1998 05 28 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
May 28, 1998
The City Council of the City of Baytown, Texas, met in regular session on
May 28, 1998, at 6:30 p.m., in the Council Chambers at City Hall with the following in
attendance:
Victor Almendarez
Council Member
David Byford
Council Member
Manuel Escontrias
Council Member
Coleman Godwin
Council Member
Scott Sheley
Council Member
Pete C. Alfaro
Mayor
Bobby Rountree
City Manager
Ignacio Ramirez
City Attorney
Eileen P. Hall
City Clerk
Absent: E. Frank Hinds, Jr. Council Member
The meeting was opened with a quorum present, and Council Member
Almendarez led the pledge of allegiance and offered the invocation, after which the
following business was conducted:
Consider Approval of Minutes of Special and Regular Sessions held on
May 14, 1998
Council Member Almendarez moved to approve the minutes. Council Member
Escontrias seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Escontrias
Byford, Godwin, and Sheley
Mayor Alfaro
Nays: None
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Minutes of the Regular Session — May 28, 1998
Consider Proposed Ordinance No. 980528 -2 Setting Public Hearings on Proposed
Annexation of 1.5495 -Acre Tract Adjacent to Holiday Inn Express along Interstate
10 East
The City has received a request to annex the tract which is the future site of
Outback Steakhouse. In accordance with state law, two public hearings must be
scheduled on the proposed annexation. The date of the public hearings shall not be more
than ten days after publication of each notice of public hearing. The proposed ordinance
schedules the public hearings for June l l at 6:35 p.m. and 6:45 p.m. in the Council
Chamber of the Baytown City Hall. Council Member Escontrias moved to adopt the
ordinance. Council Member Almendarez seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Escontrias
Byford, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8286
AN ORDINANCE SETTING A DATE, TIME, AND PLACE FOR
THE PUBLIC HEARINGS ON THE PROPOSED ANNEXATION
OF A 1.5495 -ACRE TRACT ADJACENT TO HOLIDAY INN
EXPRESS ALONG INTERSTATE 10 EAST; DIRECTING THE
PREPARATION OF A SERVICE PLAN; AUTHORIZING AND
DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF SUCH
PUBLIC HEARINGS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance No. 980528 -3 Amending the Code of Ordinances by
Renaming Chapter 21 "Cable and Telecommunication Regulations "; Renaming
Article II "Cable Franchise Regulations "; and adding Article IV
"Telecommunication Regulations" to Establish Regulations for the Placement of
Telecommunication Towers and Antennas within the City of Baytown
The ordinance establishes more definitive standards for the location of
telecommunication towers and antennas with the objective of minimizing their number to
protect and promote public safety and to mitigate the adverse visual impacts on the city
while promoting the provision of telecommunication service to the public. The
regulations contained in the proposed ordinance contain most all of the salient provisions
of the draft ordinance previously forwarded to council. However, the proposed
ordinance:
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Minutes of the Regular Session — May 28, 1998
1. contains a more extensive list of definitions;
2. requires special use permits for telecommunication towers be granted by
the City Council rather than the Zoning Board of Adjustments;
3. requires the City to notify providers of telecommunications services of the
passage of the ordinance and thereafter requires such providers to tender to
the City their respective master antenna plans, showing the locations and
characteristics of all telecommunication towers and antennas serving any
portion of the City;
4. requires new towers to be designed and built to accommodate a minimum
of two cellular or PCS providers if the new towers are 75 feet or more in
height;
5. deems abandoned any wireless communication facility which has been
discontinued for a period of 360 days and requires the owner to remove
the facility within 90 days after receiving notice from the chief building
official, else the City may remove it at the owner's expense;
6. contains sign, lighting and structural standards as well as tower spacing
requirements; and
7. establishes antenna - mounting standards.
Council Member Byford moved to adopt the ordinance. Council Member
Almendarez seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Escontrias
Byford, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8287
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES,
CITY OF BAYTOWN, TEXAS, BY RENAMING CHAPTER 21
"CABLE AND TELECOMMUNICATION REGULATIONS "; AND
ADDING ARTICLE IV "TELECOMMUNICATION
REGULATIONS"; PROVIDING FOR A PENALTY NOT
EXCEEDING TWO THOUSAND AND NO/100 DOLLARS
($2,000.00); PROVIDING A REPEALING CLAUSE; CONTAINING
A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
980528 -4
Minutes of the Regular Session — May 28, 1998
Hold Public Hearing on the Proposed Adoption of an Ordinance Regulating
Sexually Oriented Commercial Enterprises in the City of Baytown for Thursday,
May 28,1998, at 6:35 p.m.
This is the second public hearing on the proposed ordinance because state statute
requires at least fifteen days notice prior to the public hearing by Council as well as a
public hearing by the Baytown Zoning Commission. Prior to Council considering the
regulations, they will receive a final report from the Zoning Commission detailing the
results of its hearing as well as its recommendations.
Mayor Alfaro called to order the public hearing concerning the proposed adoption
of an ordinance regulating sexually oriented commercial enterprises. He said that
everyone desiring to speak at the hearing should sign the list in the back of the foyer as
that list provides the speaking order for the hearing.
Mayor Alfaro stated that everyone desiring to present information would be given
ample opportunity to do so. However, he encouraged each speaker to be as brief and to
the point as possible. He cautioned that this is not an adversarial -type proceeding but an
opportunity for all interested persons to be heard on the subject. Also, he asked that any
questions be directed to him and that, with the aid of the City staff, lie would attempt to
have the questions answered. He asked the City Manager to summarize the proposed
ordinance.
The City Manager said that the ordinance was developed using portions of
ordinances from the City of Houston, the County of Harris, the County of Jefferson, and
the City of Webster. He emphasized that the changes to the ordinance are designed to
protect public health, safety, and welfare by alleviating the detrimental effects of the
unrestricted operation of sexually oriented businesses.
He said that the notable changes to the existing ordinance were that both the
business and the individual must obtain a permit from the City. The following categories
of sexually oriented enterprises are prohibited: adult modeling studios, escort agencies,
adult encounter parlors, any enterprise whose employees appear in a state of total nudity,
and any individual that provides services in a state of total nudity. Permits must be
displayed at the entrance of an establishment or be readily displayed if the permit is for an
individual. A sexually oriented business may be located no closer than 1,000 feet from a
child care facility, school, hospital, public building, public park, church, place of
religious worship, or residential property, and no closer than 2,000 feet from another
sexually oriented business. The applicant for a permit for a business must post a sign on
the premises of the enterprise and give notice of the application by publishing the same in
a newspaper of that City.
An applicant whose permit has been denied may appeal to the City Council.
