2007 10 11 CC Minutes
MINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
October 11, 2007 - 6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on October 11, 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
Don Murray Council Member
Lynn A. Caskey, II Council Member
Sammy Mahan Council Member
Stephen H. DonCarlos Mayor
Garrison C. Brumback City Manager
Robert D. Leiper Deputy City Manager
Kelvin Knauf Assistant City Manager
Ignacio Ramirez City Attorney
Lorri Coody City Clerk
Council Members Sheley and Capetillo 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 Regular Council Meeting and the Work Session
Meeting held on September 27, 2007.
Council Member Mahan moved to approve the minutes with amendments to pages 8 and 9.
Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Yepez, Mahan, and Murray
Mayor DonCarlos
Nays: None
Abstain: Council Member Caskey
The motion carried.
PROPOSED ORDINANCES
Consider Proposed Ordinance adopting the tax rate for General Fund Maintenance and
Operations at $.45700 per $100 valuation for the fiscal year ending September 30, 2008,
and adopting the tax rate for Debt Service at $0.28003 per $100 for the fiscal year ending
September 30, 2008.
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Minutes of the Regular Session Meeting— October 11, 2007
Garry Brumback explained that the Proposed Ordinance adopts the tax rate for General Fund
Maintenance and Operations at $.45700 per $100 valuation for the fiscal year ending September
30, 2008, and adopting the tax rate for Debt Service at $0.28003 per $100 for the fiscal year
ending September 30, 2008.
The City’s tax rate consists of the following two components, each of which must be approved
separately:
1. The rate that, if applied to the total taxable value, will impose the amount of taxes needed to
pay debt service; and
2. The rate that, if applied to the total taxable value, will impose the amount of taxes needed to
fund maintenance and operation expenditures of the City for the next year.
Sections 2 and 3 of the proposed ordinance adopt, assess and levy the tax rate for General Fund
Maintenance and Operations; and Sections 4 and 5 of the proposed ordinance adopt, assess and
levy the tax rate for debt service. The proposed tax rate of $0.45700 per $100 valuation for
maintenance and operations together with the proposed tax rate of $0.28003 per $100 valuation
for debt service does not exceed the effective tax rate or the rollback rate and is the same tax rate
that the City has adopted since 1992. However, because the proposed ordinance sets a tax rate
that, if applied to the total taxable value, will impose an amount of taxes to fund maintenance
and operation expenditures of the taxing unit that exceeds the amount of taxes imposed for that
purpose in the preceding year, the City is required to include in the ordinance setting the rate and
on its website the following statement in large type:
THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS
THAN LAST YEAR'S TAX RATE.
Council Member Caskey moved to approve the Ordinance as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
ORDINANCE NO. 10,728
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADOPTING THE RATE AND TAX LEVY FOR GENERAL FUND MAINTENANCE AND
OPERATION AND DEBT SERVICE FOR THE CITY OF BAYTOWN FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2008, UPON ALL TAXABLE PROPERTY IN SAID CITY
OF BAYTOWN IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND
THE CHARTER PROVISIONS AND ORDINANCES OF SAID CITY; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session Meeting— October 11, 2007
Mayor DonCarlos did not participate in the discussion or vote on the next item as his law firm
conducts business with the parties involved in the item.
Consider Proposed Ordinance approving an Earnest Money Contract with Matthew
Brunson Martin, Mary (Kathryn) M. Jeter, Raymond Hance Martin, Sarah L. Martin,
Edna Heaslet Ackers, Frances Heaslet McManus Williams, Sandra Lee White f/k/a Sandra
Lee McKnight, Christy Bogard Gregory, and Bradley Bogard for the purchase of 56.8632-
acres for certain municipal purposes.
