2008 10 23 CC Minutes
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE
CITY OF BAYTOWN
October 23, 2008
The City Council of the City of Baytown, Texas met in regular meeting on October 23,
2008 at 6:30 P.M. in the Council Chamber 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. 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 Lynn Caskey was absent from the regular meeting of October 23, 2008.
Pledge of Allegiance, Texas Pledge and Invocation led by Council Member Lena Yepez.
6:33 P.M. Mayor DonCarlos convened the October 23, 2008 regular meeting with a
quorum present.
1. RECOGNITIONS AND CITIZENS COMMUNICATIONS
a. Recognition - Police Department.
Welcomed new police officer Jason Cox.
b. Years of Service Awards
Recognized employees for their dedicated years of service to the City.
5 Years: Patsy Hilton and Ronald “Tony” Gray;
10 Years: Reginald Nevels;
20 Years: Sandra Gentry and Fred Spencer;
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30 Years: Robert Burlin;
40 Years: Cecil Clemmer.
c. Employee of the Month and the Year.
Recognized the September Employee of the Month, Karen Horner.
2. PROPOSED ORDINANCES
a. Adopting the Tax Rate for fiscal year 2008-2009.
Ordinance 10,995 adopted the tax rate for General Fund Maintenance and Operations at
$0.45700 per $100 valuation for the fiscal year ending September 30, 2009, and adopting
the tax rate for Debt Service at $0.33003 per $100 for the fiscal year ending September
30, 2009.
City Manager Brumback summarized the agenda item.
The City's tax rate consisted 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 fund maintenance and operation expenditures of the City for
the next year; and 2.) The rate that, if applied to the total taxable value, will impose the
amount of taxes needed to pay debt service.
Motion was made by Council Member Sain, seconded by Council Member Capetillo
moving that property taxes be increased by the adoption of a tax rate of adoption of
$0.78703 and approving Ordinance 10,995. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 10,995
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, 2009, 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
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CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
b. Energy Savings Performance Contract-Financing Piece.
Ordinance 10,996 authorized the City Manager to negotiate a Lease Purchase Agreement
with All American Investment Group, LLC, for funding the Energy Savings Performance
Contract with Johnson Controls, Inc.
City Manager Brumback summarized the agenda item.
The City has chosen to finance the Energy Savings Performance Contract with Johnson
Controls, Inc. (JCI) through a Lease Purchase Agreement with All American Investment
Group, LLC. The total cost of the contract is $3,448,119. The Lease Purchase will be
repaid semi-annually with payments beginning July 2009 utilizing the energy savings
achieved. The energy savings are guaranteed by JCI. The estimated interest rate of the
Lease Purchase is 4.5%.
Motion was made by Council Member McCartney, seconded by Council Member Sheley
approving Ordinance 10,996. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 10,996
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AN EQUIPMENT LEASE-
PURCHASE AGREEMENT AND ESCROW AGREEMENT WITH ALL
AMERICAN INVESTMENT GROUP, LLC; PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE
THEREOF.
c. Authorized City Manager to Negotiate Energy Savings Performance
Contract with Johnson Controls Inc.
Ordinance 10,997 authorized the City Manager to negotiate and execute an Energy
Savings Performance Contract with Johnson Controls Inc. Energy Savings Performance
Contracts are mandated pursuant to Chapter 302 of the Texas Local Government Code.
City Manager Brumback summarized the agenda item.
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The City will generate annual savings by implementing energy conservation measures in
City facilities.