Permits are not transferable and are issued for one -year terms. Persons performing may
980528 -5
Minutes of the Regular Session — May 28,1998
not be less than six feet from the customer and must be on a stage not less than 18 inches
above the floor level. The operator of an enterprise is required to give the police, fire,
and health officers immediate access to the premises to assure compliance with these
regulations. The definitions of state of nudity, semi -nude, and totally nude have been
revised to address the use of spray -on plastic derivatives such as latex which simulates a
state of nudity. All references to badges for class 2 enterprises have been deleted. Any
appeal will be conducted according to the rules established by the City Council rather
than the director. The fee for a sexually oriented business is $50.
The City of Baytown has a study furnished by the City of Austin with information
obtained from other cities around the nation regarding sexually oriented businesses. The
studies determine that sexually oriented businesses have negative impacts on surrounding
land uses.
Ms. Linda Krisher, Realtor, 308 Oakhaven, addressed Council. Ms. Krisher said
she has been in real estate for about thirteen years and her experience allowed her to state
that sexually oriented businesses have negative impacts on property values.
Since no one else had registered to speak, Mayor Alfaro closed the public hearing.
Consider Proposed Ordinance No. 980528 -1 Authorizing the Issuance of $15,060,000
City of Baytown, Texas, Combination Tax and Revenue Certificates of Obligation,
Series 1998
The City Manager said that the increase in the City's rating to as was a feather in
the cap for the City. He commended the Finance Department, the Council, and past
councils for financial policies that enabled the City to get to this point.
Mr. Drew Masterson, said that the themes presented to Moodys included the
quality of life in Baytown, the stable financial climate, and the strong economy and
growth here in Baytown. One of the most impressive things done in Baytown is
addressing the infrastructure needs. The City has more financial flexibility than it had
five years ago. The net benefits of the as rating is not easy to define but the benefits on
this issue alone is probably $50,000 to $100,000. The City could realize $1 Million over
the next ten years depending on how many bonds are sold.
Mr. Masterson said that bids were taken and a preliminary award made, subject to
approval tonight, during the trading hours on Thursday since Friday is traditionally a
slow day for trading on Wall Street. Twenty -five firms were represented in three
syndicates. The low bidder was Southwest Securities together with Merrill Lynch at a
4.8376. The actual interest rates range from 4 -1/2% to 6% at 2007 and back to 5% at the
end of the year, but the average rate is 4.8376 %. The sale last fall was at 5.1998 %.
Communications equipment is amortized over a ten -year period as opposed to a twenty-
980528 -6
Minutes of the Regular Session — May 28, 1998
year period. The leading bidder insured only the last six maturities of the issue. Roughly
four million out of fifteen million used bond insurance; the other eleven million sold on
the City's as credit. That is where the savings come from and is passed on to the City in
the form of lower interest rates. The bond market is excellent right now. The possibility
of refinancing some of the City's old bonds is also feasible. In response to inquiry from
Council, Mr. Masterson said that some of the higher rates being paid on post bond issues
are now in the 6 to 6.5 range. Mr. Masterson recommended the low bidder. Council
Member Almendarez moved to approve the bid of Southwest Securities together with
Merrill Lynch at 4.8376 %. Council Member Escontrias seconded the motion. The vote
follows:
Ayes: Council Members Almendarez, Escontrias
Byford, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8288
ORDINANCE AUTHORIZING THE ISSUANCE OF $15,060,000
CITY OF BAYTOWN, TEXAS, COMBINATION TAX AND
REVENUE CERTIFICATES OF OBLIGATION, SERIES 1998.
For copy of the entire ordinance, see Attachment "A."
Consider Proposed Ordinance No. 980528 -4 Amending Chapter 86, "Solid Waste,"
Article II "Residential Solid Waste," Division 1 "Generally," Section 86 -31
"Compliance Required" and Division 2 "Collection," Section 86 -70 "Yard Waste"
and Section 86 -71 "Brush" of the Code of Ordinances Relating to Brush and Yard
Waste Collection by Designating Eligibility for Collection and Limits on Quantities
of Brush and Setting the Frequency of Yard Waste Collection
The ordinance clarifies that brush will be collected from residential solid waste
customers and sets a limit of ten cubic yards of brush per month per customer for
collection by the City. The citywide average is three cubic yards per year for each
residential customer. It also corrects a portion of the code to state that yard waste will be
collected each week. Council Member Escontrias moved to adopt the ordinance.
Council Member Byford seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Escontrias
Byford, Godwin, and Sheley
Mayor Alfaro
Nays: None
980528 -7
Minutes of the Regular Session — May 28, 1998
ORDINANCE NO. 8289
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AMENDING THE CODE OF ORDINANCES,
BAYTOWN, TEXAS, CHAPTER 86 "SOLID WASTE," ARTICLE II
"RESIDENTIAL SOLID WASTE," DIVISION 1 "GENERALLY,"
SECTION 86 -31 "COMPLIANCE REQUIRED" AND DIVISION 2
"COLLECTION," SECTION 86 -70 "YARD WASTE" AND
SECTION 86 -71 "BRUSH"; PROVIDING A REPEALING
CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING
FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 980528 -5 Authorizing Renewal of the Annual
Solid Waste Collection and Disposal Services Contract with Browning- Ferris, Inc.
Consider Proposed Ordinance No. 980528 -6 Authorizing the Renewal of the Annual
Recycling Center Operation Contract
Proposed Ordinance No. 980528 -5 renews the annual contract for solid waste
collection and disposal services with BFI in the amount of $1,385.154 for the second
year. In accordance with the terms and conditions of their contract, BFI has requested a
1.4% increase based on the March 1998 Consumer Price Index for all urban communities.
According to the contract, BFI was eligible for the CPI increase in May 1998. We met
with BFI and they offered to postpone this increase until October 1, 1998, based on the
quality of service. The first five months of the renewal period will remain at the current
cost. A 1.4% increase is a $.09 increase per residential unit raising the current rate from
$7.01 to $7.10.
Proposed Ordinance No. 980528 -6 renews the annual contract for the recycling
center operation with BFI in the amount of $52,137.36 for the second year. In
accordance with the terms and conditions of their contract, BFI has requested a 1.4%
increase based on the March 1998 Consumer Price Index. The increase is effective
October 1, 1998, based on quality of service. The first increase per residential unit
raising the rate from $0.26 to $0.27.
Council Member Sheley moved to adopt Proposed Ordinance Nos. 980528 -5 and
980528 -6. Council Member Almendarez seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Escontrias
Byford, Godwin, and Sheley
Mayor Alfaro
Nays: None
980528 -8
Minutes of the Regular Session — May 28, 1998
ORDINANCE NO. 8290
AN ORDINANCE RENEWING THE CONTRACT OF BROWNING -
FERRIS, INC., FOR THE ANNUAL SOLID WASTE COLLECTION
AND DISPOSAL SERVICES CONTRACT AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE
MILLION THREE HUNDRED EIGHTY -FIVE THOUSAND ONE
HUNDRED FIFTY -FOUR AND NO1100 DOLLARS
($1,385,154.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 8291
AN ORDINANCE RENEWING THE CONTRACT OF BROWNING -
FERRIS, INC., FOR THE ANNUAL RECYCLING CENTER
OPERATION CONTRACT AND AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, THE SUM OF FIFTY -TWO
THOUSAND ONE HUNDRED THIRTY -SEVEN AND 361100
DOLLARS ($52,137.36); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance No. 980528 -7 Amending the Engineering Service
Agreement with Busch Hutchison & Associates, Inc. for the Municipal Street
Rehabilitation Program
Proposed Ordinance No. 980528 -7 amends the agreement in the amount of
$180,000. The scope of work includes in -place recycling, asphalt overlay with base
repairs, and road construction. The total project budget is $2,780,000. Funds will come
from Certificates of Obligation.