Deputy City Manager Leiper explained that the Proposed Ordinance approves an Earnest Money
Contract with Matthew Brunson Martin, Mary (Kathryn) M. Jeter, Raymond Hance Martin,
Sarah L. Martin, Edna Heaslet Ackers, Frances Heaslet McManus Williams, Sandra Lee White
f/k/a Sandra Lee McKnight, Christy Bogard Gregory, and Bradley Bogard (collectively, the
Sellers) for the purchase of 56.8632-acres for certain municipal purposes. On September 13,
2007, the City Council authorized an interlocal agreement with the Baytown Municipal
Development District (MDD) for the purchase of this property. In such agreement, the City
agreed to attempt to purchase the property and the MDD agreed to pay an amount not to exceed
$425,000.00 for the same. Pursuant to the earnest money contract, the purchase price of the
property is $402,500 with the Sellers retaining the mineral rights. The contract has been signed
by the Sellers but is contingent upon the City Council’s approval as well as an environmental
assessment acceptable to the City. The stated closing date is on or before November 30, 2007
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, and Caskey
Nays: None
Abstained: Mayor DonCarlos
The motion carried.
ORDINANCE NO. 10,729
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE EARNEST MONEY CONTRACT WITH MATTHEW BRUNSON
MARTIN, MARY (KATHRYN) M. JETER, RAYMOND HANCE MARTIN, SARAH L.
MARTIN, EDNA HEASLET ACKERS, FRANCES HEASLET MCMANUS WILLIAMS,
SANDRA LEE WHITE F/K/A SANDRA LEE MCKNIGHT, CHRISTY BOGARD
GREGORY, AND BRADLEY BOGARD FOR THE PURCHASE OF 56.8632-ACRES OF
LAND ADJACENT TO JENKINS PARK; AUTHORIZING THE PAYMENT IN AN
AMOUNT NOT TO EXCEED FOUR HUNDRED TWENTY-FIVE THOUSAND AND
NO/100 DOLLARS ($425,000.00); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
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Minutes of the Regular Session Meeting— October 11, 2007
PROPOSED RESOLUTIONS
Consider Proposed Resolution nominating a candidate to fill the vacancy on the Harris
County Appraisal District Board to represent Cities and Towns other than the City of
Houston.
City Manager Brumback explained that the Proposed Resolution accepts Councils' nomination
for a candidate to fill the vacancy on the Harris County Appraisal District Board to represent
Cities and Towns other than the City of Houston.
Council Member Mahan moved to nominate Steve Daniele to fill this vacancy. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
RESOLUTION NO. 1888
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NOMINATING
A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE HARRIS COUNTY
APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution cancelling the special City Council meeting scheduled for
November 15, 2007, and calling a special City Council meeting for Monday, November 19,
2007, at 6:30 p.m.
Lorri Coody, City Clerk explained that the Proposed Resolution cancels the special City Council
meeting scheduled for November 15, 2007, and calls a Special City Council Meeting for
Monday, November 19, 2007, at 6:30 p.m. The Thanksgiving meeting is normally rescheduled.
This meeting was previously rescheduled for November 15th to accommodate the canvass of
votes from the November 6th bond election. This rescheduling of the Special Council Meeting is
necessary in order to allow additional time to prepare the election returns for the canvass of both
Harris and Chambers Counties.
Council Member Caskey moved to approve the Resolution as submitted. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting— October 11, 2007
RESOLUTION NO. 1889
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
CANCELLING THE SPECIAL CITY COUNCIL MEETING SCHEDULED FOR
NOVEMBER 15, 2007, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL,
BAYTOWN, TEXAS; CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON
NOVEMBER 19, 2007, AT 6:30 P.M. IN THE COUNCIL CHAMBERS OF CITY HALL,
BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
REPORTS
Receive an update on the construction of the Northeast Wastewater Treatment Plant to
include the plant and the three off-site sanitary sewer line contracts.
Richard Carter, Director of Engineering presented a report to council concerning the Northeast
Wastewater Treatment Plant. His report consisted of bringing up-to-date on the status of the 4
separate contracts that are connected with this project as follows:
NEWWTP OFFSITE CONTRACT 1
• Engineer: Pate Engineers
• Contractor: George Construction
• Construction Cost: $ 4,736,187
• Contract Time: 300 Days
• Percent Complete
Cost: 5%
Time: 17%
Anticipated Completion: Summer 2008
NORTHEAST OFFSITE CONTRACT II
• Engineer: Pate Engineers
• Contractor: Huff and Mitchell, Inc.