The energy conservation measures under the contract will include:
Lighting System Upgrades
Exterior Lighting Upgrade
Water Conservation Measures
Traffic Signal LED Conversion
Solar Film Application
Vending Miser
Boiler Replacement
DX/Rooftop Units Replacement
Chiller Replacement
Energy Management System Upgrades
Guarantee Monitoring, Measurement & Reporting
Further benefits of the implementation of an Energy Savings Performance
Contract include:
Turn-Key Cost and Savings Guarantee
No Risk of Costly Change-Orders
City Receives a Check if Annual Savings Guarantee is Not Met Each Year
Motion was made by Council Member McCartney, seconded by Council Member Sheley
approving Ordinance 10,997. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 10,997
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 ENERGY
SAVINGS PERFORMANCE CONTRACT WITH JOHNSON
CONTROLS, INC.; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Ordinance: Agreement for Advertising Services with The Baytown Little
Theater Incorporated.
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Considered an ordinance authorizing an agreement with The Baytown Little Theater
Incorporated for tourism-related advertising services for its production of “Beauty and
the Beast.”
It was recommended by the City Council to table this item.
e. Ordinance 10,998: Surcharge for RV Park within the Bay Oaks Harbor
Subdivision.
Ordinance 10,998 amended Chapter 98 “Utilities,” Article III “Water Service,” Section
98-55 “Utility upgrade surcharge” of the Code of Ordinances, Baytown, Texas, to extend
the monthly surcharge for repairs to the water and wastewater systems within the Bay
Oaks Harbor Subdivision to the recreational vehicle park located within such subdivision.
City Manager Brumback summarized the agenda item.
On March 27, 2008, the City Council passed Ordinance 10,865, which established a $15
per-unit utility assessment fee to reimburse the City for repairs that the City will be
making to the water and wastewater system at Bay Oaks Harbor. The City took over the
water and wastewater systems in the subdivision earlier this year and committed to bring
the same up to the TCEQ standards. The assessment has commenced and is to continue
until the repairs to the system are repaid, which is expected to take approximately five
years. As noted previously, additional developments and more utility customers will
cause the funds to be repaid more quickly and the assessment to cease sooner.
Earlier this month, the Recreational Vehicle Park located within the subdivision
commenced operations. The Recreational Vehicle Park's water line is connected directly
to the City's main; thus, the park will not receive any benefit for the repairs to be made
within the subdivision to the water line system. However, the recreational vehicle park's
sewer line is integrated with the lines within the remainder of the subdivision; thus, the
park will receive a benefit for the repairs made to the wastewater system within the
subdivision. As such, the ordinance establishes a $200 monthly surcharge to be assessed.
This surcharge was calculated based on the anticipated usage of the RV Park as compared
to the average residential lot in Bay Oaks Harbor.
Motion was made by Council Member McCartney, seconded by Council Member Sain
approving Ordinance 10,998. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
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ORDINANCE 10,998
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 98 "UTILITIES,"
ARTICLE III "WATER SERVICE," SECTION 98-55 "UTILITY
UPGRADE SURCHARGE" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, TO EXTEND THE MONTHLY SURCHARGE
FOR REPAIRS TO THE WATER AND WASTEWATER SYSTEMS
WITHIN THE BAY OAKS HARBOR SUBDIVISION (AMENDED) TO
THE RECREATIONAL VEHICLE PARK LOCATED WITHIN SUCH
SUBDIVISION; CONTAINING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS ($500.00);
AND PROVIDING FOR THE PUBLICATION AND THE EFFECTIVE
DATE THEREOF.
f. Award of construction contract for 2007 Street Bond Program – Year.
Ordinance 10,999 awarded the 2007 Street Bond Program Year 1 to Angel Brothers
Enterprises, LTD.
City Manager Brumback summarized the agenda item.
Ordinance 10,999 awarded a construction contract to Angel Brothers Enterprises, LTD,
for the 2007 Street Bond Program – Year 1. The bid amount for the contract was
$3,969,187.00. The scope of work includes the concrete reconstruction of the following
streets: Barrymore, Cedar Bayou, East Texas, Eleventh, Honeysuckle, Morrell, Narcille,
North Airhart, Robin, Rosewood and Scenic. The project has a duration of 330 calendar
days. This project will be funded through the 2007 Bonds.
