Meeting— September 13, 2007
was warranted. The Developer of the Kohl's property has executed the first Development
Agreement to fund 50% ($150,000) of the design and construction cost with reimbursement from
the TIRZ. Since the Mall has been unwilling to fund the remaining 50% of the cost, in June the
MDD, through an interlocal agreement with the City, agreed to fund the remaining 50%, also as
a TIRZ reimbursable.
In the first development agreement, the City agrees to employ the professionals and contractors,
as independent contractors, to perform the work to complete the project. In the second
development agreement the City not only agrees to cause the work to be performed but also
agrees, through the funding provided by the MDD, to pay 50% of the design and construction
costs, with reimbursement from the TIRZ. The City will refund the MDD its portion of the costs
once the City receives reimbursement from the TIRZ.
Council Member Mahan moved to approve the Ordinance as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,699
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 DEVELOPMENT AGREEMENTS FOR THE CONSTRUCTION OF
A TRAFFIC LIGHT ON GARTH ROAD AND INDEPENDENCE BLVD.; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance approving the installation of streetlights.
The Proposed Ordinance approves the installation of street lights. CenterPoint Energy issued
123 streetlight allowances to the City of Baytown for no-cost installations in calendar year 2007.
The City is required to pay the operating costs after installation. The City has used
four of its allowance for this year. The Planning & Zoning Commission (P&Z), at its August 15,
2007 meeting recommended that City Council consider the installation of thirty eight (38)
additional streetlights at the following locations:
4011 Savell Drive 4819 Black Stone Street 4727 Black Stone Street
4827 Black Rock Street 321 E Murrill Street 214 E Murrill Street
5 Schilling Ave 101 Schilling Ave 104 Schilling Ave
304 Schilling Ave 510 Schilling Ave 519 Schilling Ave
610 Schilling Ave 711 Schilling Ave 7 Gresham Ave
113 Gresham Ave 208 Gresham Ave 310 Gresham Ave
512 Gresham Ave 610 Gresham Ave 713 Gresham Ave
Page 9 of 22
Minutes of the Regular Session Meeting— September 13, 2007
7 Morrell Ave 110 Morrell Ave 210 Morrell Ave
309 Morrell Ave 508 Morrell Ave 520 Morrell Ave
611 Morrell Ave 622 Morrell Ave 7 Park Street
120 Park Street 206 Park Street 308 Park Street
508 Park Street 515 Park Street 612 Park Street
3811 North Main Street (north of the driveway)
260 feet on north side of E Cedar Bayou Lynchburg Rd from North Main
Council Member Murray moved to approve the Ordinance as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,700
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PLACEMENT OF STREET LIGHTS IN THE SPECIFIED RIGHTS-
OF-WAY OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance adopting the 2007-08 City of Baytown Budget totaling
$100,161,362.
Rhonda Young, Director of Finance, explained that the Proposed Ordinance adopts the 2007-08
City of Baytown Budget totaling $100,161,362.
The City of Baytown Charter, Article V., The Budget, Section 45, states the budget shall be
adopted by the favorable votes of at least a majority of all members of the whole council. In
Section 46, it states the budget shall be finally adopted not later than the twenty-seventh day of
the last month of the fiscal year. Should the council take no final action on or prior to such day,
the budget as submitted by the city manager, shall be deemed to have been finally adopted by the
council. The 2007-08 City of Baytown fund amounts adopted by this ordinance explained by
Ms. Young with technical adjustments are as follows:
Page 10 of 22
Minutes of the Regular Session Meeting— September 13, 2007
General Fund $ 54,586,672
General Debt Service Fund 8,400,462
Hotel/Motel Fund 1,051,729
Water and Sewer Fund 29,354,711
Sanitation Fund 4,068,839
Storm Water Utility Fund 624,038
Garage Fund 1,825,232
Warehouse Operations Fund 249,679
Total $100,161,362
Council Member Capetillo moved to approve the Ordinance as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,701
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1,
2007, AND ENDING SEPTEMBER 30, 2008, IN ACCORDANCE WITH THE CHARTER
AND ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance ratifying the property tax increase reflected in the budget.
