2008 09 22 CC Minutes, Special
MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN
September 22, 2008
The City Council of the City of Baytown, Texas met in a special meeting on September
22, 2008 at 5:00 P.M. in the Council Chamber of the City of Baytown with the following
in attendance:
Lynn Caskey Council Member
Brandon Capetillo Council Member
Terry Sain Council Member
David McCartney Council Member
Scott Sheley Council Member
Stephen H. DonCarlos Mayor
Garrison C. Brumback City Manager
Bob Leiper Deputy City Manager
Kevin Troller Assistant City Manager
Ignacio Ramirez City Attorney
Kaythie Darnell City Clerk
Council Member Yepez was absent from the special meeting of September 22, 2008.
5:00 P.M. Mayor DonCarlos convened the September 22, 2008 special meeting with a
quorum present.
1. Minutes – City Clerk
a. Considered approval of the minutes from the August 28, 2008 regular City
Council meeting.
Motion was made by Council Member Capetillo, seconded by Council Member Caskey
approving the minutes from the August 28, 2008 regular City Council meeting.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
Page 2 of 25 Minutes of September 22, 2008
2. MOTIONS
a. Received the 2008 Appraisal Rolls certified by Harris Appraisal District and
Chambers Appraisal District.
City Manager Brumback summarized the agenda item.
The 2008 Harris County Appraisal Roll was certified on August 28, 2008. In accordance
with Section 26.04(b) of the Texas Property Tax Code, the following values are
submitted:
Total Appraised Value $2,897,138,734
Total Taxable Value $2,148,951,722
Total Uncertified (Taxable Value) $315,830,349
The 2008 Chambers County Appraisal Roll was certified on August 28, 2008.
In accordance with Section 26.04(b) of the Texas Property Tax Code, the following
values were submitted: Total Certified Taxable Value $152,380,360
Motion was made by Council Member Sain, seconded by Council Member McCartney
accepting 2008 Appraisal Rolls certified by Harris Appraisal District and Chambers
Appraisal District.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
b. Received the 2008 Anticipated Collection Rate certified by the City of
Baytown Tax Assessor/Collector.
City Manager Brumback summarized the agenda item.
The City of Baytown Tax Assessor/Collector has certified the anticipated tax collections
for the 2008 tax year to be 100%, in accordance with Section 26.04(b) of the Texas
Property Tax Code. The Certified Collection rate is the tax assessor/collector's estimate
of the total debt collections (current and delinquent years) divided by the current fiscal
year's required debt payments. This rate is used in the calculation of the rollback rate and,
if other than 100% is used, the following year's calculation would, in effect, be penalized.
Motion was made by Council Member Caskey, seconded by Council Member Capetillo
accepting the 2008 Anticipated Collection Rate certified by the City of Baytown Tax
Assessor/Collector.
Page 3 of 25 Minutes of September 22, 2008
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
c. Received the 2008 Effective and Rollback Tax Rate Calculation for the 2008
tax year (Fiscal Year 2008-2009).
City Manager Brumback summarized the agenda item.
In accordance with Section 26.04 of the Texas Property Tax Code, the Governing Body
must receive the effective tax rate and the rollback rates which are calculated at $0.75384
and $0.84665 per $100 valuation, respectively. These rates and the method of calculation
shall be published in accordance with section 26.004 of the Texas Property Tax Code.
Motion was made by Council Member Capetillo, seconded by Council Member Caskey
accepting the 2008 Effective and Rollback Tax Rate Calculation for the 2008 tax year
(Fiscal Year 2008-2009).
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
3. PROPOSED ORDINANCES
Agenda Items 3a through 3f are all related to the adoption of the 2008-2009 Budget
for the City of Baytown and could be taken together, if the City Council so chooses,
in one motion.
City Manager Brumback summarized the Agenda Items 3a through 3f.
Motion was made by Council Member Capetillo, seconded by Council Member Sain
approving Agenda Items 3a through 3f which are all related to the adoption of the 2008-
2009 Budget for the City of Baytown.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
Page 4 of 25 Minutes of September 22, 2008
a. Ordinance 10,958 authorized emergency expenditures as an amendment to
the FY2007-08 Budget due to the recovery and rehabilitation efforts resulting from
the devastation caused by Hurricane Ike.
Ordinance 10,958 authorizes an emergency expenditure as an amendment to the Fiscal
Year 2007-08 due to the recovery and rehabilitation efforts resulting from the devastation
caused by Hurricane Ike. The City of Baytown can amend its budget only in cases of
grave public necessity to meet an unusual and unforeseen condition that could not have
been included in the original budget through the use of reasonably diligent thought and
attention. It is projected that the expenses associated with the clean-up efforts of
Hurricane Ike will be in excess of $7,500,000. This ordinance places $7,500,000 in CIPF
Hurricane Recovery -- $5,000,000 from the fund balance from the General Fund and
$2,500,000 from the City's Water and Sewer Fund.
ORDINANCE NO. 10,958
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AN EMERGENCY
EXPENDITURE AS AN AMENDMENT TO THE FISCAL YEAR 2007-
08 BUDGET DUE TO THE RECOVERY AND REHABILITATION
EFFORTS RESULTING FROM THE DEVASTATION CAUSED BY
HURRICANE IKE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Ordinance 10,959 adopted the 2008-09 Municipal Budget.
Ordinance 10,959 adopts the 2008-09 City of Baytown Budget totaling $110,900,060,
which is a $10,738,698 increase or 10.7% over the 2007-08 Budget. The budget includes
the technical adjustments discussed at the August 28, 2008 work session.
