2008 06 12 CC Minutes
MINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN
June 12, 2008
The City Council of the City of Baytown, Texas met in regular session on June 12, 2008
at 6:30 P.M. in the Council Chambers of the City of Baytown with the following in
attendance:
Lena Yepez Council Member
Brandon Capetillo Council Member
Terry Sain Council Member
David McCartney Council Member
Scott Sheley Council Member
Stephen H. Don Carlos Mayor
Garrison C. Brumback City Manager
Robert D. Leiper Deputy City Manager
Kaythie Darnell City Clerk
Council Member Caskey was absent from the City Council Meeting.
6:30 P.M. Mayor DonCarlos convened the June 12, 2008 regular meeting with a quorum
present.
Council Member Sheley led the Pledge of Allegiance to the United States of America.
Invocation by Reverend Beverly Tune, Grace United Methodist Church.
1. MINUTES
a. Minutes from the May 19, 2008 City Council regular session.
Motion was made by Council Member Sheley, seconded by Council Member Capetillo
approving the Minutes for the May 19, 2008 special meeting as presented. The vote was
as follows:
Ayes: Council Members Yepez, Capetillo, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None
The motion carried.
Page 2 of 17 Minutes of the Regular Meeting on June 12, 2008
2. RECOGNITIONS AND CITIZENS COMMUNICATIONS
Mayor DonCarlos recognized and honored the public service of former Council Members
Don Murray and Sammy Mahan with a plaque from the City of Baytown thanking them
for their dedicated service.
Council Member Don Murray reflected on his service as a City Council Member for the
City of Baytown.
Council Member Terry Sain was given the oath of office publicly by Mayor DonCarlos,
and Council Member Sain took his seat at the dais.
a. Citizen Communication - Ken Williamson addressed the City Council concerning
the ordinance referencing the cost of recycling.
b. Citizen Communication - Shirley Smith addressed the City Council concerning bike
trails.
c. Citizen Communication-Larry Phillips addressed the City Council concerning
personal financial and medical circumstances in reference to the recycling fee.
d. Citizen Communication-Clint Johnson provided photos and addressed the City
Council concerning the sidewalks in the Kilgore Street Project.
Citizens who registered to speak on an item on the City of Baytown City Council Regular
Meeting:
Reba Eichelberger, 2008 Oak Shadows, Baytown, Texas addressed the recycling fee.
Debbie Griffin, 807 SunnyBrook, Baytown, Texas addressed the recycling ordinance.
Naomi Gasse, 410 Scarlett, Baytown, Texas addressed the recycling ordinance.
Mayor DonCarlos advised the people in attendance that he had requested that the Legal
Department research the possibility of an option for the physically disabled to be
excluded from participation of the recycling program.
e. Police Chief's Awards of Excellence. Chief Keith Dougherty recognized the
following officers: Ricardo Cruz, Monica Coleman, Danny McWilliams, Chris Felder,
Mike Hellman for the Commanders Award of Excellence.
f. Welcome New Police Officers. Chief Keith Dougherty welcomed new Police
Officers: Ivan Martinez, Jared Hoevelman, Jason Hutchins, Joshua Perales, Javier
Galindo Jr. and Robert Ramlal to the City of Baytown.
3. ORDINANCES
Page 3 of 17 Minutes of the Regular Meeting on June 12, 2008
a. Conducted the Second Reading of the Ordinance annexing 127.6412 acres.
Ordinance 10,884, second reading, annexed property currently within the extra-territorial
jurisdiction of the City of Baytown and being described as the 127.6412-acre tract of land
in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas, and the B. B. & C.
Railroad Survey, Abstract 61, Chambers County, Texas, and being all of that certain tract
23.4590 acres (called 23.407 acres Tract 2) and all of that certain 92.8172 acres (called
92.706 acres Tract 3) 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 records of Chambers County, Texas; together with part of that certain 250 feet
wide strip of land conveyed to Houston Lighting and Power Company by deed recorded
in volume 292 at page 613 of the deed records of Chambers County, Texas; part of that
certain 25 feet wide strip of land conveyed to South Pacific Railroad by deed recorded in
volume 493 at page 655 of the Official Records of Chambers County, Texas, and part of
that certain 50-foot wide strip of land conveyed to South Pacific Railroad by deed
recorded in volume 180 at page 608 of the Deed Records of Chambers County, Texas.