Rhonda Young, Director of Finance, explained that the Proposed Ordinance ratifies the property
tax increase (as defined by State law) reflected in the budget. This budget will raise more total
property tax revenues than last year’s budget by $ 1,345,645 or 8.77%. During this past state
legislative session, the Legislature enacted HB-3195, which requires the City Council in a vote
separate from the adoption of a budget to ratify "the property tax increase" reflected in the
budget. With respect to the City's budget, the "property tax increase" is really an increase in
property tax revenues which is a result of increased property values and new improvements due
to annexation as well as new development. Because the state statute addresses this increase in
revenues as a "property tax increase," the proposed ordinance has been drafted accordingly.
Council Member Capetillo moved to approve the Ordinance as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Page 11 of 22
Minutes of the Regular Session Meeting— September 13, 2007
Nays: None
The motion carried.
ORDINANCE NO. 10,702
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RATIFYING THE PROPERTY TAX INCREASE REFLECTED IN THE BUDGET
ADOPTED BY THE CITY COUNCIL FOR THE ENSUING FISCAL YEAR, BEGINNING
OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ITEMS 3.b.1 THROUGH 3.b.6. ARE RELATED TO THE 2007-2008 BUDGET AND CAN
BE CONSIDERED AS ONE ITEM, IF COUNCIL WISHES
Mayor DonCarlos suggested that items 3.b.1 through 3.b.6. be considered together since these
items are related to the 2007-2008 Budget and have been discussed extensively by Council in the
budget work sessions.
Consider Proposed Ordinance approving the 2007-08 Baytown Area Water Authority
ORDINANCE NO. 10,703
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER AUTHORITY (BAWA)
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER
30, 2008; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance amending the Code of Ordinances, Chapter 98, Utilities,
Section Nos. 98-59 and 98-91 to increase water and sewer rates.
ORDINANCE NO. 10,704
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)(l) "RATE TABLE"; SECTION 98-59 "RATES,"
SUBSECTION (G) "VOLUME USERS"; ARTICLE IV "SEWER SERVICE," SECTION 98-91
"SEWER SERVICE CHARGE," SUBSECTION (A) "RATE SCHEDULE"; SECTION 98-91
"SEWER SERVICE CHARGE," SUBSECTION (F) "VOLUME USERS" AND SECTION 98-
92 "CHARGE FOR USERS WITHOUT WATER OR OUTSIDE CITY," SUBSECTION (B)
"USERS OUTSIDE CITY LIMITS" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, TO INCREASE UTILITY FEES; 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.
Page 12 of 22
Minutes of the Regular Session Meeting— September 13, 2007
Consider Proposed Ordinance authorizing a consulting/brokerage agreement with Holmes,
Murphy & Associates, Inc., for fiscal year 2007-08.
ORDINANCE NO. 10,705
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.
Consider Proposed Ordinance renewing the annual contract to United Behavioral Health
to provide Employee Assistance Program Services, and authorizes payment for said
services.
ORDINANCE NO. 10,706
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE ADMINISTRATIVE SERVICES AGREEMENT WITH UNITED
BEHAVIORAL HEALTH FOR THE CITY'S EMPLOYEE ASSISTANCE PROGRAM;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-FIVE
THOUSAND ONE HUNDRED SEVENTY-ONE AND 20/100 DOLLARS ($25,171.20); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing San Jacinto Medical Group for City Physician
Services.
ORDINANCE NO. 10,707
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CITY PHYSICIAN SERVICES WITH SAN JACINTO MEDICAL GROUP;
AUTHORIZING PAYMENT FOR SUCH SERVICES IN AN AMOUNT NOT TO EXCEED
ONE HUNDRED NINE THOUSAND SIX HUNDRED SIXTY AND NO/100 DOLLARS
($109,660.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance amending Ordinance No. 9227, passed by Council on
September 13, 2001 to increase junk drop off fees.
ORDINANCE NO. 10,708
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AMENDING ORDINANCE NO. 9227, PASSED BY THE CITY COUNCIL ON SEPTEMBER
13, 2001, TO INCREASE JUNK DROP OFF FEES; CONTAINING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
Page 13 of 22
Minutes of the Regular Session Meeting— September 13, 2007
Council Member Sheley moved to approved agenda items 3.b.1 through 3.b.6 as submitted.