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.
General Fund $59,632,432
General Debt Service Fund 8,757,623
Hotel/Motel Fund 2,002,740
Water and Sewer Fund 32,751,924
Sanitation Fund 4,446,042
Storm Water Utility Fund 844,335
Garage Fund 2,197,282
Page 5 of 25 Minutes of September 22, 2008
Warehouse Operations Fund 267,682
Total $110,900,060
A copy of the budget has been previously provided to the City Council with copies
placed in the Sterling Municipal Library and on the City's website.
ORDINANCE NO. 10,959
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ADOPTING A BUDGET FOR THE ENSUING
FISCAL YEAR, BEGINNING OCTOBER 1, 2008, AND ENDING
SEPTEMBER 30, 2009, IN ACCORDANCE WITH THE CHARTER
AND ORDINANCES OF THE CITY OF BAYTOWN; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
c. Ordinance 10,960 ratified 2008-2009 Property Tax Increase reflected in the
budget.
Ordinance 10,960 ratified 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 $2,280,247 or 13.84%. Section 102.007(c) of the Texas Local Government
Code requires 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, along with the additional ad valorem taxes necessary for the debt service on
the General Obligation Bonds. Because the state statute addresses all increases in
revenues as a "property tax increase", the ordinance has been drafted accordingly.
ORDINANCE NO. 10,960
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, 2008,
AND ENDING SEPTEMBER 30, 2009; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Ordinance 10,961 approved the Baytown Area Water Authority 2008-09
Budget.
Ordinance 10,961 approves the 2008-09 Baytown Area Water Authority (BAWA)
Budget totaling $6,981,327. The BAWA Board met and adopted the BAWA Budget on
Wednesday, August 20, 2008. The Special District Local Laws Code, Section 8104.152
(5), states that the General Manager is to formulate a budget for the BAWA's fiscal year,
Page 6 of 25 Minutes of September 22, 2008
as hereinafter provided, subject to the approval of both the BAWA board and the City
Council of the City of Baytown.
ORDINANCE NO. 10.961
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, 2008, AND ENDING
SEPTEMBER 30, 2009; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
e. Ordinance 10,962 amended the Code of Ordinances, Chapter 98, Utilities,
Section 98-59 and 98-91 to increase water and sewer rates.
Ordinance 10,962 amends the Code of Ordinances, Chapter 98, “Utilities,” Sections 98-
59 and 98-91 to increase water and sewer rates.
Water Rates:
• Inside City Base Rate – from $10.86 to $12.49 (includes first 2, 000 gallons)
• Inside City Consumption Rate - from $4.12 to $4.74 per 1,000 gallons of water used
• Volume User Rate – from $2.70 to $3.11 per 1,000 gallons of water used
• Outside City Base Rate – from $21.72 to $24.98 (includes first 2, 000 gallons)
• Outside City Consumption Rate - from $6.18 to $7.11 per 1,000 gallons of water used
Sewer Rates:
• Inside City Base Rate – from $10.86 to $12.49 (includes first 2, 000 gallons)
• Inside City Consumption Rate - from $3.92 to $4.51 per 1,000 gallons of water used,
with the cap of 12,000 gallons on residential usage.
• Volume User Rate (all water purchased from City) – from $2.41 to $2.77 per 1,000
gallons of water used or wastewater delivered
• Volume User Rate (all water not purchased from City) – from $2.51 to $2.89 per 1,000
gallons of water used or wastewater delivered
• Outside City Base Rate – from $21.72 to $24.98 (includes first 2, 000 gallons)
• Outside City Consumption Rate - from $5.88 to $6.76 per 1,000 gallons of water used
Billing on or after October 1, 2008, will be calculated at the new rates.
ORDINANCE NO. 10,962
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,"
Page 7 of 25 Minutes of September 22, 2008
SUBSECTION (A) "RATE SCHEDULE" AND SUBSECTION (B)
"RESIDENTIAL DWELLING UNITS," SUBPARAGRAPH (1)
"INDIVIDUALLY METERED FOR WATER CONSUMPTION"; AND
SECTION 98-91 "SEWER SERVICE CHARGE," SUBSECTION (F)
"VOLUME USERS" 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.
f. Ordinance 10,963 amended the Code of Ordinances, Chapter 86 "Solid
Waste," Article II "Residential Solid Waste," Division 3 "Fees and Charges and
Billing Procedures," Section 86-101 "Charge for Collection," Subsections (a), (d)
and (e); and Division 2 "Small Business Waste Collection Service," Section 86-166
"Contract for Garbage Collection" of the Code of Ordinances, Baytown, Texas, to
increase the collection rate.
Ordinance 10,963 amended the Code of Ordinances, Chapter 86 "Solid Waste," Article II
"Residential Solid Waste," Division 3 "Fees and Charges and Billing Procedures,"
Section 86-101 "Charge for Collection," Subsections (a), (d) and (e); and Division 2
"Small Business Waste Collection Service," Section 86-166 "Contract for Garbage
Collection" of the Code of Ordinances, Baytown, Texas, to increase the collection rate.