Staff recommended approval.
City Manager Brumback summarized Ordinance 10,884.
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Ordinance 10,884 as presented. The vote was as follows:
Ayes: Council Members Yepez, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None
The motion carried.
ORDINANCE 10,884
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE
ANNEXATION OF A 127.6412-ACRE TRACT OF LAND IN THE JACOB
ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS, AND
THE B. B. & C. RAILROAD SURVEY, ABSTRACT 61, CHAMBERS COUNTY,
TEXAS, AND BEING ALL OF THAT CERTAIN TRACT 23.4590 ACRES (CALLED
23.407 ACRES TRACT 2) AND ALL OF THAT CERTAIN 92.8172 ACRES (CALLED
92.706 ACRES TRACT 3) 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 RECORDS
OF CHAMBERS COUNTY, TEXAS; TOGETHER WITH PART OF THAT CERTAIN
Page 4 of 17 Minutes of the Regular Meeting on June 12, 2008
250 FOOT WIDE STRIP OF LAND CONVEYED TO HOUSTON LIGHTING AND
POWER COMPANY BY DEED RECORDED IN VOLUME 292 AT PAGE 613 OF
THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS; PART OF THAT
CERTAIN 25 FOOT WIDE STRIP OF LAND CONVEYED TO SOUTHERN PACIFIC
RAILROAD BY DEED RECORDED IN VOLUME 493 AT PAGE 655 OF THE
OFFICIAL RECORDS OF CHAMBERS COUNTY, TEXAS AND PART OF THAT
CERTAIN 50-FOOT WIDE STRIP OF LAND CONVEYED TO SOUTHERN PACIFIC
RAILROAD BY DEED RECORDED IN VOLUME 180 AT PAGE 608 OF THE DEED
RECORDS OF CHAMBERS COUNTY, TEXAS, WHICH SAID TERRITORY LIES
ADJACENT TO AND ADJOINS THE PRESENT BOUNDARY LIMITS FOR THE
CITY OF BAYTOWN, TEXAS.
b. Considered placing the annexation of 127.6412-acre tract in Council District 5.
Ordinance 10,902 placing the property annexed into the City of Baytown
in the previous agenda item and being described as a 127.6412 acre tract or parcel of
land situated in the Jacob Armstrong Survey, Abstract 2, Chambers County, Texas, and
the B. B. & C. Railroad Survey, Abstract 61, Chambers County, Texas, and being all of
that certain tract 23.4590 acres (called 23.407 acres Tract 2) and all of that certain
92.8172 acres (called 92.706 acres Tract 3) 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 records of Chambers County, Texas; together
with part of that certain 250 feet wide strip of land conveyed to Houston Lighting and
Power Company by deed recorded in volume 292 at page 613 of the deed records of
Chambers County, Texas; part of that certain 25 feet wide strip of land conveyed to
South Pacific Railroad by deed recorded in volume 493 at page 655 of the Official
Records of Chambers County, Texas, and part of that certain 50-foot wide strip of land
conveyed to South Pacific Railroad by deed recorded in volume 180 at page 608 of the
Deed Records of Chambers County, Texas.in Council District 5.
Staff recommended approval.
City Manager Brumback summarized Ordinance 10,902.
Motion was made by Council Member Capetillo, seconded by Council Member Sain
approving Ordinance 10,902 as presented. The vote was as follows:
Ayes: Council Members Yepez, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None
The motion carried.