Council Member Sheley moved to adopt the ordinance. Council Member
Escontrias seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Escontrias
Byford, Godwin, and Sheley
Mayor AIfaro
Nays: None
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Minutes of the Regular Session — May 28, 1998
ORDINANCE NO. 8292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, APPROVING AN AMENDMENT FOR
ENGINEERING SERVICES BETWEEN THE CITY OF BAYTOWN
AND BUSCH, HUTCHISON & ASSOCIATES, INC., TO PREPARE
PLANS AND SPECIFICATIONS FOR THE MUNICIPAL STREET
REHABILITATION PROGRAM IN THE AMOUNT OF ONE
HUNDRED EIGHTY THOUSAND AND NO1100 DOLLARS
($180,000.00); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Approving the Joint Venture of Wiginton Hooker Jeffry Architects and
Busch Hutchison & Associates for the design of the Municipal Court and Jail
Facility
Consider Approving of Dennis Hancock Architects for the Design of a Police
Academy and Renovation of the Existing Police Station at 3200 North Main
Wiginton Hooker Jeffry Architects and Bush Hutchison & Associates is
recommended for joint venture that includes a scope of work to design a municipal court
and jail facility that provides: courtroom(s), offices for administrative staff, jury
deliberation room, 100 -bed jail, processing stations, furnishings, communications, and
site development. The total budget is $4,300,000. Funds will come from the Crime
Control and Prevention District.
Dennis Hancock Atchitects is recommended for the design of a police academy
with three classrooms with a capacity of 100 students, administrative office,
communications, and site development and a separate design of the renovation of the
existing police station to reconfigure administrative offices, improve interior traffic
circulation, and improve the mechanical and electrical systems. The total budget is
$1,500,000. Funds will come from the Crime Control and Prevention District.
Council Member Byford moved to approve the joint venture and the design plan.
Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Escontrias
Byford, Godwin, and Sheley
Mayor Alfaro
Nays: None
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Minutes of the Regular Session — May 28, 1998
Consider Approval of Plans and Specifications for the Lift Station and Force Main
located at the Intersection of Baker Road at Emmett Hutto Boulevard and
Authorize Advertisement for Bids
The scope of work includes a 690 - gallon per minute lift station and 2,300 feet of
eight -inch force main. The force main will run along Baker Road from Emmett Hutto to
Garth Road and will serve existing and future development along Baker Road. The
engineer's estimated construction cost is $340,000; the City's share is 66% or
approximately $224,400. The developer, Camden Properties, will pay the remaining
balance. The funds will come from 1991 sewer bonds.
Council Member Sheley moved to approve plans and specifications and to
authorize advertisement for bids. Council Member Almendarez seconded the motion.
The vote follows:
Ayes: Council Members Almendarez, Escontrias
Byford, Godwin, and Sheley
Mayor Alfaro
Nays: None
Consent Agenda
Council considered the consent agenda items "a" through "h" as follows:
a. Proposed Ordinance No. 980528 -8 authorizes a contract with Harris County in the
amount of $20,000 to provide bookmobile services. Harris County will contribute
$20,000 toward a shared bookmobile program, which serves readers both inside
and outside the city limits. The funds pay the salaries of bookmobile personnel.
This program serves our low income and aged population. The 1997 -98 contract
was for $20,000.
We recommend approval.
b. Proposed Ordinance No. 980528 -9 authorizes a contract with Harris County for
fire protection in the unincorporated portion of Harris County for 1998 in the
amount of $5,045. This contract covers the period from April 1, 1998, to March
31, 1999. The amount paid is based on 1997 actual calls for service as applied to
a payment scale used county -wide. In 1997 we responded to 359 calls outside the
city. The largest number of calls (239) were for medical assistance. The payment
is based on number and severity of responses. We received $6,840 in 1997.
We recommend approval.
980528 -11
Minutes of the Regular Session — May 28, 1998
C. Proposed Ordinance No. 980528 -10 authorizes final payment in the amount of
$33,703.47 to D & W Contractors, Inc. for construction of the W. C. Britton Park
of the Goose Creek Stream Greenbelt Phase II. The contract was awarded on
October 9, 1997 for $312,313.90. There were two change orders totaling
$17,160.82. The second change order was authorized by council on May 14,
1998 for a total contract of $329,474.72. Park facilities include walking trails,
three floating fishing piers, one lighted fishing pier, playground, four picnic
shelters with grills, picnic sites with grills, a lighted basketball court, a
combination football /soccer field and a softball/baseball field. The project also
includes a birding overlook at Bayland Park and parking facilities on Missouri
and Arizona Streets. This completes the second phase of the Goose Creek Stream
Greenbelt Project that also included establishment of the wetlands around
Bayland Park and the Marina. Our consultants, Busch Hutchison and Associates
have inspected the site and recommend final payment. Funds came from Goose
Creek Stream Development Bonds and a matching grant for the Texas Parks and
Wildlife Department.
We recommend approval.
d. Proposed Ordinance No. 980528 -11 amends Section 126- 641(e) Concrete
Pavement, Subsection (2), Subgrade of the Code of Ordinance regarding subgrade
soil preparation. This change revises the directive regarding the rate of
application for lime treatment when the soil's plasticity index (PI) exceeds 19. In
lieu of the specific requirement of 22 pounds per square yard, the rate of
application of lime shall be in accordance with the owner's geotechnical report as
prepared by a licensed engineer in the State of Texas. This change is requested
because the requirement of 22 pounds per square yard is arbitrary and does not
allow flexibility to use lesser amounts when recommended by a licensed engineer.
We recommend approval.
C. Proposed Ordinance No. 980528 -12 authorizes an interlocal agreement with Lee
College for use of certain college owned properties during the City's 50'x'
Anniversary and Independence Day Celebrations. Due to the policies established
in 1990 by Lee College concerning the use of their properties, a formal agreement
was prepared and executed the past seven years. The Parks and Recreation
Advisory Board recommends approval.
We recommend approval.
f. Proposed Ordinance No. 980528 -13 accepts a proposal for the annual fireworks
display contract from Atlas Enterprises, Inc. in the amount of $14,750. Proposals
to bid were mailed to six suppliers and two were received. The Parks and
Recreation Department use this contract for the annual Independence Day
980528 -12
Minutes of the Regular Session — May 28, 1998
Fireworks Display at Bicentennial Park. This proposal allowed the proposed to
present the best fireworks display program possible for a maximum budgeted
amount of $15,000. Atlas exceeded the minimum number of fireworks by 47 %.