The 2008-09 Budget includes a $1.00 per month increase in the sanitation rate. The
increase is necessary to fund the increase in contract services provided by Waste
Management and escalating operating expenses. The monthly residential sanitation
charge will increase from $14.56 to $15.56. The senior citizen charge will increase from
$11.80 to $12.80. The charges for those multifamily dwelling unit projects containing
eight or fewer dwelling units will increase to $15.56 per unit. When implementing the
rates in accordance with the 2006-07 budget ($1 per-month increase), the ordinance to
increase the commercial rate was overlooked; however the billed commercial customer
rate was increased by $1. An adjustment to the 44 accounts of the commercial customers
will be made for the period October 2006 to the present to only apply the rate authorized
in the previous ordinance. The new rate will increase $2, from $26.50 to $28.50, to
capture the current $1 increase and the previous (2006-2007) $1 increase.
Billing on or after October 1, 2008, will be calculated at the new rates.
ORDINANCE NO. 10,963
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 86 "SOLID WASTE,"
ARTICLE II "RESIDENTIAL SOLID WASTE," DIVISION 3 "FEES
AND CHARGES AND BILLING PROCEDURE," SECTION 86-101
Page 8 of 25 Minutes of September 22, 2008
"CHARGE FOR COLLECTION," SUBSECTIONS (A), (D), AND (E)
OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
INCREASE RESIDENTIAL COLLECTION RATES; AMENDING
CHAPTER 86 "SOLID WASTE," ARTICLE III "COMMERCIAL
SOLID WASTE," DIVISION 2 "SMALL BUSINESS WASTE
COLLECTION SERVICE," SECTION 86-166 "CONTRACT FOR
GARBAGE COLLECTION" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO INCREASE THE COLLECTION RATE;
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.
g. Ordinance 10,964 scheduled City Council schedules public hearings on 2008-
2009 tax rate.
Ordinance 10,964 proposed to increase tax revenues from property on the tax roll in
the preceding year, setting two public hearings on such proposal to increase tax
revenues for the 2008-2009 fiscal year; and setting the meeting at which the City
Council will vote on the proposed tax rate.
City Manager Brumback summarized the agenda item.
The City recently received the certified tax rolls. In order to meet the State law that
requires setting the tax rate within 60 days of receipt of the certified rolls, and to meet the
required action requirements since our proposed tax rate exceeds the effective tax rate, it
is necessary for us to begin this process at this meeting.
The calculation of the effective and rollback tax rates is complicated and we will discuss
the meaning of those "rates" at the Council meeting. Since the proposed tax rate
($0.78703) exceeds the effective tax rate ($0.75384), we are required to take the steps
listed in this agenda item. The State law is very specific as to postings, actions, notices
and ordinances under these circumstances. The record vote that is required on this
ordinance places the consideration of the proposed tax rate on the October 23rd
agenda. This ordinance also calls two Public Hearings on the proposed tax rate, one for
October 2nd (after the MDD meeting) and one for October 9th. This schedule would
allow the Council to set the tax rate on October 23rd which is within the 60-day
requirement.
Motion was made by Council Member Caskey, seconded by Council Member Capetillo
approving Ordinance 10,964.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Page 9 of 25 Minutes of September 22, 2008
Nayes: None.
The motion carried.
ORDINANCE NO. 10,964
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, PROPOSING TO INCREASE TOTAL TAX
REVENUES FROM PROPERTY ON THE TAX ROLL IN THE
PRECEDING TAX YEAR BY 4.4 PERCENT; SETTING DATES,
TIMES AND PLACES FOR TWO PUBLIC HEARINGS ON A
PROPOSAL TO INCREASE TOTAL TAX REVENUES FROM
PROPERTIES ON THE TAX ROLL IN THE PRECEDING TAX YEAR
BY 4.4 PERCENT; SETTING THE MEETING AT WHICH THE CITY
COUNCIL WILL VOTE ON THE PROPOSED TAX RATE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
h. Ordinance 10,965 for the first reading annexing property currently within
the extraterritorial jurisdiction of the City of Baytown and being a 361-acre tract of
land located west of Barkuloo Road, East of Garth Road, North of Archer Road and
South of Interstate 10 in Harris County, Texas.
City Manager Brumback summarized the agenda item.
Ordinance 10,965 proposes to annex property currently within the extraterritorial
jurisdiction of the City of Baytown and being a 360.22-acre tract of land located west of
Barkuloo Road, East of Garth Road, North of Archer Road and South of Interstate 10 in
Harris County, Texas. This is the first reading of the Ordinance required under the City's
Charter.
This is an Involuntary Annexation in order to reach the Second Baptist Church property
on North Main Street.
Motion was made by Council Member McCartney, seconded by Council Member
Capetillo approving Ordinance 10,965.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
Page 10 of 25 Minutes of September 22, 2008
ORDINANCE NO. 10,965
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 361-
ACRE TRACT OF LAND LOCATED WEST OF BARKULOO ROAD,
EAST OF GARTH ROAD, NORTH OF ARCHER ROAD AND SOUTH
OF INTERSTATE 10 IN HARRIS COUNTY, TEXAS, WHICH SAID
TERRITORY LIES ADJACENT TO AND ADJOIN THE PRESENT
BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
i. Ordinance 10,966 approved Meet & Confer Agreement with the Baytown
Municipal Police Association, Inc.
City Manager Brumback summarized the agenda item.
Ordinance 10,966 approves a Meet & Confer Agreement with the Baytown Municipal
Police Association, Inc. The agreement is for a term of three years. The agreement
provides for recruiting incentives in the form of academy reimbursement (up to $2,000),
signing incentives (up to $1,500), relocation reimbursement (up to $2,000), and an
alternative hiring process (up to 5 years credit for past service). The relocation
reimbursement is also available to current employees to encourage them to move into the
City if they currently live outside the city limits.