Page 5 of 17 Minutes of the Regular Meeting on June 12, 2008
ORDINANCE 10,902
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
MAKING CERTAIN FINDINGS; PROVIDING FOR THE EXTENSION OF CERTAIN
BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE
ANNEXATION OF A 127.6412-ACRE TRACT OF LAND IN THE JACOB
ARMSTRONG SURVEY, ABSTRACT 2, CHAMBERS COUNTY, TEXAS, AND
THE B. B. & C. RAILROAD SURVEY, ABSTRACT 61, CHAMBERS COUNTY,
TEXAS, AND BEING ALL OF THAT CERTAIN TRACT 23.4590 ACRES (CALLED
23.407 ACRES TRACT 2) AND ALL OF THAT CERTAIN 92.8172 ACRES (CALLED
92.706 ACRES TRACT 3) 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 RECORDS
OF CHAMBERS COUNTY, TEXAS; TOGETHER WITH PART OF THAT CERTAIN
250 FOOT WIDE STRIP OF LAND CONVEYED TO HOUSTON LIGHTING AND
POWER COMPANY BY DEED RECORDED IN VOLUME 292 AT PAGE 613 OF
THE DEED RECORDS OF CHAMBERS COUNTY, TEXAS; PART OF THAT
CERTAIN 25 FOOT WIDE STRIP OF LAND CONVEYED TO SOUTHERN PACIFIC
RAILROAD BY DEED RECORDED IN VOLUME 493 AT PAGE 655 OF THE
OFFICIAL RECORDS OF CHAMBERS COUNTY, TEXAS AND PART OF THAT
CERTAIN 50-FOOT WIDE STRIP OF LAND CONVEYED TO SOUTHERN PACIFIC
RAILROAD BY DEED RECORDED IN VOLUME 180 AT PAGE 608 OF THE DEED
RECORDS OF CHAMBERS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 5;
REPEALING ORDINANCES INCONSISTENT HEREWITH; CONTAINING A
SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
c. MDD Interlocal for Art League Property. The Ordinance 10,903 authorized an
interlocal agreement with the Baytown Municipal Development District ("MDD") for
funding for the acquisition of property for an art exhibition facility. The Art League of
Baytown, Incorporated, has found a building for $120,000 that they wish the City to
purchase. Pursuant to the interlocal agreement, the MDD will provide $100,000.00 for
the purchase of the property and the City will endeavor to acquire the same. However,
the City’s acquisition shall be contingent upon the following:
an appraisal acceptable to the City evidencing the value of the property meets or
exceeds the sales price of $120,000.00,
an inspection report satisfactory to the City,
an environmental site assessment satisfactory to the City.
Staff recommended approval.
City Manager Brumback noted that the inspection and appraisal were in compliance for
Ordinance 10,903.
Page 6 of 17 Minutes of the Regular Meeting on June 12, 2008
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Ordinance 10,903 as presented. The vote was as follows:
Ayes: Council Members Yepez, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None
The motion carried.
ORDINANCE 10,903
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 AN INTERLOCAL AGREEMENT WITH THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE
ACQUISTION OF PROPERTY FOR A DEVELOPMENT PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Earnest Money Contract for Art Exhibition Facility. Ordinance 10,904
authorized an earnest money contract for the purchase of property located at 110 W.
Texas Avenue, Baytown, Harris County, Texas, from Cheryl Ann Collins-Ivey for an art
exhibition facility. The purchase is contingent upon the following conditions:
1. an appraisal acceptable to the City evidencing the value of the Property meets or
exceeds the sales price of $120,000.00,
2. an inspection report satisfactory to the City,
3. an environmental site assessment satisfactory to the City,
4. the receipt of $20,000.00 from the Art League of Baytown, Incorporated, for the
purchase of the Property, and
5. the receipt of $100,000.00 from the Baytown Municipal Development District.
Staff recommended approval.
City Manager Brumback summarized Ordinance 10,904.
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Ordinance 10,904 as presented. The vote was as follows:
Ayes: Council Members Yepez, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None
The motion carried.
Page 7 of 17 Minutes of the Regular Meeting on June 12, 2008
ORDINANCE 10,904
AN ORDIFNANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT 110 W.