Motion was made by Council Member Capetillo, seconded by Council Member Yepez
approving Ordinance 10,999. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 10,999
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 ANGEL BROTHERS ENTERPRISES, LTD, FOR
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THE 2007 STREET BOND PROGRAM - YEAR 1; AUTHORIZING
PAYMENT OF A SUM OF THREE MILLION NINE HUNDRED
SIXTY-NINE THOUSAND ONE HUNDRED EIGHTY-SEVEN AND
NO/100 DOLLARS ($3,969,187.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
g. Closeout of 2007 Mill & Overlay Project
Ordinance 11,000 authorized final payment to Angel Brothers Enterprises, LTD, and
accepting the 2007 Annual Mill and Overlay Project.
City Manager Brumback summarized the agenda item.
Ordinance 11,000 authorized final payment in the amount of $74,316.46 to Angel
Brothers Enterprises, LTD, and accepts the 2007 Annual Mill and Overlay Project. The
original contract amount was $1,500,000, and the final contract amount is $1,486,329.30
The scope of work included milling existing asphalt streets, performing base repairs as
necessary, and overlaying the street with new asphaltic concrete. The contractor finished
the work in the allotted time and their workmanship was satisfactory. Engineering and
inspection services for this project were furnished by the City of Baytown’s Engineering
Department. The Street Maintenance Sales Tax funded this project.
Motion was made by Council Member Capetillo, seconded by Council Member Sain
approving Ordinance 11,000. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
ORDINANCE 11,000
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, ACCEPTING THE 2007 ANNUAL MILL AND
OVERLAY PROJECT; AUTHORIZING FINAL PAYMENT OF THE
SUM OF SEVENTY-FOUR THOUSAND THREE HUNDRED
SIXTEEN AND 46/100 DOLLARS ($74,316.46) TO ANGEL
BROTHERS ENTERPRISES, LTD, FOR SAID PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
3. PROPOSED RESOLUTIONS
a. Animal Shelter Appreciation Week
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A resolution from the Mayor and City Council declaring November 2 - 8, 2008 as Animal
Shelter Appreciation Week for the City of Baytown.
City Manager Brumback summarized the agenda item.
Resolution 1950 from the Mayor and City Council declaring November 2 - 8, 2008 as
Animal Shelter Appreciation Week for the City of Baytown. This is in conjunction with
the Humane Society of the United States National Animal Shelter Appreciation Week.
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving resolution 1950. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
RESOLUTION 1950
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, SUPPORTING THE HUMANE SOCIETY OF
THE UNITED STATES’ EFFORTS TO SPREAD ANIMAL WELFARE,
CARE AND SAFETY MESSAGES; DECLARING THE WEEK OF
NOVEMBER 2-8, 2008, AS ANIMAL SHELTER APPRECIATION
WEEK; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
4. CONSENT
Mayor DonCarlos pulled consent agenda item 4.b.for individual consideration.
Motion was made by Council Member Sheley, seconded by Council Member McCartney
approving Consent Agenda Items 4.a., 4.c., 4.d., 4.e., and 4.f. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
a. Ordinance 11,001: Street Lights.