Zambelli bid the same bid as last year and provided no enhancements. This year's
event will include the 50"' Anniversary special effects display and will be a much
larger display than last year.
We recommend approval.
g. Proposed Ordinance No. 980528 -14 awards the annual liquid chlorine contract to
Jones Chemicals, Inc. in the amount of $32,395. Invitations to bid were mailed to
four suppliers and we received four bids. This contract is used for chlorination at
our Wastewater Treatment Plants.
We recommend approval.
h. Proposed Ordinance No. 980528 -15 awards the bid for purchase of NT Server
Computers to Electronic, Etc. in the amount of $13,025. Specifications and
invitations to quote were sent to three vendors and three vendors responded.
These four new servers will standardize our current NT server configuration.
These are the machines running our email, centralized file storage, print server,
Systems Management Server and SQL server. They will also be handling our
Internet email. Currently we have four different server configurations making it
virtually impossible to distribute the workload evenly among them thus causing
bottlenecks and slow down.
Council Member Escontrias moved to adopt the consent agenda items "a" through
"h." Council Member Godwin seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Escontrias
Byford, Godwin, and Sheley
Mayor Alfaro
Nays: None
ORDINANCE NO. 8293
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR
TO EXECUTE AND THE CITY CLERK TO ATTEST TO A
CONTRACT WITH HARRIS COUNTY WITH REGARD TO
PROVIDING BOOKMOBILE PROGRAMS WITHIN BAYTOWN
AND IN UNINCORPORATED AREAS IN THE COUNTY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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Minutes of the Regular Session — May 28, 1998
ORDINANCE NO. 8294
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE
MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A
FIRE PROTECTION AGREEMENT WITH HARRIS COUNTY; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8295
AN ORDINANCE AUTHORIZING FINAL PAYMENT OF THE SUM
OF THIRTY -THREE THOUSAND SEVEN HUNDRED THREE AND
47/100 DOLLARS ($33,703.47) TO D & W CONTRACTORS, INC.,
FOR THE CONSTRUCTION OF W. C. BRITTON PARK (GOOSE
CREEK STREAM GREENBELT PHASE II); AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8296
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF
BAYTOWN, TEXAS, AMENDING CHAPTER 126
"SUBDIVISIONS," ARTICLE V "ENGINEERING AND
CONSTRUCTION STANDARDS," DIVISION 2 "STREETS,"
SECTION 126 -641 "STANDARDS," SUBSECTION (E)(2) OF THE
CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS;
PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 8297
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST
TO AN INTERLOCAL AGREEMENT WITH LEE COLLEGE
DISTRICT FOR THE USE OF CERTAIN COLLEGE -OWNED
PROPERTIES DURING THE CITY'S 50TH ANNIVERSARY AND
INDEPENDENCE DAY CELEBRATION; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8298
AN ORDINANCE ACCEPTING THE PROPOSAL OF ATLAS
ENTERPRISES, INC., FOR THE ANNUAL FIREWORKS
DISPLAY CONTRACT AND AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN, THE SUM OF FOURTEEN THOUSAND
SEVEN HUNDRED FIFTY AND NO /100 DOLLARS ($14,750.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
980528 -14
Minutes of the Regular Session — May 28, 1998
ORDINANCE NO. 8299
AN ORDINANCE ACCEPTING THE BID OF JONES
CHEMICALS, INC., FOR THE ANNUAL LIQUID CHLORINE
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN, THE SUM OF THIRTY -TWO THOUSAND THREE
HUNDRED NINETY -FIVE AND NO /100 DOLLARS ($32,395.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 8300
AN ORDINANCE ACCEPTING THE PROPOSAL OF
COMPUTERS, ELECTRONICS, ETC., FOR THE PURCHASE OF
IBM COMPATIBLE COMPUTERS AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
THIRTEEN THOUSAND TWENTY -FIVE AND NO1100 DOLLARS
($13,025.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
For bid tabulations, see Attachments "B" through "D."
Consider Appointment of Mayor Pro Tempore
After the municipal election each year, Council elects a Mayor Pro Tempore to
serve for one year. Members of Council who have served in the past include Council
Members Byford (1995), Escontrias (1996), and Hinds (1997). The City of Baytown
Charter provides, "the Council shall elect a mayor pro tempore who shall act as mayor
during the absence or disability of the mayor and, if a vacancy should occur, shall
become mayor until the next regular election at which a mayor shall be elected to fill the
unexpired term.
Council Member Escontrias moved to appoint Council Member Almendarez
Mayor Pro Tempore. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Almendarez, Escontrias,
and Godwin
Mayor Alfaro
Nays: Council Members Byford and Sheley
980528 -15
Minutes of the Regular Session — May 28, 1998
Consider Appointment to Baytown Area/West Chambers County Economic
Development Foundation
Mayor Alfaro opened the floor for nominations. Council Member Almendarez
nominated Council Member Escontrias. Council Member Byford nominated Council
Member Godwin. Council Member Sheley nominated Council Member Byford. The
vote follows:
Nominee
Council Member Escontrias
Council Member Godwin
Council Member Byford
Votes
Council Members Escontrias and
Almendarez
Council Members Byford and Godwin
Council Member Sheley and
Mayor Alfaro
Mayor Alfaro said that this item was tabled to a future meeting.
City Manager's Report
Dedication of Fire Station No. 3
Fire Station No. 3 will be dedicated June 4, at 5:00 p.m. with the ribbon cutting at
5:30 p.m.
Adjourn
As there was no further business to be transacted, the meeting was adjourned.
,pAzmze
Eileen P. Hall, City Clerk
Attachment V'
ORDINANCE NO. 8288
ORDINANCE AUTHORIZING THE ISSUANCE OF $15,060,000 CITY OF
BAYTOWN, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES
OF OBLIGATION, SERIES 1998
THE STATE OF TEXAS §
COUNTIES OF HARRIS §
AND CHAMBERS §
CITY OF BAYTOWN §
WHEREAS, the City Council of the City of Baytown, Texas (the "City"), authorized the
publication of a notice of intention to issue certificates of obligation to the effect that the City
Council would meet on May 28, 1998, to adopt an ordinance and take such other action as may be
deemed necessary to authorize the issuance of certificates of obligation payable from City ad
valorem taxes and a pledge of a subordinate lien of the net revenues of the City's waterworks and
sanitary sewer system, for the purpose of evidencing the indebtedness of the City for all or any part
of the cost of the construction of a convention center, the construction of a jail building, the purchase
of a communications system, the construction of improvements to the City's water and sanitary
sewer system, and the cost of professional services incurred in connection therewith; and
WHEREAS, such notice was published at the times and in the manner required by the
Constitution and laws of the State of Texas and of the United States of America, respectively,
particularly Chapter 271, Texas Local Government Code as amended; and
WHEREAS, no petition or other request has been filed with or prescnted to any official of
the City requesting that any of the proceedings authorizing such certificates of obligation be
submitted to a referendum or other election; therefore
BE IT ORDAINED BY T14E CITY COUNCIL OF THE CITY OF BAYTOWN:
I. Definitions. Throughout this Ordinance the following terms and expressions as used
herein shall have the meanings set forth below:
"Acts" mean Chapter 271, Texas Local Government Code, as amended, and Article l 111 gs
agq, Vernon's Texas Civil Statutes, as amended.