TEXAS AVENUE, BAYTOWN, HARRIS COUNTY, TEXAS, AND MORE
PARTICULARLY DESCRIBED AS LOTS 4, 5, 20 AND 21, BLOCK 19, GOOSE
CREEK TOWNSITE, BAYTOWN, HARRIS COUNTY, TEXAS, FROM CHERYL
ANN COLLINS-IVEY; DIRECTING THE CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO AN EARNEST MONEY CONTRACT FOR
SUCH PURCHASE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
4. RESOLUTIONS
a. Annexation Petition for property along N. Main Street.
Resolution 1931accepted the petition for annexation along North Main Street. Staff has
been working on various phases of annexations to reach Goose Creek Memorial High
School. This is the final annexation piece to reach and include the high school. This is a
voluntary annexation involving seven property owners. A fifty-foot strip will be annexed
along the east side of North Main Street from the Baytown Fairgrounds north to north of
Wallisville. The annexation then crosses N. Main to encompass the school.
Staff recommended approval.
City Manager Brumback summarized Resolution 1931.
Motion was made by Council Member Sain, seconded by Council Member Sheley
approving Resolution 1931as presented. The vote was as follows:
Ayes: Council Members Yepez, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None
The motion carried.
RESOLUTION 1931
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
GRANTING THE PETITION OF (1) BAYTOWN YOUTH FAIR AND LIVESTOCK
ASSOCIATION, INC., (II) EFRAIN GARCIA, (III) GTE SOUTHWEST
INCORPORATED, (IV) C. R. WOODS, (V) ROBERT R. TUCK, POST NO. 912,
VETERANS OF FOREIGN WARS OF THE UNITED STATES, BAYTOWN, TEXAS,
(VI) KEITH MARSHALL, (VII) ZULFIQAR R. ALI, AND (VIII) GOOSE CREEK
Page 8 of 17 Minutes of the Regular Meeting on June 12, 2008
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT, CONCERNING THE
ANNEXATION OF (I) A PORTION OF TRACT 67, HARRIS COUNTY, TEXAS, (II)
A PORTION OF TRACT 8D, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS
COUNTY, TEXAS (III) A PORTION OF TRACT 8C, ABSTRACT 21 OF THE G.
ELLIS SURVEY, HARRIS COUNTY, TEXAS, (IV) A PORTION OF TRACT 8C-2,
ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, (V) A
PORTION OF TRACT 8f, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS
COUNTY, TEXAS, (VI) A PORTION OF TRACT 8, ABSTRACT 21 OF THE G.
ELLIS SURVEY, HARRIS COUNTY, TEXAS, (VII) A PORTION OF TRACT 38a,
ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY, TEXAS, AND
(VIII) TRACT 57a, ABSTRACT 21 OF THE G. ELLIS SURVEY, HARRIS COUNTY,
TEXAS; AUTHORIZING THE PREPARATION OF A SERVICE PLAN; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Annexation petition concerning 0.419 acres in the ETJ granted the petition of a
0.419-acre tract of land out of the northwest corner of that certain 5.66 acre tract, more or
less, out of Block 2 of Unit "D" of Elena Fruit and Cotton Farms, Harris County, Texas,
as reflected by the map or plat thereof of record in Volume 7, Page 49 of the map records
of Harris County, Texas.
City Manager Brumback advised the City Council that the applicant had withdrawn the
application.
c. Intervention in CenterPoint's Advanced Meter System Filings.
Resolution 1932 authorized the City of Baytown to participate in PUC Docket Nos.
35620 and 35639 regarding the deployment of advanced meters in the service territory of
CenterPoint Energy Houston Electric, LLC, (“CenterPoint”) through a coalition of cities
known as Texas Coast Utilities Coalition (“TCUC”). CenterPoint filed filed two
applications at the Public Utility Commission of Texas (“PUC”) dealing with deployment
of advanced meters. As part of these filings, CenterPoint is requesting
recovery of over $400 million in costs related to the deployment of advanced
meters.
two surcharges be implemented on an interim basis in July, 2008.
o $1.75 per month surcharge for all residential customers, and
o $4.75 per month surcharge for all customers of Retail Electric Providers
(“REPs”) with advanced meters.