Council Member Capetillo seconded the motion.
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Nays: None
The motion carried.
PROPOSED RESOULUTIONS
Consider Proposed Resolution approving the Charter of the Citizens Bond Advisory
Committee for the projects included in the November 2007 Bond Election.
The Proposed Resolution approves the Charter of the Citizens Bond Advisory Committee for the
projects included in the November 2007 Bond Election.
The Bond Steering Committee, as part of their report and recommendation for the November
Bond Election, recommended the creation of a Citizens Bond Steering Committee to assist with
the implementation of the bond projects.
The purpose of the Citizens Bond Advisory Committee for the 2007 Bond Program is to
maintain routine involvement with elected officials and City personnel by:
Examining compliance to scope, cost, schedule, and quality of materials and work;
Reviewing and endorsing to the City Council any significant changes proposed to the various
projects within the 2007 Bond Program; and
Studying and recommending communications updates to the community.
Council Member Sheley moved to approve the Resolution as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1877
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ESTABLISHING THE CITIZENS BOND ADVISORY COMMITTEE; APPROVING THE
CHARTER OF SUCH COMMITTEE FOR THE PROJECTS INCLUDED IN THE
Page 14 of 22
Minutes of the Regular Session Meeting— September 13, 2007
NOVEMBER 2007 BOND ELECTION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Resolution appointing authorized representatives to execute supply
agreements with retail electric providers.
Andrea Deaton, Assistant Director of Finance, explained that the Proposed Resolution
designates the City Manager; the Deputy City Manager; or the Assistant City Manager of the
City of Baytown as authorized representatives with full power and authority to execute supply
agreements with retail electric providers as needed. Because electric rates fluctuate daily
and quotes from retail electric providers are good for a single day, authorized representatives are
needed in order to execute favorable electric agreements on short notice.
Council Member Mahan moved to approve the Resolution as submitted. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1878
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPOINTING AUTHORIZED REPRESENTATIVES TO EXECUTE SUPPLY
AGREEMENTS WITH RETAIL ELECTRIC PROVIDERS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Consider Proposed Resolution accepting the petition requesting annexation submitted by
Ronny Guerrero the authorized signator of XT Baytown 565, LP, the owner of a 52.7885
acre tract of land situated in the Jacob Armstrong Survey, Abstract 2, Chambers County,
Texas and being all of Tract 1 (called 50.4509 acres) conveyed by David M. Kadjar,
Trustee, to J. G. Keeling and Sonya Keeling by Deed dated November 2, 2004 and recorded
in Volume 735 at Page 648 of the Official Public Records of Chambers County, Texas;
together with all of that certain called 2.33 acre tract of land conveyed by Delmar Wayne
Brazell to J. G. Keeling and Sonya Keeling by Deed dated November 3, 2004 and recorded
in Volume 738 at Page 160 of the Official Public Records of Chambers County, Texas.
Deputy Manager Leiper explained that the Proposed Resolution accepts the petition requesting
annexation submitted by Ronny Guerrero the authorized signator of XT Baytown 565, LP, the
owner of a 52.7885 acre tract of land situated in the Jacob Armstrong Survey, Abstract 2,
Chambers County, Texas and being all of Tract 1 (called 50.4509 acres) conveyed by David M.
Kadjar, Trustee, to J. G. Keeling and Sonya Keeling by Deed dated November 2, 2004 and
recorded in Volume 735 at Page 648 of the Official Public Records of Chambers County, Texas;
together with all of that certain called 2.33 acre tract of land conveyed by Delmar Wayne Brazell
Page 15 of 22
Minutes of the Regular Session Meeting— September 13, 2007
to J. G. Keeling and Sonya Keeling by Deed dated November 3, 2004 and recorded in Volume
738 at Page 160 of the Official Public Records of Chambers County, Texas. This 52.7885 acre
tract of land is contiguous to the city limits of Baytown; is vacant and without residents and will
be used as follows:
Warehouse Development
Residential Development
Reserve for Detention
The property surrounds the Devinwood Subdivision located in the Northeast section of Baytown
off of SH-146.