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Ordinance 11,001 approved the installation of street lights. CenterPoint Energy issued
131 streetlight allowances to the City of Baytown for no-cost installations in calendar
year 2008. The City pays the operating costs after installation. To date, the City has used
twelve of its allowed street light installations for 2008. The Planning and Zoning
Commission recommends that City Council consider installation of 25 additional
streetlights at the following locations:
1. 3 streetlights on the north side of J.B. LeFevre Road between SH 146 feeder road and
S. Airhart Drive (between park entrance and exit)
2. 902 E. Baker Road
3. 908 E. Baker Road
4. 1104 E. Baker Road
5. 1202 E. Baker Road
6. 1208 E. Baker Road
7. 1307 E. Baker Road
8. 1405 E. Baker Road
9. 1503 E. Baker Road
10. 1605 E. Baker Road
11. 1804 E. Baker Road
12. NW corner of Packsaddle Lane and Chaparral Drive
13. 1505 Packsaddle Lane
14. 10011 Twisted Oak Drive
15. 9915 Twisted Oak Drive
16. 5619 W. Twisted Oak Drive
17. 5611 W. Twisted Oak Drive
18. 9906 Oak Leaf Drive
19. 9921 Oak Leaf Drive
20. 10014 Oak Leaf Drive
21. Corner of W. Gulf Avenue and Lanier Drive
22. 2104 W. Gulf Avenue
23. 2005 Superior Street
ORDINANCE 11,001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PLACEMENT OF
STREET LIGHTS IN THE SPECIFIED RIGHTS-OF-WAY OF THE
CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
b. Ordinance 11,006: Authorized the Fourth Amendment to the Professional
Services Agreement for final design for Phase IV of the Street Bond Program.
Ordinance 11,006 authorized the Fourth Amendment to the Professional Services
Agreement for final design services on the Phase IV of the Street Bond Program with
Klotz Associates, Inc.
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Ms. Gloria Bashrum, 8102 Bayside, Baytown, Texas deferred her time and comments to
Mr. Haarmeyer.
Mr. James Haarmeyer, 8102 Bayside, Baytown, Texas presented a handout in reference
to this agenda item. Mr. Haarmeyer asked several questions as to the proper procedure
for such projects and documents.
City Manager Brumback and Dick Carter, City Engineer, provided information in
reference to this agenda item.
Ordinance 11,006 authorized the Fourth Amendment to the Professional Services
Agreement for final design services with Klotz Associates, Inc., in an amount not to
exceed $12,765 for Phase IV of the Street Bond Program. These additional services for
the Council Districts 1 and 3 of this project will include the design of drainage
improvements on North Holly Drive. The original contract amount of $51,206 was for a
preliminary engineering report (PER) on Bob Smith Road and Kilgore and increased by
the previous three amendments to the amount of $635,194. The First Amendment
included adding streets and alleys in Council Districts 1 and 3 to produce the PER. The
Second Amendment included the final design services for Bob Smith Road and Kilgore
Road and the Third Amendment included additional design services for Council Districts
1 and 3. Therefore, the total contract amount is $647,959.
There was discussion among the Council members in disagreement with the timing and
the submission of this agenda item. City Manager Brumback was directed to research
other documents within the purview of the Engineering Department to determine if there
are other such misdirected documents.
Motion was made by Council Member Sain, seconded by Council Member Capetillo
approving Ordinance 11,006. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney and
Mayor DonCarlos.
Nays: None.
Abstained: Council Member Sheley.
The motion carried.
ORDINANCE 11,006
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
THE FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES
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AGREEMENT WITH KLOTZ ASSOCIATES, INC., FOR
ENGINEERING SERVICES RELATED TO THE FINAL DESIGN OF
PHASE IV OF THE STREET BOND PROGRAM; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO
EXCEED TWELVE THOUSAND SEVEN HUNDRED SIXTY-FIVE
AND NO/100 DOLLARS ($12,765.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
c. Ordinance 11,002: Renewal of liability and property insurance programs
with Texas Municipal League.
Ordinance 11,002 authorized renewal of liability and property insurance programs with
Texas Municipal League and authorizing payment.
Ordinance 11,002 authorized renewal of liability and property insurance programs with
Texas Municipal League and authorizes payment in the amount of $424,416.00 for
premiums, reimbursable losses, administrative fees and deductibles.