The Deployment Plan as presented in CenterPoint’s applications contends that there are
no offsetting benefits or savings to CenterPoint.
The procedural schedule proposed for the two dockets is extremely aggressive, especially
in light of the fact that CenterPoint filed its application in the two proceedings in May
2008. Through the intervention, the City seeks to protect the residents and businesses
within the City who may be adversely impacted by the outcome of these proceedings.
Page 9 of 17 Minutes of the Regular Meeting on June 12, 2008
The proposed resolution authorizes participation in the PUC dockets and authorizes the
hiring of counsel and experts through TCUC.
Staff recommended approval.
City Manager Brumback summarized Resolution 1932.
Motion was made by Council Member Capetillo, seconded by Council Member
McCartney approving Resolution 1932 as presented. The vote was as follows:
Ayes: Council Members Yepez, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None
The motion carried.
RESOLUTION 1932
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY TO PARTICIPATE IN PUC DOCKET NOS. 35620 AND
35639, DEALING WITH THE DEPLOYMENT OF ADVANCED METERS IN THE
SERVICE TERRITORY OF CENTERPOINT ENERGY HOUSTON ELECTRIC
THROUGH A COALITION OF CITIES KNOWN AS TEXAS COAST UTILITIES
COALITION; AUTHORIZING THE HIRING OF COUNSEL AND EXPERTS
THROUGH THE TEXAS COAST UTILITIES COALITION; REQUIRING THE
REIMBURSEMENT OF REASONABLE RATE CASE EXPENSES; MAKING SUCH
OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
6. MOTIONS
a. Considered revisions to the 2007 Bond Project Implementation Schedule. The
City Council approved the revisions to the 2007 Bond Project Implementation Schedule
as presented by Deputy City Manager Leiper.
On July 26, 2007, City Council approved the Project Implementation Schedule for the
then-proposed 2007 General Obligation Bond Election. Proposition Five was not
approved by the voters and staff has reviewed the schedule to determine if adjustments
are appropriate to initiate and complete projects as quickly as possible.
Four revisions are recommended:
1. Aquatics Master Plan: Increase Year 3 funding to $3,600,000 to avoid the need for
advance funding and to provide earlier completion of the N. C. Foote Family Swim
Center. Year 4 is reduced a like amount and will continue to fund spraygrounds.
2. 9-1-1 Center and Fiber Upgrades: Advance $1,000,000 in funding from Year 4 to Year
Page 10 of 17 Minutes of the Regular Meeting on June 12, 2008
3 to allow design and engineering to begin earlier. This project will have a long design
lead time and this will ensure that the project is ready for construction when Year 5
construction funding is available.
3. Baker Road Extension: Advance $750,000 from Year 5 to Year 3 to allow design to
begin earlier. Also advance the remainder of design funds ($750,000) from Year 5 to
Year 4. There is often grant funds available through H-GAC that can be awards to
projects that are designed and ready to proceed. Advancing this design will place us in a
better position to receive grant funds and to possibly be able to construct both phases of
the road under the current funding allocation.
4. North Central Fire Station: Advance $700,000 from Year 5 to Year 4 to allow design
to begin earlier. Advance $1,000,000 from Year 6 to Year 5 to possibly allow
construction to begin in Year 5 by "borrowing" other unspent bond funds to be repaid in
Year 6. This would allow this project to advance without delaying others.
The is no net impact on the total $79,975,000 bond package or on the individual
allocation of approved projects.
These changes have been discussed with the Citizens Bond Advisory Committee and they
have endorsed the changes.
Staff recommended approval.
There was consensus among the City Council Members approving the changes presented
by Deputy City Manager Bob Leiper and Citizens Bond Advisory Committee, Chair,
Gilbert Santana.
b. Discussed and approved the Street Maintenance Sales Tax Multi-Year
Neighborhood Plan.