At the time of agenda preparation, the Association was still voting on the agreement. It is
anticipated that voting will be concluded prior to Council consideration of the agreement.
The Association's bylaws require a minimum level of participation in order to ratify the
agreement.
Motion was made by Council Member Caskey, seconded by Council Member Capetillo
approving Ordinance 10,966.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE NO. 10,966
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING A MEET AND CONFER
AGREEMENT WITH THE BAYTOWN MUNICIPAL POLICE
Page 11 of 25 Minutes of September 22, 2008
ASSOCIATION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
j. Ordinance 10,967 amended Chapter 18 “Buildings and Building
Regulations,” Article I: In General, Section 18-1 “Registration” of the Code of
Ordinances, City of Baytown, Texas, to require contractors performing tree
trimming and debris removal services to register and to require persons registered
to display and produce their registrations.
City Manager Brumback summarized the agenda item.
Ordinance 10, 967 amended Chapter 18 “Buildings and Building Regulations,” Article I
“In General,” Section 18-1 “Registration” of the Code of Ordinances, City of Baytown,
Texas, to require contractors performing tree trimming and debris removal services to
register and to require persons registered to display and produce their registrations. The
City currently has in place registration requirements for construction, electrical,
plumbing, or mechanical work within the City. This ordinance expands the requirements
to include tree trimming and debris removal services performed by contractors for a fee.
The ordinance also requires that all registrants display their registration when soliciting
business and or when requested by the chief building official or police chief. Lastly, the
ordinance includes a provision that any required insurance shall include a provision
which gives the city 30 days' notice prior to cancellation.
Motion was made by Council Member Capetillo, seconded by Council Member
McCartney approving Ordinance 10,967.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE NO. 10,967
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 18 "BUILDINGS AND
BUILDING REGULATIONS," ARTICLE I "IN GENERAL," SECTION
18-1 "REGISTRATION" OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, TO REQUIRE CONTRACTORS PERFORMING
TREE TRIMMING AND DEBRIS REMOVAL SERVICES TO
REGISTER AND TO REQUIRE PERSONS REGISTERED TO
DISPLAY OR PRODUCE THEIR REGISTRATIONS; REPEALING
CONFLICTING ORDINANCES; CONTAINING A SAVINGS
CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND NO/100 DOLLARS ($500.00) FOR EACH
Page 12 of 25 Minutes of September 22, 2008
VIOLATION THEREOF; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
k. Ordinance 10,968 amended Chapter 22 “Civil Emergencies” of the Code of
Ordinances, City of Baytown, Texas, by adding a new article to be numbered and
entitled Article III "Post-Disaster Management" to provide for post-disaster
temporary accommodations for single-family residences and businesses rendered
uninhabitable due to a disaster.
City Manager Brumback summarized the agenda item.
Ordinance 10,968 amends Chapter 22 “Civil Emergencies” of the Code of Ordinances,
City of Baytown, Texas, by adding a new article to be numbered and entitled Article III
"Post-Disaster Management" to provide for post-disaster temporary accommodations for
single-family residences and businesses rendered uninhabitable due to a disaster.
Motion was made by Council Member Captetillo, seconded by Council Member Caskey
approving Ordinance 10,968.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
ORDINANCE NO. 10,968
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 22 "CIVIL
EMERGENCIES," OF THE CODE OF ORDINANCES, CITY OF
BAYTOWN, TEXAS, BY ADDING A NEW ARTICLE TO BE
NUMBERED AND ENTITLED ARTICLE III "POSTDISASTER
MANAGEMENT"; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00);
AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
4. PROPOSED RESOLUTION
a. Resolution 1944 cancelled the Regular Council Meeting scheduled for
September 25, 2008, and called a Special Council Meeting for Thursday, October 2,
2008, at 5:00 P.M.
City Manager Brumback summarized the agenda item.
Page 13 of 25 Minutes of September 22, 2008
Resolution 1944 cancels the Regular Council Meeting scheduled for September 25, 2008,
and calls a Special City Council Meeting for Thursday, October 2, 2008, at 5:00 p.m.
This special meeting is necessary in order for the City Council to hold a public hearing
concerning its proposed tax rate for Fiscal Year 2008-09 and to take care of other
important City business that may arise.
Motion was made by Council Member Sheley, seconded by Council Member Capetillo
approving Resolution 1944.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
RESOLUTION NO. 1944
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, CANCELING THE REGULAR COUNCIL
MEETING TO BE HELD ON SEPTEMBER 25, 2008, AT 6:30 P.M. IN
THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS;
CALLING A SPECIAL COUNCIL MEETING TO BE HELD ON
OCTOBER 2, 2008, AT 5:00 P.M. IN THE COUNCIL CHAMBERS OF
CITY HALL, BAYTOWN, TEXAS: AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
b. Resolution 1945 authorized the transfer of funds between departments in
accordance with Section 68 of the City Charter.
City Manager Brumback summarized the agenda item.
Resolution 1945 authorizes transfer of funds between departments in accordance with
Section 68 of the City Charter. "The City Manager may at any time with the approval of
the Council transfer any unencumbered appropriation balance or portion thereof between
general classifications of expenditures within an office, department or agency. At the
request of the City Manager and within the last three months of the budget year, the
Council may by resolution transfer any unencumbered appropriation balance or portion
thereof from one office, department or agency to another." This is primarily a
"housekeeping" function.