• Construction Cost: $724,645
• Contract Time: 800 Days
• Percent Complete
Cost: 0%
Time: 0%
Anticipated Completion: Summer 2008
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Minutes of the Regular Session Meeting— October 11, 2007
NEWWTP OFFSITE CONTRACT III
• Engineer: Pate Engineers
• Contractor: To Be Determined.
• Estimated Construction Cost: $ 1,000,000
• Contract Time: 120 Days
• Project is in final design with Bids anticipated January 2008
Anticipated Completion: Summer 2008
NORTHEAST WASTEWATER TREATMENT PLANT
• Engineer: LJA Engineers
• Contractor: CSA Construction
• Construction Cost: $ 17,514,030
• Contract Time: 730 Days
• Percent Complete
Cost: 23%
Time: 52%
Anticipated Completion: Fall 2008
CONSENT
Council Member Mahan moved to approve the Consent agenda items 5a through 5c. Council
Member Caskey seconded the Motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
Consider Proposed Ordinance authorizing an interlocal agreement with the Baytown
Municipal Development District for a Transportation Thoroughfare Plan.
ORDINANCE NO. 10,730
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 THE DEVELOPMENT OF A
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Minutes of the Regular Session Meeting— October 11, 2007
TRANSPORTATION THOROUGHFARE PLAN; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance authorizing an Interlocal Agreement with the Baytown
Municipal Development District to repay a $1 million loan from the State Infrastructure
Bank (SIB) for the flyover from Spur 330 to State Highway 146 South.
ORDINANCE NO. 10,731
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 OF A ONE MILLION AND
NO/100 DOLLARS ($1,000,000.00) SIB LOAN FOR THE DIRECT CONNECTORS AND
BRAIDED RAMP ALONG STATE HIGHWAY 146 AT SPUR 330; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance accepting the Fire Department Equipment Shelter and
authorizing final payment.
ORDINANCE NO. 10,732
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE FIRE DEPARTMENT EQUIPMENT SHELTER PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF SIX THOUSAND THREE
HUNDRED THIRTY-NINE AND 40/100 DOLLARS ($6,339.40) TO DAN'S COMMERCIAL
PLUMBING, LLC, FOR SAID PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
APPOINTMENTS
Consider appointment to the Parks and Recreation Board (1).
Council Member Mahan moved to confirm the Mayor’s appointment of Kevin Jones to serve on
the Parks and Recreation Board for the term to begin on August 31, 2007 and end on August 31,
2010. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
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Minutes of the Regular Session Meeting— October 11, 2007
Consider appointment to the Planning and Zoning Commission (1).
Council Member Caskey moved to confirm the Mayor’s appointment of Daniel D. Williams to
serve on the Planning and Zoning Commission and complete the unexpired term of Lewis
McRee to end on December 31, 2007. Council Member Murray seconded the motion. The vote
follows:
Ayes: Council Members Mahan, Murray, Yepez and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
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
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.
Session not needed.
MANAGER'S REPORT
Early Voting by Personal Appearance will begin on October 22, 2007 and end on
November 2, 2007.
Lorri Coody, City Clerk, gave information to Council concerning early voting branch polling
locations and hours.
Household Hazardous Waste Collection Day - Saturday, October 27 from 8:00 a.m. to 2:00
p.m.
Mike Lester, Director of Health, announced the City’s household hazardous Waste Collection
day.
City Council articles for the November newsletter.
Assistant City Manager, Kelvin Knauf told Council that each November and June, the newsletter
that is included in the utility bill contains an article from the Mayor and each Councilmember.
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Minutes of the Regular Session Meeting— October 11, 2007
th
These articles are needed no later than 5:00 PM on October 18 in order to be included in the
November newsletter.
ADJOURN
Council Member Mahan moved to adjourn the meeting. Council Member Caskey seconded the
motion. The vote follows:
Ayes: Council Members Mahan, Murray, Yepez, and Caskey
Mayor DonCarlos
Nays: None
The motion carried.
With no additional business the meeting adjourned at 6:48 p.m.
______________________________
Lorri Coody, City Clerk