Council Member Mahan moved to approve the Resolution as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Yepez, Capetillo, Sheley, Mahan, and Murray
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1879
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING THE PETITION OF XT BAYTOWN 565, LP, CONCERNING THE
ANNEXATION OF A 52.7885 ACRE TRACT OF LAND SITUATED IN THE JACOB
ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS AND BEING
ALL OF TRACT 1 (CALLED 50.4509 ACRES) CONVEYED BY DAVID M. KADJAR,
TRUSTEE, TO J. G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 2,
2004 AND RECORDED IN VOLUME 735 AT PAGE 648 OF THE OFFICIAL PUBLIC
RECORDS OF CHAMBERS COUNTY, TEXAS; TOGETHER WITH ALL OF THAT
CERTAIN CALLED 2.33 ACRE TRACT OF LAND CONVEYED BY DELMAR WAYNE
BRAZELL TO J. G. KEELING AND SONYA KEELING BY DEED DATED NOVEMBER 3,
2004 AND RECORDED IN VOLUME 738 AT PAGE 160 OF THE OFFICIAL PUBLIC
RECORDS OF CHAMBERS COUNTY, TEXAS; AUTHORIZING THE PREPARATION OF
A SERVICE PLAN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution waiving deposit and rental fees for the Bay Area Council on
Drugs & Alcohol, Inc.'s Steps to Recovery Walk on September 22, 2007, at Bicentennial
Park benefiting the Texas Child & Family Institute.
This Resolution no longer necessary since Mr. Persaud requested that his item be withdrawn.
Consider Proposed Resolution expressing intent to finance expenditures to be incurred for
the design and construction of a traffic signal at Garth Road and Independence Blvd.
Page 16 of 22
Minutes of the Regular Session Meeting— September 13, 2007
City Attorney Ramirez explained that the Proposed Resolution expresses the City’s intent to
finance expenditures to be incurred for the design and construction of a traffic signal at Garth
Road and Independence Blvd (the “Project”). While the City may issue obligations to finance its
activities, the interest on which is excludable from gross income for federal income tax purposes,
the City has concluded that it cannot currently issue tax-exempt obligations to finance the costs
associated with the signalization project. The City desires to reimburse itself for the cost of the
project that it is about to pay from the proceeds of obligations to be issued subsequent to the
payment of the costs of the Project. This resolution is needed because under IRS rules, an issuer
like the City cannot sell tax exempt bonds to reimburse itself from bond proceeds for funds spent
on projects from other sources unless at the time it makes the expenditure it expresses its intent
to reimburse from a proposed bond issue. The purpose of this rule is to deter issuers from issuing
bonds just to get more working capital by thinking up financing projects after the fact. The
resolution will allow the TIRZ to later sell bonds to reimburse the City for advancing funds for a
TIRZ project.
Council Member Mahan moved to approve the Resolution as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Yepez, Capetillo, Sheley, Mahan, and Murray
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1880
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
EXPRESSING INTENT TO FINANCE EXPENDITURES TO BE INCURRED; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF
Consider Proposed Resolution authorizing the Mayor to make application for two $1
million dollar loans through the State Infrastructure Bank for the funding a portion of the
flyover from Spur 330 to State Highway 146 South.
City Manager Brumback explained that the Proposed Resolution authorizes the Mayor to make
application for two $1 million dollar loans through the State Infrastructure Bank for funding a
portion of the flyover from Spur 330 to State Highway 146 South and expresses intent to finance
expenditures to be incurred.
At the next regularly scheduled Council meeting, the City Staff will bring an advanced funding
agreement with the State for the construction of the direct connectors and braided ramp
from Spur 330 to State Highway 146 South. Pursuant to the agreement, the City will participate
in the project by contributing a fixed sum of $2,000,000 to be used as a contribution toward
construction. This participation is to supplement state funds and to facilitate the implementation
of the project. Two, $1 million State Infrastructure Bank (SIB) loans will fund the City's
participation. The first loan will be repaid by the City with MDD funds in annual payments
Page 17 of 22
Minutes of the Regular Session Meeting— September 13, 2007
included in the 2007-2008 adopted budget. The second loan will be repaid by the City after the
General Obligation Bond election in November. In the event the proposition fails on this item,
alternative loan funding is available in the General Fund CIPF. The proposed resolution allows
the Mayor to make application for these two loans.