"Blanket Issuer Letter of Representations" means the Blanket Issuer Letter of Representations
between the City, the Registrar and DTC.
"Business Day" mcans any day which is not a Saturday, Sunday, or a day on the Registrar is
authorized by la%v or executive order to be closed.
"Certificates" or "Scrics 1998 Certificates" mcans the Scrics 1998 Certificates authorized in
this Ordinance, unless the context clearly indicates otherwise.
"City" means the City of Baytown, Tcxas.
"Closing Date" means the date of the initial delivery of and payment for the Certificates.
"Code" means the Internal Revenue Code of 1986, as amended.
"Comptroller" means the Comptroller of Public Accounts of the State of Texas.
"Debt Service Fund" means the debt service fund for payment of the Certificates established
by the City in Section 19 of this Ordinance.
"DTC" means The Depository Trust Company of New York, New York, or any successor
securities depository.
"DTC Participant" means brokers and dealers, banks, trust companies, clearing corporations
and certain other organizations on whose behalf DTC was created to hold securities to facilitate the
clearance and settlement of securities transactions among DTC Participants.
"Interest Payment Date ", when used in connection with any Certificate, means February 1,
1999, and each August 1 and February l thereafter until maturity or earlier redemption.
"Initial Certificate" means the Initial Certificate authorized by Section 5(d).
WSR.B" means the -:- - nicipal Securities Rulemaking Board.
"NRIVISIR" means each person whom the SEC or its staff has determined to be a nationally
recognized municipal securities information repository within the meaning of the Rule from time to
time.
"Ordinance" as used herein and in the Certificates means this ordinance authorizing the
Certificates.
"Owner" means any person who shall be the registered owner of any outstanding Certificate.
"Record Date" means, for any Interest Payment Date, the close of business on the fifteenth
day of the month next preceding such Interest Payment Date.
"Register" means the books of registration kept by the Registrar, in which are maintained the
names and addresses of, and the principal amounts of the Certificates registered to, each Owner.
"Registrar" means Chase Bank of Texas, National Association, and its successors in that
capacity.
"Rule" means SEC Rule 15c2 -12, as amended from time to time.
"SEC" means the United States Securities and Exchange Commission.
980528 -3b
"SID" means the Municipal Advisory Council of Texas, which has been designated by the
State of Texas as, and determined by the SEC staff to be, a state information depository within the
meaning of the Rule.
2. Authorization. The Certificates shall be issued, pursuant to the Acts, in fully registered
form in the aggregate principal amount of Fifteen Million Sixty Thousand Dollars ($15,060,000),
for the purpose of evidencing the indebtedness of the City for all or any part of the cost of the
construction of a convention center, the construction of a jail building, the purchase of a
communications system, the construction of improvements to the City's water and sanitary sewer
system, and the cost of professional services incurred in connection therewith.
3. Designation, Date. and Interest Payment Dates. The Certificates shall be designated as
"CITY OF BAYTOWN, TEXAS, COMBINATION TAX AND REVENUE CERTIFICATES OF
OBLIGATION, SERIES 1998" and shall be dated May 15, 1998. The Certificates shall bear interest
at the rates set forth in Section 4 of this Ordinance from the later of May 15, 1998, or the most recent
Interest Payment Date to which such interest has been paid or duly provided for, calculated on the
basis of a 360 day year of twelve 30 day months, interest payable on February 1, 1999, and
semiannually thereafter on August 1 and February 1 of each year until maturity or earlier redemption.
4. Initial Certificates: Numbers and Denominations. The Certificates shall be initially issued
bearing the numbers, in the principal amounts, and bearing interest al the rates set forth in the
following schedule, and may be transferred and exchanged as set out in this Ordinance. The
Certificates shall mature on February 1 in each of the years and in the amounts set out in such
schedule. The Initial Certificate shall be numbered I -1 and all other Certificates shall be numbered
in sequence beginning with R -1. Certificates delivered on transfer of or in exchange for other
Certificates shall be numbered in order of their authentication by the Registrar, shall be in the
denomination of 55,000 or integral multiples thereof, and shall mature on the same date and bear
interest at the same rate as the Certificate or Certificates in lieu of which they are delivered.
Principal Interest
Year Amo it nt Ratc
1999
S 730,000
4.50%
2000
815,000
4.50%
2001
850,000
4.50%
2002
885,000
4.50%
2003
920,000
4.50%
2004
965,000
4.50%
2005
1,005,000
4.50%
2006
1,050,000
4.50%
2007
1,095,000
6.00%
2008
1,145,000
4.60%
2009
445,000
4.60%
2010
465,000
4.60%
2011
490,000
4.70%
2012
510,000
4.30%
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2013
540,000
4.875%
2014
565,000
4.875%
2015
600,000
5.00%
2016
630,000
5.00%
2018
1,355,000
5.00%
5. Execution of Certificates: Seal. (a) The Certificates shall be signed on behalf of the City
by the Mayor and countersigned by the City Clerk, by their manual, lithographed, or facsimile
signatures, and the official seal of the City shall be impressed or placed in facsimile thereon. Such
facsimile signatures on the Certificates shall have the same effect as if each of the Certificates had
been signed manually and in person by each of said officers, and such facsimile seal on the
Certificates shall have the same effect as if the official seal of the City had been manually impressed
upon each of the Certificates.
(b) If any officer of the City whose manual or facsimile signature shall appear on the
Certificates shall cease to be such officer before the authentication of such Certificates or before the
delivery of such Certificates, such manual or facsimile signature shall nevertheless be valid and
sufficient for all purposes as if such officer had remained in such office.
(c) Except as provided below, no Certificate shall be valid or obligatory for any purpose or
be entitled to any security or benefit of this Ordinance unless and until there appears thereon the
Registrar's Authentication Certificate substantially in the form provided herein, duly authenticated
by manual execution by an officer or duly authorized signatory of the Registrar. In lieu of the
executed Registrar's Authentication Certificate described above, the Initial Certificate delivered at
the Closing Date shall have attached hereto the Comptroller's Registration Certificate substantially
in the form provided herein, manually executed by the Comptroller of Public Accounts of the State
of Texas, or by his duly authorized agent, which certificate shall be evidence that the Initial
Certificate has been duly approved by the Attorney General of the State ofTexas and that it is a valid
and binding obligation of the City, and has been registered by the Comptroller of Public Accounts
of the State of Texas.