Motion was made by Council Member Sain, seconded by Council Member Capetillo
approving the Street Maintenance Sales Tax Multi-Year Neighborhood Plan
as presented. The vote was as follows:
Ayes: Council Members Yepez, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None
The motion carried.
6. DISCUSSIONS
a. Discussed the dates and times for budget work sessions. The City Council indicated
there were no conflicts with the dates of Tuesday, August 5, 2:00 – 5:00 P.M.;
Wednesday, August 6, 2:00 – 5:00 P.M.; and, Thursday, August 7, 2:00 – 4:00 P.M. The
Municipal Development District meeting will be scheduled for 4:30 P.M.
Page 11 of 17 Minutes of the Regular Meeting on June 12, 2008
b. Bus Circulator Program Discussion. Deputy City Manager and Ken Fickles with
Harris County briefed the City Council on the proposed Baytown Circulator- Public
Transportation Bus Program.
7. CONSENT
Motion was made by Council Member Sheley, seconded by Council Member Capetillo
approving consent agenda items: 7.a., 7.b., 7.c., 7.d., 7.e., 7. f. and 7.g. The vote was as
follows:
Ayes: Council Members Yepez, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None
The motion carried.
a. Interlocal with the MDD for waterline upsizing on N. Main.
Ordinance 10,905/Interlocal Agreement with the Baytown Municipal Development
District for the North Main waterline project. Second Baptist Church is constructing a
new campus on North Main Street approximately one mile south of I-10. An agreement
has been reached with the church to cost share an upsized water line that will meet the
needs of the church and support future development. The MDD allocates funds for just
such utility upsizing projects.
This interlocal agreement will provide up to $225,000 for the construction of
approximatley 3,500 linear feet of 12" water line with necessary fire hydrants. The
church will contribute approximately $150,000 to the project as follows:
1. $75,000 payment prior to City award of the construction contract
2. Furnish design and engineering on the water line to City specifications
3. Convey approximately 10,000 sf of property for a future wastewater lift station
4. Dedicate a 25' utility easement across the entire frontage of the property.
ORDINANCE 10,905
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 AN INTERLOCAL AGREEMENT WITH THE BAYTOWN
MUNICIPAL DEVELOPMENT DISTRICT REGARDING FUNDING FOR THE
NORTH MAIN WATER LINE UPSIZING PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Annual Liquid Chlorine Contract #049-08.
Page 12 of 17 Minutes of the Regular Meeting on June 12, 2008
Ordinance 10,906 awarded the annual liquid chlorine contract to Altivia Corporation in
the amount of $107,944. Invitations to bid were sent to five suppliers and we received
three responses. The price per ton, $524.00, is a 7.1% decrease compared to last year’s
price per ton. Quantities have been increased to allow for the new Wastewater Treatment
Plant when it goes on line. This contract is used for chlorination in the City of Baytown’s
Wastewater Treatment Plants.
ORDINANCE 10,906
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING THE BID OF ALTIVIA CORPORATION, FOR THE ANNUAL LIQUID
CHLORINE CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, IN THE AMOUNT OF ONE HUNDRED SEVEN THOUSAND NINE
HUNDRED FORTY-FOUR AND NO/100 DOLLARS ($107,944.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c. Emergency Debris Removal Services.
Ordinance 10,907 authorized the City Manager to negotiate and execute standby
contracts for the RFP for Emergency Debris Removal Services.
The Emergency Management Coordinator requested the City Council authorize the City
Manager and his designee(s) to negotiate and execute up to 5 no-upfront-cost, standby
contracts for emergency debris clearance, removal, and disposal of disaster debris from
the streets, lands, ditches, and shorelines after a hurricane or other disaster.
The City requested formal proposals (RFP) for these services, related equipment, and
emergency support services, in a public notice on March 20 and 27, 2008, and sent the
RFP to 29 contractors. On May 1st, the Purchasing Division opened the sealed proposals
from 10 respondent contractors, all of which met the conditions of the RFP.