Council Member Murray moved to approve the Resolution as submitted. Council Member
Mahan seconded the motion. The vote follows:
Ayes: Council Members Yepez, Capetillo, Sheley, Mahan, and Murray
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1881
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE MAYOR TO MAKE APPLICATION TO THE STATE FOR TWO
LOANS IN THE AMOUNT OF ONE MILLION AND NO/100 DOLLARS EACH THROUGH
THE STATE INFRASTRUCTURE BANK FOR FUNDING A PORTION OF THE FLYOVER
FROM SPUR 330 TO STATE HIGHWAY 146 SOUTH; AUTHORIZING THE MAYOR TO
TAKE FURTHER ACTION TO SECURE THE LOANS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
CONSENT
Council Member Sheley moved to approve the Consent agenda items 4a through 4j. Council
Member Capetillo seconded the Motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Nays: None
The motion carried.
Consider Proposed Ordinance awarding the first renewal of the annual thermo pavement
markings contract.
ORDINANCE NO. 10,709
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE ANNUAL THERMO PAVEMENT MARKINGS CONTRACT WITH
HIGHWAY TECHNOLOGIES, L.P., AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF ONE HUNDRED SEVENTY-NINE THOUSAND SEVEN
HUNDRED FORTY-FIVE AND NO/100 DOLLARS ($179,745.00); MAKING OTHER
Page 18 of 22
Minutes of the Regular Session Meeting— September 13, 2007
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Ordinance awarding the annual installation and repair of traffic signal
equipment contract.
ORDINANCE NO. 10,710
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF SOUTHWEST SIGNAL SUPPLY, INC., FOR THE ANNUAL
INSTALLATION AND REPAIR OF TRAFFIC SIGNAL EQUIPMENT CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE
HUNDRED THIRTY-THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS
($133,600.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing expenditures for the residential solid waste
collection and disposal services contract.
ORDINANCE NO. 10,711
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING EXPENDITURES FOR THE RESIDENTIAL SOLID WASTE
COLLECTION AND DISPOSAL SERVICES CONTRACT TO WASTE MANAGEMENT OF
TEXAS IN THE AMOUNT OF TWO MILLION ONE HUNDRED EIGHTY-THREE
THOUSAND NINE HUNDRED THIRTY-TWO AND 80/100 DOLLARS ($2,183,932.80);
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance awarding the first renewal of the annual sludge disposal
contract.
ORDINANCE NO. 10,712
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE ANNUAL SLUDGE DISPOSAL CONTRACT WITH RUSTIN
TRANSPORTATION COMPANY, LP, AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF TWO HUNDRED NINETY THOUSAND ONE HUNDRED
SIXTY AND NO/100 DOLLARS ($290,160.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance authorizing a professional services agreement for the
Houston High Intensity Drug Trafficking Area Program with Stanley E. Furce,
Individually and d/b/a Research International.
Page 19 of 22
Minutes of the Regular Session Meeting— September 13, 2007
ORDINANCE NO. 10,713
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH STANLEY E. FURCE,
INDIVIDUALLY AND D/B/A RESEARCH INTERNATIONAL; AUTHORIZING PAYMENT
FOR SERVICES UNDER THE CONTRACT FROM GRANT FUNDS; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance approving an interlocal agreement with the City of Humble
for a short-term employee shelter in the event of a catastrophic event to house the City's
essential employees.
ORDINANCE NO. 10,714
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 INTERLOCAL AGREEMENT WITH THE CITY OF HUMBLE
FOR SHORT-TERM SHELTER OF ESSENTIAL EMPLOYEES DURING AN
EMERGENCY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution requesting the sheriff or constable to sell the property
located at 223 W. Main Street, Baytown, Harris County, Texas, at a public sale.