(d) On the Closing Date, the Initial Certificate, being a single certificate representing the
entire principal amount of the Certificates, payable in stated installments to the Underwriter or its
designee, executed by manual or facsimile signature of the Mayor and City Clerk of the City,
approved by the Attorney General, and registered and manually signed by the Comptroller of Public
Accounts, shall be delivered to the Underwriter or its designee. Upon payment for the Initial
Certificate, the Registrar shall cancel the Initial Certificate and deliver Certificates to DTC in
accordance with Section 13.
6. Payment o[ erincipal and Interest. The Registrar is hereby appointed as the paying agent
and registrar for the Certificates. The principal of the Certificates shall be payable, without exchange
or collection charges, in any coin or currency of the United States of America which on the date of
payment is legal tender for the payment of debts due the United States of America, upon their
presentation and surrender as they respectively become due and payable to the Registrar at its
principal payment office in Dallas, Texas. The interest on each Certificate shall be payable on each
IN
Interest Payment Date, by check mailed by the Registrar on or before the Interest Payment Date to
the Owner of record as of the Record Date, to the address of such Owner as shown on the Register,
or by such other method, requested by the Owner, acceptable to the Registrar.
If the date for payment of the principal of or interest on any Certificate is not a Business Day,
then the date for such payment shall be the next succeeding Business Day with the same force and
effect as if made on the date payment was originally due.
7. Successor Registrars. The City covenants that at all times while any Certificates are
outstanding it will provide a commercial bank or trust company, organized under the laws of the
United States or any state, authorized under such laws to exercise trust powers, and subject to
supervision or examination by federal or state authority, to serve as and perform the duties and
services of Registrar for the Certificates. The City reserves the right to change the Registrar on not
less than 60 days written notice to the Registrar, so long as any such notice is effective not less than
60 days prior to the next succeeding principal or interest payment date on the Certificates. Promptly
upon the appointment of any successor Registrar, the previous Registrar shall deliver the Register
or copies thereof to the new Registrar, and the new Registrar shall notify each Owner, by United
States mail, first class postage prepaid, of such change and of the address of the new Registrar. Each
Registrar hereunder, by acting in that capacity, shall be deemed to have agreed to the provisions of
this Section.
8. Special Record Date. If interest on any Certificate is not paid on any Interest Payment
Date and continues unpaid for thirty (30) days thereafter, the Registrar shall establish a new record
date for the payment of such interest, to be known as a Special Record Date. The Registrar shall
establish a Special Record Date when funds to make such interest payment are received from or on
behalf of the City. Such Special Record Date shall be fifteen (15) days prior to the date fixed for
payment of such past due interest, and notice of the date of payment and the Special Record Date
shall be sent by United States mail, first class, postage prepaid, riot later than five (5) days prior to
the Special Record Date, to each affected Owner of record as of the close of business on the day prior
to the mailing of such notice.
9. Ownership Unclaimed Pringi awl and Interest. The City, the Registrar and any other
person may treat the person in whose name any Certificate is registered as the absolute owner of such
Certificate for the purpose of making and receiving payment of the principal of or interest on such
Certificate, and for all other purposes, whether or not such Certificate is overdue, and neither the
City nor the Registrar shall be bound by any notice or knowledge to the contrary. All payments
made to the person deemed to be the Owner of any Certificate in accordance with this Section shall
be valid and effectual and shall discharge the liability of the City and the Registrar upon such
Certificate to the extent of the sums paid.
Amounts held by the Registrar which represent principal of and interest on the Certificates
remaining unclaimed by the Owner after the expiration of three years from the date such amounts
Dave become due and payable shall be reported and disposed of by the Registrar in accordance with
the applicable provisions of Texas law including, to the extent applicable, Title 6 of the Texas
Property Code, as amended.
10. Registration. Transfer, and Exchange. So long as any Certificates remain outstanding,
the Registrar shall keep the Register at its principal payment office and, if such principal payment
office is not in the State of Texas, the Registrar shall maintain a copy of the Register within the State
of Texas. Subject to such reasonable regulations as it may prescribe, the Registrar shall provide for
the registration and transfer of Certificates in accordance with the terms of this Ordinance.
Each Certificate shall be transferable only upon the presentation and surrender thereof at the
principal payment office of the Registrar in Dallas, Texas, duly endorsed for transfer, or
accompanied by an assignment duly executed by the registered Owner or his authorized
representative in form satisfactory to the Registrar. Upon due presentation of any Certificate in
proper form for transfer, the Registrar shall authenticate and deliver in exchange therefor, within
three Business Days after such presentation, a new Certificate or Certificates, registered in the name
of the transferee or transferees, in authorized denominations and of the same maturity and aggregate
principal amount and bearing interest at the same rate as the Certificate or Certificates so presented.
All Certificates shall be exchangeable upon presentation and surrender at the principal
payment office of the Registrar in Dallas, Texas, for a Certificate or Certificates of like maturity and
interest rate and in any authorized denomination, in an aggregate amount equal to the unpaid
principal amount of the Certificate or Certificates presented for exchange. The Registrar shall be
and is hereby authorized to authenticate and deliver exchange Certificates in accordance with the
provisions of this Section. Each Certificate delivered in accordance with this Section shall be
entitled to the benefits and security of this Ordinance to the same extent as the Certificate or
Certificates in lieu of which such Certificate is delivered.
The City or the Registrar may require the Owner of any Certificate to pay a sum sufficient
to cover any tax or other governmental charge that may be imposed in connection with the transfer
or exchange of such Certificate. Any fee or charge of the Registrar for such transfer or exchange
shall be paid by the City.
11. Mutilated. Lost. or Stolen Certificates. Upon the presentation and surrender to the
Registrar of a mutilated Certificate, the Registrar shall authenticate and deliver in exchange therefor
a replacement Certificate of like maturity, interest rate, and principal amount, bearing a number not
contemporaneously outstanding. If any Certificate is lost, apparently destroyed, or wrongfully taken,
the City, pursuant to the applicable laws of the State of Texas and in the absence of notice or
knowledge that such Certificate has been acquired by a bona He purchaser, shall authorize and the
Registrar shall authenticate and deliver a replacement Certificate of like maturity, interest rate and
principal amount, bearing a number not contemporaneously outstanding.
The City or the Registrar may require the Owner of a mutilated Certificate to pay a sum
sufficient to cover any tax or other governmental charge that may be imposed in connection
therewith and any other expenses connected therewith, including the fees and expenses of the
Registrar. The City or the Registrar may require the Owner of a lost, apparently destroyed or
wrongfully taken Certificate, before any replacement Certificate is issued, to:
(1) furnish to the City and the Registrar satisfactory evidence of the ownership
of and the circumstances of the loss, destruction or theft of such Certificate;
Q
(2) furnish such security or indemnity as may be required by the Registrar and
the City to save them harmless;
(3) pay all expenses and charges in connection therewith, including, but not
limited to, printing costs, legal fees, fees of the Registrar and any tax or other
governmental charge that may be imposed; and
(4) meet any other reasonable requirements of the City and the Registrar.