A 6 person review committee, made up of Senior Staff members and a representative
from Precinct 2, reviewed all of the proposals and recommended them for negotiation
towards securing as many standby contracts as the City could reasonably execute. Their
recommendation was to secure at least 3 stacked contractors to clear streets and public
lands and then to remove and dispose of potentially millions of cubic yards of demolished
trees, building materials, hazardous wastes, furniture, and vehicles from Baytown after
any disaster event, especially a hurricane. Additionally, the committee recommended
that the City negotiate a contract with one of the contractors who has experience in
removing and disposing of ‘wet’ debris and derelict or abandoned vessels from the
waterways and shorelines (i.e. Goose Creek, Cary’s Bayou, Wetlands Center, etc.). These
contracts establish quantity-based pricing for services which will depend upon the
amount of debris picked up, transported, disposed of, and/or time and supplies for
equipment or services used.
Page 13 of 17 Minutes of the Regular Meeting on June 12, 2008
ORDINANCE 10,907
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE UP TO 5
NO-UPFRONT-COST, STANDBY CONTRACTS FOR EMERGENCY CLEARANCE,
REMOVAL, AND DISPOSAL OF DISASTER DEBRIS FROM THE STREETS,
LANDS, DITCHES, AND SHORELINES; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
d. Construction Contract for Public Works Maintenance Building Project.
Ordinance 10,908 awarded a construction contract in the amount of $220,500.00 to
Montgomery Building Services, LLC., for the Public Works Maintenance Building
Project. The scope of work for the project is to furnish one 60' x 110' x19' eave height
single slope roof metal building with a 20' x 110' canopy. In addition, the contract also
includes the foundation for the building, installation of electrical wiring and fixtures, a
HVAC system for one small room in the building, grading, and removal of excess
material and debris after construction is completed. The engineers estimated construction
cost for the project was $200,000.00. The bid tabulation sheet and the letter of
recommendation from the engineer are attached. The construction duration is 90 calendar
days. Funds are available for this project from CIPF and general fund.
ORDINANCE 10,908
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH MONTGOMERY BUILDING
SERVICES, LLC, FOR THE PUBLIC WORKS MAINTENANCE BUILDING
PROJECT; AUTHORIZING PAYMENT OF A SUM OF TWO HUNDRED TWENTY
THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($220,500.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
e. Construction Contract for Tri-City Beach Road Waterline Extension
Project.
Ordinance 10,909 awarded a construction contract for the Tri-City Beach Road Waterline
Extension Project in the amount of $146,503.75 to Crostex Construction, Inc.,. The
scope of work includes construction of approximately 3,200 linear feet of 12” water line
extension within the right-of-way of Tri-City Beach Road and approximately 535 linear
feet of 8” water line along Bay Island Boulevard connecting to existing water line in Bay
Oaks Harbor Subdivision, including appurtenances, testing, disinfection, fire hydrants,
site restoration and clean up. The engineers construction cost estimate was $170,000.00.
The bid tabulation sheet and letter of recommendation from the engineer are attached.
Page 14 of 17 Minutes of the Regular Meeting on June 12, 2008
The construction duration is 90 calendar days. Funds are available for this project from
2006 C.O. Bonds.
ORDINANCE 10,909
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO
EXECUTE AND ATTEST TO A CONTRACT WITH CROSTEX CONSTRUCTION,
INC., FOR THE TRI-CITY BEACH ROAD WATERLINE EXTENSION PROJECT;
AUTHORIZING PAYMENT OF A SUM OF ONE HUNDRED FORTY-SIX
THOUSAND FIVE HUNDRED THREE AND 75/100 DOLLARS ($146,503.75);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVISING FOR
THE EFFECTIVE DATE THEREOF.
f. Annual Recycling Center Operations Contract #078-08 Renewal.
Ordinance 10,910 awarded the third renewal of the annual recycling center contract to
Waste Management of Texas in the amount of $73,217.40. Waste Management submitted
a written request to renew the current contract with an allowable 3.9% consumer price
index increase. Monthly operations for the recycling center will be $3,254.81. The per
haul cost will be $237.22 with approximately twelve (12) hauls per month.