Primarily, the necessary transfers are for the purpose of allocating the compensation
adjustments and workers compensation savings that was budgeted in the overhead
divisions of the major funds. It is necessary to move these compensation adjustments and
Page 14 of 25 Minutes of September 22, 2008
budget savings to the departmental budgets to properly allocate the budgets for the
realized costs and savings.
The financial impact related to the emergency of Hurricane Ike is not reflected in this
action.
Motion was made by Council Member Sheley, seconded by Council Member Caskey
approving Resolution 1945.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
RESOLUTION NO. 1945
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING TRANSFERS OF TWO
HUNDRED NINETY-TWO THOUSAND EIGHT HUNDRED EIGHTY-
NINE AND NO/100 DOLLARS ($292,889.00) FROM VARIOUS
DEPARTMENTS IN THE GENERAL FUND TO GENERAL
OVERHEAD TO DISTRIBUTE THE WORKERS' COMPENSATION
SAVINGS; AUTHORIZING THE TRANSFER OF FIFTY THOUSAND
THREE HUNDRED EIGHTY-EIGHT AND NO/100 DOLLARS
($50,388.00) FROM VARIOUS DEPARTMENTS IN THE WATER
AND SEWER FUND TO GENERAL OVERHEAD TO DISTRIBUTE
THE WORKERS' COMPENSATION SAVINGS; AUTHORIZING
TRANSFERS OF SIX HUNDRED FORTY-SEVEN THOUSAND NINE
HUNDRED NINETY-EIGHT AND NO/100 DOLLARS ($647,998.00)
FROM GENERAL OVERHEAD TO VARIOUS DEPARTMENTS IN
THE GENERAL FUND FOR THE DISTRIBUTION OF
COMPENSATION ADJUSTMENTS; AUTHORIZING TRANSFERS
OF SIXTY-TWO THOUSAND SIX HUNDRED SIX AND NO/100
DOLLARS ($62,606.00) FROM GENERAL OVERHEAD TO
VARIOUS DEPARTMENTS IN THE WATER AND SEWER FUND
FOR THE DISTRIBUTION OF COMPENSATION ADJUSTMENTS;
AUTHORIZING THE TRANSFER OF FORTY-FOUR THOUSAND
SIX HUNDRED SEVEN AND NO/100 DOLLARS ($44,607.00) FROM
GENERAL OVERHEAD TO THE HEALTH, PUBLIC WORKS AND
FINANCE DEPARTMENTS FOR VARIOUS EQUIPMENT AND
SERVICES; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Page 15 of 25 Minutes of September 22, 2008
5. CONSENT
Motion was made by Council Member Sheley, seconded by Council Member Capetillo
approving Consent Agenda Items 5a., 5b., 5c., 5.d., 5e., 5f., 5g., 5h., 5i., 5j., 5k., 5l. and
5m.
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley
and Mayor DonCarlos.
Nayes: None.
The motion carried.
a. Resolution 1946 authorized the Chambers County Mosquito Control
department to use aerial application methods for the purpose of mosquito control
within that portion of Baytown that is within Chambers County.
Resolution 1946 authorized the Chambers County Mosquito Control department to use
aerial application methods for the purpose of mosquito control within that portion of
Baytown that is within Chambers County. This is an annual requirement of the Federal
Aviation Administration (FAA) to obtain approval from various area communities
concerning the Chambers County Mosquito Control District’s aerial spraying program.
Since a portion of the City of Baytown is in Chambers County, the Chambers County
Mosquito Control District must obtain this permission from the City of Baytown to apply
pesticides for the purpose of mosquito control in this area.
RESOLUTION NO. 1946
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE CHAMBERS COUNTY
MOSQUITO CONTROL DEPARTMENT TO USE AERIAL
APPLICATION METHODS FOR THE PURPOSE OF MOSQUITO
CONTROL WITHIN THAT PORTION OF THE CITY OF BAYTOWN
THAT LIES WITH IN CHAMBERS COUNTY, TEXAS; DIRECTING
THE MA YOR TO NOTIFY THE FEDERAL AVIATION
ADMINISTRATION OF SUCH AUTHORIZATION; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Ordinance 10,969 authorized two agreements with Goose Creek Consolidated
Independent School District for law enforcement services.
Ordinance 10,969 authorized two agreements with Goose Creek Consolidated
Independent School District (the "District") for law enforcement services. One agreement
(TRUANCY OFFICER) provides for authorizing one police officer to act as a truancy
officer for the District. Consideration for this service is $38,688.00, which is one-half
(1/2) of the annual salary including benefits for an officer.
Page 16 of 25 Minutes of September 22, 2008
The other agreement (BRIGHT STAR) provides for the City to furnish four police
officers to the District to act as security and patrol. One officer shall be assigned to each
of the following locations:
1.Lee High School
2809 Market Street
Baytown, Texas 77520
2. Sterling High School
300 West Baker Road
Baytown, Texas 77521
3. Alternative Learning Program/School Guidance Center
3922 Decker Drive
Baytown, Texas 77521
4. Goose Creek Memorial High School
6001 E. Wallisville Rd.
Baytown, Texas 77521
The consideration for these services is $211,891.20, which is based upon four officers
working eight hours each day for 178 days in a school year based upon an average rate of
$37.20. Both contracts cover the 2008-2011 school terms. These agreements will provide
the City with additional funds while enabling the police department to maintain the
officers on the force. Further, it provides an immediate means by which to respond to
incidents at the schools and the officers' presence at the schools helps to prevent
incidents.