RESOLUTION NO. 1882
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REQUESTING THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT
223 W. MAIN STREET, BAYTOWN, HARRIS COUNTY, TEXAS, AT A PUBLIC SALE
PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance approving an interlocal agreement with the Baytown
Municipal Development District for funding of up to $300,000 for the Unidad Park Skate
Park Project from the 2007-2008 MDD budget.
ORDINANCE NO. 10,715
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 INTERLOCAL AGREEMENT WITH THE BAYTOWN
MUNCIPAL DEVELOPMENT DISTRICT FOR FUNDING OF UNIDAD PARK SKATE
PARK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 20 of 22
Minutes of the Regular Session Meeting— September 13, 2007
Consider Proposed Ordinance approving an interlocal agreement with the Baytown
Municipal Development District for funding for the purchase of approximately 50 acres of
land for municipal purposes.
ORDINANCE NO. 10,716
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 INTERLOCAL AGREEMENT WITH THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT FOR FUNDING FOR THE PURCHASE OF
APPROXIMATELY 50 ACRES OF LAND FOR MUNICIPAL PURPOSES; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance approving the final payment of $13,422.00 to Automated
Logic United Environmental Services, and accepts the HVAC System Project.
ORDINANCE NO. 10,717
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE CITY HALL/MUSEUM ANNEX AC PROJECT; AUTHORIZING FINAL
PAYMENT OF THE SUM OF THIRTEEN THOUSAND FOUR HUNDRED TWENTY-TWO
AND NO/100 DOLLARS ($13,422.00) TO AUTOMATED LOGIC UNITED
EVIRONMENTAL SERVICES FOR SAID PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
APPOINTMENTS
Consider appointment to the Parks and Recreation Board (1).
This item was not ready.
Consider appointment to the Planning and Zoning Commission (1).
This item was not ready.
Consider vacancy on the Harris County Appraisal District Board.
This item was not ready.
EXECUTIVE SESSION
Public notice is given that the City Council may elect to go into executive session at any
time during the meeting in order to discuss any matters listed on the agenda when
authorized by the provisions of the Open Meetings Act, Chapter 551 of the Texas
Government Code, and that the City Council specifically expects to go into executive
session on the matters enumerated herein below, if any. In the event the Council elects to go
Page 21 of 22
Minutes of the Regular Session Meeting— September 13, 2007
into executive session regarding an agenda item, the section or sections of the Open
Meetings Act authorizing the executive session will be publicly announced by the presiding
officer.
Complaint Concerning Employee
Recess into and conduct an executive session pursuant to Government Code, Section 551.074 to
hear a complaint concerning the City Attorney’s remarks made to a city manager candidate.
Mayor DonCarlos announced at 7:15 p.m. that Council would recess into and conduct an
executive session pursuant to Government Code, Section 551.074 to hear a complaint concerning
the City Attorney’s remarks made to a city manager candidate.
Mayor DonCarlos re-convened the meeting at 7:45 p.m. and announced that no action was taken
in executive session.
MANAGER'S REPORT
Grito Fest
The Grito Fest is scheduled for September 15th at Bicentennial Park, featuring Tejano music star
Shelly Lares and this year's headliner "La Mafia".
Scott Johnson, Director of Parks and Recreation gave an overview of the activities for the Fest.
Receive update on Northwood Apartments.
City Manager Brumback gave an update on the Northwood Apartments. He explained to
Council about the impact made at the apartments. If compliance is not made on the apartments
that have been tagged, these buildings will be taken down. Police, Fire, Legal and many others
from City Staff have been involved in this effort.
Mr. Brumback reported that the Cedar Bayou meeting went well. City staff is working with Mr.
Renbarger and as soon as more information is available a report will be given to Council.
Mr. Brumback reported that while Hurricane Humberto missed the City of Baytown, City was
prepared should it have become an issue.
ADJOURN
Council Member Mahan moved to adjourn the meeting. Council Member Capetillo seconded the
motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, Sheley and Capetillo
Mayor DonCarlos
Nays: None
Page 22 of 22
Minutes of the Regular Session Meeting— September 13, 2007
The motion carried.
With no additional business the meeting adjourned at 7:50 p.m.
______________________________
Lorri Coody, City Clerk