ORDINANCE 10,910
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF WASTE MANAGEMENT OF TEXAS FOR THE
ANNUAL RECYCLING CENTER CONTRACT AND AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN, THE SUM OF SEVENTY-THREE THOUSAND
TWO HUNDRED SEVENTEEN AND 40/100 DOLLARS (73,217.40); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
g. Radio Replacement Purchase.
Ordinance 10,911authorized the purchase of 800 MHz digital mobile radios from
Motorola, Inc. in the amount of $899,455.80.
Ordinance 10,911 authorized the purchase of 800 MHz digital mobile radios from
Motorola, Inc. in the amount of $912,947.64. This purchase is the first step in upgrading
the current analog mobile radios to digital format for the Police Department. The
portable radios will be upgraded in future years. Funding is available through the 2008
Bond Program. Attached is the sole source HGAC contract pricing worksheet. This item
was presented to and received favorable recommendation by the Citizens Bond Advisory
Committee. Total equipment cost equals $899,455.80 and the HGAC fee equals
$13,491.84.
ORDINANCE 10,911
Page 15 of 17 Minutes of the Regular Meeting on June 12, 2008
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF EIGHT HUNDRED NINETY-NINE
THOUSAND FOUR HUNDRED FIFTY-FIVE AND 80/100 DOLLARS ($899,455.80)
TO MOTOROLA, INC., THROUGH THE HOUSTON-GALVESTON AREA
COUNCIL FOR THE PURCHASE OF 800 MHZ DIGITAL MOBILE RADIOS;
MAKING OTHER PROVISIONS RELATEDTHERETO; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
8. APPOINTMENTS
a. Announcement of the Mayor's Appointments to the A&E and Finance
Subcommittees.
Mayor DonCarlos appointed Council Member Sain to the Architectural and Engineering
Subcommittee and Council Member McCartney to the Finance Subcommittee.
b. Consider Appointment to the Baytown Industrial Development
Corporation Board.
Mayor DonCarlos recommended Council Member David McCartney to the Baytown
Industrial Development Corporation Board (1).
Motion was made by Council Member Sain, seconded by Council Member Capetillo
appointing Council Member David McCartney. The vote was as follows:
Ayes: Council Members Yepez, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None
The motion carried.
c. Consider Appointment to the Community Development Advisory
Committee.
Council Member Sain recommended Jerry Smith to the Community Development
Advisory Committee (CDAC) to represent District 4.
Motion was made by Council Member Sain, seconded by Council Member Sheley
appointing Jerry Smith. The vote was as follows:
Ayes: Council Members Yepez, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Page 16 of 17 Minutes of the Regular Meeting on June 12, 2008
Nayes: None
The motion carried.
d. Consider appointment to the Crime Control and Prevention District
Board.
Mayor DonCarlos requested that this appointment be tabled.
e. Consider Appointment to the Fire Control, Prevention and Emergency
Medical Services District Board.
Council Member Sain recommended Gerald Baldwin to the Baytown Fire Control,
Prevention and Emergency Medical District Board (1).
Motion was made by Council Member Sain, seconded by Council Member Capetillo
appointing Gerald Baldwin. The vote was as follows:
Ayes: Council Members Yepez, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None
The motion carried.
f. Consider Appointment to the Municipal Development District Board of
Directors.
Mayor DonCarlos requested that this appointment to the Baytown Municipal
Development District Board of Directors (1) be tabled.
9. 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 hereinbelow, 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.
The City Council did not recess into Executive Session.
10. CITY MANAGER'S REPORT.
Page 17 of 17 Minutes of the Regular Meeting on June 12, 2008
There was no report.
11. ADJOURN
Motion was made by Council Member Capetillo, seconded by Council Member Yepez
adjourning the City Council regular meeting. The vote was as follows:
Ayes: Council Members Yepez, Capetillo, Sain, McCartney, Sheley and Mayor
DonCarlos.
Nayes: None
The motion carried and the meeting adjourned at 8:38 P.M.
____________________________
Kaythie Darnell, City Clerk