ORDINANCE NO. 10,969
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AN AGREEMENT FOR LAW
ENFORCEMENT SERVICES WITH THE GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE
TRUANCY PROGRAM AND AN AGREEMENT FOR LAW
ENFORCEMENT SERVICES WITH THE GOOSE CREEK
CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE
BRIGHT STAR PROGRAM AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN AN AMOUNT NOT TO EXCEED TWO
HUNDRED FIFTY THOUSAND FIVE HUNDRED SEVENTY-NINE
AND 20/100 DOLLARS ($250,579.20); AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c. Ordinance 10,970 authorized an interlocal agreement with the Baytown
Municipal Development District for funding up to $201,543 for the Baytown Nature
Center, Crystal Bay Shoreline Stabilization and Fishing Pier Project.
Page 17 of 25 Minutes of September 22, 2008
Ordinance 10,970 authorized an interlocal agreement with the Baytown Municipal
Development District for funding of up to $201,543 for the Baytown Nature Center –
Crystal Bay Shoreline Stabilization and Fishing Pier Project. This project includes:
a. constructing:
1. a 500’ concrete riprap breakwater that connects to the existing breakwater on
Burnet Bay (which was constructed using CMP Cycle 2 funding) to help control
the ongoing erosion along the Crystal Bay shoreline;
2. a t-head pier over the breakwater into Crystal Bay, giving public access to the
recreational and educational resources found at the Baytown Nature Center;
3. a shade structure and interpretive signage on the pier addressing coastal erosion
issues to provide a small educational venue to teach the general public and
students from surrounding school districts; and
4. a new 150 foot concrete trail, which will connect the existing parking area to
the new facilities; and
b. sprigging a Spartina alterniflora salt marsh between the breakwater and the
shoreline for additional erosion control and to protect and preserve a coastal
natural resource area.
The base design of the t-head pier is 100 feet in length. The MDD authorized up to
$50,000 in additional funding to extend the length of the "usable" portion of the pier,
either in overall length or the length of the "T".
The City has been awarded a $165,450 grant (CMP - $99,450, City of Baytown -
$66,300) from the General Land Office – Coastal Management Program Cycle 13. The
breakwater is not eligible for funding with the grant and, if the agreement is approved,
will be funded with MDD dollars. A Corps of Engineers Permit will have to be obtained
before construction can begin. The total project is estimated to cost $225,000, plus the
additional cost for a longer pier.
The grant contract with the General Land Office is expected to be complete before
October 2008.
ORDINANCE NO. 10,970
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 FOR FUNDING OF THE BAYTOWN
NATURE CENTER CRYSTAL BAY SHORELINE STABILIZATION
AND FISHING PIER PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 18 of 25 Minutes of September 22, 2008
d. Ordinance 10,971 renewed the annual contract to Holmes Murphy for
Benefits Consultant/Broker.
Ordinance 10,971 authorizes Holmes & Murphy for Benefits Consultant/Broker in an
amount not to exceed $ 40,000 for contract year October 1, 2008 through September 30,
2009.
Holmes Murphy will provide the following services:
Conduct comprehensive review of summary plan descriptions, contracts, and employee
summaries to outline variances and inconsistencies which may lead to employee
litigation; Clinical management for utilization monitoring, disease management, and
wellness management; Provide annual claims review and recommendations on funding,
projections, rate structures and required reserves to maintain financial viability of the
health benefits program. This will include assisting the City staff in the preparation of
projected new budget figures for the Health/Dental Benefits, Stop Loss, etc; Actuarial
services and Underwriting expertise; Inform the City of health care benefits or industry
practices, costs, and trends on a local, regional and national basis and its effects on the
public and private sector.
ORDINANCE NO. 10,971
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE RENEWAL OF THE
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.
e. Ordinance 10,972 renewed the annual contract with United Healthcare of
Texas, Inc. for Third Party Administrator of the City of Baytown Medical and
Dental Claims and Stop Loss Coverage.
Ordinance 10,972 authorizes United Healthcare of Texas, Inc. for Third Party
Administrator services in an amount not to exceed $ 876,409 for contract year October 1,
2008 through September 30, 2009. Since the City is self-insured, we utilize a TPA to pay
the medical and dental claims, flexible spending accounts, PPO network fees, RX fees,
and administrative fees will be directed through the TPA for payment. Additionally, the
ordinance renews the annual contract with United HealthCare for Specific and Aggregate
Stop Loss Coverage for the City's health benefit program.
In April 2008, staff began the analysis of the City's health care costs with the assistance
of our benefits consultants, Holmes Murphy.
Page 19 of 25 Minutes of September 22, 2008
The City employs approximately 700 full-time employees who are eligible to participate
in the City's benefit plans. All eligible dependents of active employees are allowed to
elect health, dental, and vision coverage, provided the employee has also elected those
coverages. The City also provides health benefits to approximately 200 retired employees
and their dependents and to the surviving dependents of deceased employees/retirees.
The City's strategy is to offer choice to employees in the form of two self-funded PPO
products administered by United HealthCare (UHC). The current plan offerings and
claim administrator have been in place since October 2004. Our goal is to offer quality
and access at a reasonable price so that employees value the benefits offered. Wellness is
an important part of the City's strategy.
The City is developing a long-term strategy, which will encourage employees to make
healthy decisions, and more effectively utilize their health coverage. The City has a long-
standing relationship with UHC; however, the current contract expires October 1, 2008.
Therefore, it was necessary to evaluate the market to determine if our current
arrangement was the most efficient and effective with respect to pricing, network access,
provider discounts, service, and improving the health of our employees.