If, after the delivery of such replacement Certificate, a bona fide purchaser of the original Certificate
in lieu of which such replacement Certificate was issued presents for payment such original
Certificate, the City and the Registrar shall be entitled.to recover such replacement Certificate from
the person to whom it was delivered or any person taking therefrom, except a bona fide purchaser,
and shall be entitled to recover upon the security or indemnity provided therefor to the extent of any
loss, damage, cost or expense incurred by the City or the Registrar in connection therewith.
If any such mutilated, lost, apparently destroyed or wrongfully taken Certificate has become
or is about to become due and payable, the City in its discretion may, instead of issuing a
replacement Certificate, authorize the Registrar to pay such Certificate.
Each replacement Certificate delivered in accordance with this Section shall be entitled to
the benefits and security of this Ordinance to the same extent as the Certificate or Certificates in lieu
of which such replacement Certificate is delivered.
12. Cancellation of Certificates. All Certificates paid in accordance %vith this Ordinance, and
all Certificates in lieu of which exchange Certificates or replacement Certificates are authenticated
and delivered in accordance herewith, shall be cancelled and destroyed upon the making of proper
records regarding such payment. The Registrar shall fumish the City with appropriate certificates
of destruction of such Certificates.
13. Book -Entry Svstem. (a) The Initial Certificate shall be registered in the name of
Southwest Securities. Except as provided in Section 14 hereof, all other Certificates shall be
registered in the name of Cede & Co., as nominee of DTC.
(b) With respect to Certificates registered in the name of Cede & Co., as nominee of DTC,
the City and the Registrar shall have no responsibility or obligation to any DTC Participant or to any
person on behalf of whom such DTC Participant holds an interest in the Certificates, except as
provided in this Ordinance. Without limiting the immediately preceding sentence, the City and the
Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of
DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Certificates,
(ii) the delivery to any DTC Participant or any other person, other than an Owner, as shown on the
Register, of any notice with respect to the Certificates, including any notice of redemption, or (iii)
the payment to any DTC Participant or any other person, other than an Owner, as shown on the
Register, of any amount with respect to principal of, premium, if any, or interest on the Certificates.
Notwithstanding any other provision of this Ordinance to the contrary, the City and the Registrar
shall be entitled to treat and consider the person in whose name each Certificate is registered in the
-7-
Register as the absolute Owner of such Certificate for the purpose of payment of principal of and
interest on the Certificates, for the purpose of giving notices of redemption and other matters with
respect to such Certificate, for the purpose of registering transfer with respect to such Certificate, and
for all other purposes whatsoever. The Registrar shall pay all principal of, premium, if any, and
interest on the Certificates only to or upon the order of the respective Owners, as shown in the
Register as provided in this Ordinance, or their respective attorneys duly authorized in writing, and
all such payments shall be valid and effective to fully satisfy and discharge the City's obligations
with respect to payments of principal, premium, if any, and interest on the Certificates to the extent
of the sum or sums so paid. No person other than an Owner, as shown in the Register, shall receive
a certificate evidencing the obligation of the City to make payments of amounts due pursuant to this
Ordinance. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has
determined to substitute a new nominee in place of Cede & Co., and subject to the provisions of this
Ordinance with respect to interest checks being mailed'to the Owner of record as of the Record Date,
the phrase "Cede & Co." in this Ordinance shall refer to such new nominee of DTC.
(c) The execution and delivery of the Blanket Issuer Letter of Representations is hereby
approved with such changes as may be approved by the Mayor of the City and the Mayor is hereby
authorized and directed to execute such Blanket Issuer Letter of Representations.
14. Successor Securities Depository: Transfer Outside Book -Entry Only S stern. In the event
that the City in its sole discretion, determines that the beneficial owners of the Certificates be able
to obtain certificated Certificates, or in the event DTC discontinues the services described herein,
the City shall (i) appoint a successor securities depository, qualified to act as such under Section
17(a) of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants,
as identified by DTC, of the appointment of such successor securities depository and transfer one
or more separate Certificates to such successor securities depository or (ii) notify DTC and DTC
Participants, as identified by DTC, of the availability through DTC of Certificates and transfer one
or more separate Certificates to DTC Participants having Certificates credited to their DTC accounts,
as identified by DTC. In such event, the Certificates shall not longer be restricted to being registered
in the Register in the name of Cede & Co., as nominee of DTC, but may be registered in the name
of the successor securities depository, or its nominee, or in whatever name or names O%yrners
transferring or exchanging Certificates shall designate, in accordance with the provisions of this
Ordinance.
15. Pavments IQ Qcde & Co. Notwithstanding any other provision of this Ordinance to the
contrary, so long as any Certificates are registered in the name of Cede & Co., as nominee of DTC,
all payments %with respect to principal of, premium, if any, and interest on such Certificates, and all
notices with respect to such Certificates, shall be made and given, respectively, in the manner
provided in the Blanket Letter of Representations.
16. Optional and Mandatory acdcmi2tion. The Certificates are subject to optional and
mandatory redemption as set forth in the form of Certificate in this Ordinance.
Principal amounts may be redeemed only in integral multiples of $5,000. If a Certificate
subject to redemption is in a denomination lamer than $5,000, a portion of such Certificate may be
redeemed, but only in integral multiples of $5,000. Upon surrender of any Certificate for redemption
-8-
in part, the Registrar, in accordance with Section 10 hereof, shall authenticate and deliver in
exchange therefor a Certificate or Certificates of like maturity, Issuance Date, and interest rate in an
aggregate principal amount equal to the unredeemed portion of the Certificate so surrendered.
Notice of any redemption identifying the Certificates to be redeemed in whole or in part shall
be given by the Registrar at least thirty days prior to the date fixed for redemption by sending written
notice by first class mail, postage prepaid, to the Owner of each Certificate to be redeemed in whole
or in part at the address shown on the Register. Such notices shall state the redemption date, the
redemption price, the place at which Certificates are to be surrendered for payment and, if less than
all Certificates outstanding of a particular maturity are to be redeemed,'the numbers of the
Certificates or portions thereof of such maturity to be redeemed. Any notice given as provided in
this Section shall be conclusively presumed to have been duly given, whether or not the Owner
receives such notice. By the date fixed for redemption, due provision shall be made with the
Registrar for payment of the redemption price of the Certificates or portions thereof to be redeemed,
plus accrued interest to the date fixed for redemption. When Certificates have been called for
redemption in whole or in part and due provision has been made to redeem the same as herein
provided, the Certificates or portions thereof so redeemed shall no longer be regarded as outstanding
except for the purpose of receiving payment solely from the funds so provided for redemption, and
the rights of the Owners to collect interest which would otherwise accrue after the redemption date
on any Certificate or portion thereof called for redemption shall terminate on the date fixed for
redemption.