ORDINANCE 11,002
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, RENEWING THE INTERLOCAL AGREEMENT
WITH TEXAS MUNICIPAL LEAGUE FOR THE ANNUAL
LIABILITY AND PROPERTY INSURANCE PROGRAM;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF FOUR HUNDRED TWENTY-FOUR THOUSAND FOUR
HUNDRED SIXTEEN AND NO/100 DOLLARS ($424,416.00) FOR
THE ANNUAL LIABILITY AND PROPERTY INSURANCE
PROGRAM FOR PREMIUMS, REIMBURSABLE LOSSES,
ADMINISTRATIVE FEES AND DEDUCTIBLES; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
d. Ordinance 11,003: Purchase of five 2009 Interstate flatbed trailers through
H-GAC.
Ordinance 11,003 authorized the purchase of five 2009 Interstate flatbed trailers through
H-GAC.
Ordinance 11,003 authorizes the purchase of five 2009 Interstate flatbed trailers from B
& C Body Company for a total amount of $90,997.93 through H-GAC. Total includes
1.5% H-GAC fee. Four trailers are 30,000 GVW and one is 14,000 GVW. All five
trailers are replacements for the Public Works and Utilities Departments.
Page 12 of 14 Minutes of the October 23, 2008 Council Meeting
ORDINANCE 11,003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF NINETY
THOUSAND NINE HUNDRED NINETY-SEVEN AND 93/100
DOLLARS ($90,997.93) TO B & C BODY COMPANY THROUGH
THE HOUSTON-GALVESTON AREA COUNCIL FOR THE
PURCHASE OF FIVE 2009 INTERSTATE FLATBED TRAILERS;
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Ordinance 11,004: Purchase of one 2009 John Deere 310J Backhoe Loader.
Ordinance 11,004 authorized the purchase of one 2009 John Deere 310J backhoe loader
from Rush Equipment Center, Houston, through H-GAC, for a total amount of
$57,875.00. The backhoe loader is a replacement for Unit #39695, a 1996 John Deere
backhoe loader in the Public Works/Utilities Department.
ORDINANCE 11,004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-
SEVEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE AND
NO/100 DOLLARS ($57,875.00) TO RUSH EQUIPMENT CENTER,
HOUSTON, THROUGH THE HOUSTON-GALVESTON AREA
COUNCIL FOR THE PURCHASE OF ONE 2009 JOHN DEERE 310J
BACKHOE LOADER; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
f. Ordinance 11,005: Purchase of one 2009 Peterbilt vacuum truck through the
BuyBoard.
Ordinance 11,005 authorized the purchase of one 2009 Peterbilt vacuum truck from Rush
Truck Center, Houston, for a total amount of $275,187.00 through the BuyBoard. The
vacuum truck is a replacement for Unit #6118, a 1994 Ford vacuum truck in the Utility
Department.
ORDINANCE 11,005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF TWO
HUNDRED SEVENTY-FIVE THOUSAND ONE HUNDRED EIGHTY-
SEVEN AND NO/100 DOLLARS ($275,187.00) TO RUSH TRUCK
CENTER, HOUSTON, FOR ONE 2009 PETERBILT VACUUM
TRUCK FROM RUSH TRUCK CENTER, HOUSTON, THROUGH
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THE TEXAS LOCAL GOVERNMENT PURCHASING
COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
5. APPOINTMENTS
a. City Manager's appointment of Finance Director.
Considered confirmation of the City Manager's appointment of Finance Director.
Motion was made by Council Member Capetillo, seconded by Council Member Yepez
confirming Ms. Cynthia Pearson. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
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. MANAGER'S REPORT
Assistant City Manager Troller presented an update on the Ike Hurricane Recovery.
8. ADJOURN
Motion was made by Council Member Sain, seconded by Council Member Yepez
adjourning the October 23, 2008 regular meeting. The vote was as follows:
Ayes: Council Members: Yepez, Capetillo, Sain, McCartney,
Sheley and Mayor DonCarlos.
Nays: None.
The motion carried.
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7:45 P.M. Mayor DonCarlos adjourned the regular City Council meeting of October 23,
2008.
______________________________
Kaythie Darnell, City Clerk
City of Baytown