The City's key objectives are:
• Maintain strong network access
• Obtain aggressive network discounts
• Obtain competitive administrative fees
• Create a strategic partnership
• Receive excellent service
• Partner with a vendor to improve employee s health
• Limit provider disruption
The marketing process resulted in the receipt of six proposals including the renewal from
UHC. After final negotiations and a thorough analysis of the costs, network discounts,
provider networks, and possible disruption, staff concluded, the UHC renewal offered the
most cost effective option for the City. The 2008 2009 UHC renewal for administration
was 21.3% lower than the current rates with 3% caps for renewal in years two and three.
The UHC stop loss quote was 3.6% lower than current. The total estimated savings over
current costs is more than $109,000.
Therefore, staff recommends renewing the medical contract with United Health Care with
two one-year renewal options not to exceed a 3% administrative increase in each year.
ORDINANCE NO. 10,972
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE AGREEMENT WITH
UNITED HEALTHCARE OF TEXAS, INC., AS A THIRD PARTY
ADMINISTRATOR OF MEDICAL AND DENTAL CLAIMS AND FOR
Page 20 of 25 Minutes of September 22, 2008
NETWORK SERVICES ON BEHALF OF THE CITY OF BAYTOWN;
AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED
THREE HUNDRED TWENTY-NINE THOUSAND TWO HUNDRED
FORTY-THREE AND NO/100 DOLLARS ($329,243.00) FOR THE
THIRD PARTY ADMINISTRATOR SERVICES; RENEWING THE
AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC., FOR
THE SPECIFIC AND AGGREGATE STOP LOSS COVERAGE;
AUTHORIZING PAYMENT OF AN AMOUNT NOT TO EXCEED
FIVE HUNDRED FORTY-SEVEN THOUSAND ONE HUNDRED
SIXTY-SIX AND NO/100 DOLLARS ($547,166.00) FOR THE
SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Ordinance 10,973 renewed annual contract to OptumHealth Behavioral
Solutions (formerly United Behavioral Health) for Employee Assistance Program
Services (EAP).
Ordinance 10,973 renewed the annual contract for Employee Assistance Program in an
amount not to exceed $25,176 for contract year October 1, 2008 through September 30,
2009. There is no increase in price for the second year.
The following services are provided: Six counseling sessions per incident or per problem
for employees and their family members; Work/Life services (financial and legal
services); Parenting and Adult/Elder Services; Critical incident stress debriefing; and
training.
ORDINANCE NO. 10,973
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE ADMINISTRATIVE
SERVICES AGREEMENT WITH OPTUMHEALTH BEHAVIORAL
SOLUTIONS, F/K/A 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-SIX AND NO/100
DOLLARS ($25,176.00); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
g. Ordinance 10,974 renewed the annual contract to San Jacinto Medical
Group for City Physician Services.
Ordinance 10,974 authorizes San Jacinto Medical Group for City Physician services in an
amount not to exceed $ 113,100 for contract year October 1, 2008 through September 30,
2009. This is the fourth year the City has utilized Dr. Steven Melcher with San Jacinto
Medical Group and they continue to provide excellent service to the City of Baytown.
Page 21 of 25 Minutes of September 22, 2008
ORDINANCE NO. 10,974
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 THIRTEEN THOUSAND ONE HUNDRED
AND NO/100 DOLLARS ($113,100.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
h. Ordinance 10,975 removed the statutory maximum contribution rate limit on
Texas Municipal Retirement System.
Ordinance 10,975 will allow the city to impose its own "limit" on the contribution rate by
using its discretion in determining which potential plan improvements to adopt, or not
adopt, based on the calculated contribution rate. The TMRS actuary will calculate the
cost of future adoptions and valuation studies each year and forward that rate to the City.
By adoption of this ordinance, the City agrees to fully fund the costs of the pension
benefits included in the City's plan on a yearly basis as part of the annual budget
adoption.
ORDINANCE NO. 10,975
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ELECTING FOR THE CITY TO MAKE
CURRENT SERVICE AND PRIOR SERVICE CONTRIBUTIONS TO
THE CITY'S ACCOUNT IN THE MUNICIPAL ACCUMULATION
FUND OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM AT
THE ACTUARIALLY DETERMINED RATE OF TOTAL EMPLOYEE
COMPENSATION; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
i. Ordinance 10,976 renewed the Purchased Services Agreement with San
Jacinto Medical Group for an employee health clinic including the medical services,
supplies and location.
Ordinance 10,976 renewed the Purchased Services Agreement with San Jacinto Medical
Group for the City of Baytown Wellness Clinic in an amount not to exceed $120,000 for
contract year October 1, 2008 through September 30, 2009.
The ordinance authorized the City to enter into an agreement with San Jacinto Medical
Group to reimburse for the expenses of the salary and benefits to hire a licensed
physician's assistant or a nurse practitioner. This individual will provide free of charge
wellness and medical services three days a week to City of Baytown employees and
Page 22 of 25 Minutes of September 22, 2008
retirees only. The City of Baytown Employees Health & Wellness Clinic will provide
education regarding healthy behaviors and see patients by appointment for acute care,
prevention and screening. By providing these services, the employee and the City will
save on the costs of a doctor office visit, unnecessary laboratory and x-ray fees and
numerous other costs associated with office visits.
The employee health and wellness clinic will be located at San Jacinto Medical Groups'
current occupational health clinic under the direction of Dr. Steven Melcher. The clinic
will be responsible for charting and documenting the visits and for tracking costs that the
clinic has saved the employee benefits plan.
ORDINANCE NO. 10,976
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS. RENEWING THE PURCHASED SERVICES
AGREEMENT WITH SAN JACINTO MEDICAL GROUP FOR AN
EMPLOYEE HEALTH CLINIC INCLUDING THE MEDICAL
SERVICES, SUPPLIES AND LOCATION; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO
EXCEED ONE HUNDRED TWENTY THOUSAND AND NO/100
DOLLARS ($120,000.00); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
j. Ordinance 10,977 awarded the second renewal of the annual Thermo
Pavement Markings Contract.
Ordinance 10,977 awarded the second renewal of the annual thermo pavement markings
contract to Highway Technologies, L.P., in the amount of $179,745.00. Highway
Technologies, LP., submitted a written request to renew the current contract for the same
pricing, terms and conditions. This contract will be used for restriping of thermoplastic
reflectorized pavement markings, thermoplastic railroad crossing legends and lane
markings. Highway Technologies continues to provide excellent service.
ORDINANCE NO. 10,977
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 PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Page 23 of 25 Minutes of September 22, 2008
k. Ordinance 10,978 authorized expenditures for the residential solid waste
collection and disposal services contract.
Ordinance 10,978 authorized expenditures for the residential solid waste collection and
disposal services contract to Waste Management of Texas in the amount of
$2,338,857.12. Current per residential unit pricing is $10.08. Effective October 1st, the
new pricing per residential unit will be $10.58 for 18,422 residential units. Monthly cost
is $194,904.76.
The initial term of the contract commenced on October 1, 2005, and expires September
30, 2010. The following chart indicates each year’s unit pricing under the terms of the
contract:
Year Commencing Price per Unit
October 1, 2005 $9.06
October 1, 2006 $9.60
October 1, 2007 $10.08
October 1, 2008 $10.58
October 1, 2009 $11.11
ORDINANCE NO. 10,978
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 THREE HUNDRED THIRTY-
EIGHT THOUSAND EIGHT HUNDRED FIFTY-SEVEN AND 12/100
DOLLARS ($2,338,857.12); MAKING PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
l. Ordinance 10,979 awarded the third renewal of the annual gasoline and
diesel fuel contract.
Ordinance 10,979 awarded the third renewal of the annual gasoline and diesel fuel
contract to Oil Products Distribution, Ltd., in the amount of $2,039,413.58. Due to the
high cost of fuel, we recommend renewing this annual contract early and changing the
term dates to avoid exceeding the allowable award total. Oil Products Distribution, Inc.,
submitted a written request to exercise their renewal option for another term for the same
profit margin. The total amount includes a 25% increase to the original contract due to
the increased cost for fuel implemented last year. The price per gallon of fuel is based on
the daily Oil Publication Information Sheet (OPIS) price per gallon delivered. Currently,
the City’s contract is for flat OPIS (+or-zero) margin. If the City were to go out for bid
rather than renew, the OPIS profit margin would most likely be plus OPIS which would
Page 24 of 25 Minutes of September 22, 2008
increase fuel costs considerably. The market for fuel is volatile and freight costs for fuel
transport have increased considerably since initiation of this contract three years ago. The
City of Baytown’s portion of this contract is $1,272,979.15. There is no guarantee which
direction the market will go, however, it would be in the best interest of the City of
Baytown to maintain the flat OPIS profit margin. The City of Baytown may terminate
this contract with proper notice at any time and go out for bid. The awarded total includes
all taxes and environment fees for all entities (City of Baytown, Goose Creek ISD,
Barbers Hill ISD, Lee College, and City of Seabrook) included in the Interlocal Contract
for fuel.
ORDINANCE NO. 10,979
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE CONTRACT OF OIL
PRODUCTS DISTRIBUTION, LTD., FOR THE ANNUAL GASOLINE
AND DIESEL FUEL CONTRACT AND AUTHORIZING PAYMENT
BY THE CITY OF BAYTOWN, THE SUM OF TWO MILLION
THIRTYNINE THOUSAND FOUR HUNDRED THIRTEEN AND
58/100 DOLLARS ($2,039,413.58); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
m. Ordinance 10,980 authorized a professional services agreement for the
Houston High Intensity Drug Trafficking Area Program with Stanley E. Furce,
Individually and d/b/a Research International.
Ordinance 10,980 authorized a professional services agreement for the Houston High
Intensity Drug Trafficking Area Program with Stanley E. Furce, Individually and d/b/a
Research International. Since September 1995, the City has administered federal funds
designated for the operation of the Houston High Intensity Drug Trafficking Area
("HIDTA") Major Offender Project. This agreement is similar to that which was entered
into last year and is contingent upon funding by grant/award made available through the
Office of the National Drug Control Policy ("ONDCP"). The agreement obligates the
contractor to provide professional services as directed by HIDTA Executive Committee
and ONDCP. No City funds will be used.
ORDINANCE NO. 10,980
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.
Page 25 of 25 Minutes of September 22, 2008
6. 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.
7. CITY MANAGER'S REPORT
a. Hurricane Ike Update
8. ADJOURN
Motion was made by Council Member Sain, seconded by Council Member Caskey
adjourning the September 22, 2008 special meeting. The vote was as follows:
Ayes: Council Members: Caskey, Capetillo, Sain, McCartney, Sheley,
and Mayor DonCarlos.
Nayes: None.
The motion carried.
6:00 P.M. Mayor DonCarlos adjourned the special City Council meeting of September
22, 2008.
____________________________________
Kaythie Darnell, City Clerk
City of Baytown