17. Forms. The form of the Certificates, including the form of the Registrar's Authentication
Certificate, the form of Assignment, and the form of Registration Certificate of the Comptroller shall
be, respectively, substantially as follows, with such additions, deletions and variations as may be
necessary or desirable and not prohibited by this Ordinance, including any legend regarding bond
insurance if such insurance is obtained by the Underwriter:
REGISTERED
NUMBER
111 l
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTIES OF HARRIS AND CHAMBERS
CITY OF BAYTOWN, TEXAS
COMBINATION TAX AND REVENUE
CERTIFICATE OF OBLIGATION
SERIES 1993
-9-
REGISTERED
DENOMINATION
S
INTEREST RATE: MATURITY DATE: ISSUE DATE: CUSIP:
May 15, 1998
REGISTERED OWNER:
PRINCIPAL AMOUNT:
DOLLARS
The City of Baytown, Texas (the "City") promises to pay to the registered owner identified
above, or registered assigns, on the maturity date specified above, upon presentation and surrender
of this Certificate to Chase Bank of Texas, National Association (the "Registrar ") at its principal
payment office in Dallas, Texas, the principal amount identified above, payable in any coin or
currency of the United States of America which on the date of payment is legal tender for the
payment of debts due the United States of America, and to pay interest thereon at the rate shown
above, calculated on the basis of a 360 day year of twelve 30 day months, from the later of May 15,
1998, or the most recent interest payment date to which interest has been paid or duly provided for.
Interest on this Certificate is payable by check on February 1 and August 1, beginning on February 1,
1999, mailed to the registered owner of record as of the 15th day of the month next preceding each
interest payment date.
THIS CERTIFICATE is one of a duly authorized issue of Certificates of Obligation,
aggregating $15,060,000 (the "Certificates "), issued in accordance with the Constitution and laws
of the State of Texas, particularly Chapter 271, Texas Local Government Code, as amended, for the
purpose of evidencing the indebtedness of the City for all or any part of the cost of the construction
of a convention center, the construction of a jail building, the purchase of a communications system,
the construction of improvements to the City's water and sanitary sewer system, and the cost of
professional services incurred in connection therewith, pursuant to an ordinance duly adopted by the
City Council of the City (the "Ordinance "), which Ordinance is of record in the official minutes of
the City Council.
THE CITY RESERVES THE RIGHT to redeem Certificates prior to maturity, in whole or
from time to time in part, in integral multiples of $5,000, on August 1, 2008, or any date thereafter
at par plus accrued interest on the principal amounts called for redemption to the date fixed for
redemption. Reference is made to the Ordinance for complete details concerning the manner of
redeeming the Certificates.
THE CERTIFICATES maturing in the year 2018 (the "Term Certificates ") arc also subject
to mandatory redemption prior to maturity in the amounts and on the dates set out below, at a price
equal to the principal amount to be redeemed plus accrued interest to the redemption date:
lm
TERM CERTIFICATES 2018
Mandatory Redemption Date Amount
February 1, 2017 $660,000
The particular Tenn Certificates to be redeemed shall be selected by the Registrar by lot or
other customary random selection method, on or before January 1 of each year in which Term
Certificates are to be mandatorily redeemed. The principal amount of Term Certificates to be
mandatorily redeemed in each year, shall be reduced by the principal amount of such Term
Certificates that have been acquired by the City and delivered to the Registrar for cancellation or
have been optionally redeemed and which have not been made the basis for a previous reduction.
NOTICE OF ANY REDEMPTION shall be given at least thirty (30) days prior to the date
fixed for redemption by first class mail, addressed to the registered owner of each Certificate to be
redeemed in whole or in part at the address shown on the books of registration kept by the Registrar.
When Certificates or portions thereof have been called for redemption, and due provision has been
made to redeem the same, the principal amounts so redeemed shall be payable solely from the funds
provided for redemption, and interest which would otherwise accrue on the amounts called for
redemption shall terminate on the date fixed for redemption.
THIS CERTIFICATE is transferable only upon presentation and surrender at the principal
payment office of the Registrar in Dallas, Texas, duly endorsed for transfer or accompanied by an
assignment duly executed by the registered owner or his authorized representative, subject to the
terms and conditions of the Ordinance.
THE CERTIFICATES are exchangeable at the principal payment office of the Registrar in
Dallas, Texas, for Certificates in the principal amount of S5,000 or any integral multiple thereof,
subject to the terms and conditions of the Ordinance.
THIS CERTIFICATE shall not be valid or obligatory for any purpose or be entitled to any
benefit under the Ordinance unless this Certificate is either (i) registered by the Comptroller of
Public Accounts of the State of Texas by registration certificate attached or affixed hereto or (ii)
authenticated by the Registrar by due execution of the authentication certificate endorsed hereon.
THE REGISTERED OWNER of this Certificate, by acceptance hereof, acknowledges and
agrees to be bound by all the terms and conditions of the Ordinance.
THE CITY has covenanted in the Ordinance that it will at all times provide a legally qualified
registrar for the Certificates and will cause notice of any change of registrar to be mailed to each
registered owner.
IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and
validly issued and delivered; that all acts, conditions and things required or proper to be performed,
to exist and to be done precedent to or in the issuance and delivery of this Certificate have been
performed, exist and have been done in accordance with law; and that annual ad valorem taxes,
within the limits prescribed by law, sufficient to provide for the payment of the interest on and
principal of this Certificate, as such interest comes due and such principal matures, have been levied
and ordered to be levied against all taxable property in the City, and have been pledged irrevocably
for such payment.
IT IS FURTHER certified, recited and represented that the revenues, in an amount not to
exceed $10,000, to be derived from the operation of the City's waterworks and sanitary sewer system,
after the payment of all operation and maintenance expenses thereof (the "Net Revenues "), are
pledged to the payment of the principal of and interest on the Certificates to the extent that taxes may
ever be insufficient or unavailable for said purpose; provided, however, that such pledge is junior
and subordinate in all respects to the pledge of the Net Revenues to the payment of any obligation
of the City, whether authorized heretofore or hereafter; .which the City designates as having a pledge
senior to the pledge of the Net Revenues to the payment of the Certificates. The City also reserves
the right to issue, for any lawful purpose at any time, in one or more installments, bonds, certificates
of obligation and other obligations of any kind payable in whole or in part from the Net Revenues
of its waterworks and sanitary sewer system, secured by a pledge of the Net Revenues that may be
prior and superior in right to, on a parity with, or junior and subordinate to the pledge of the Net
Revenues securing the Certificates.
IN WITNESS WHEREOF, this Certificate has been signed with the manual or facsimile
signature of the Mayor and countersigned with the manual or facsimile signature of the City Clerk,
and the official seal of the City has been duly impressed, or placed in facsimile, on this Certificate.
(AUTHENTICATION (SEAL) CITY OF BAYTOWN, TEXAS
CERTIFICATE)
Mayor
City Clerk
•w . & r
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Certificate has been examined, certified as to validity, and approved
by the Attorney General of the State of Texas, and that this Certificate has been registered by the
Comptroller of Public Accounts of the State of Texas.
-12-
WITNESS MY SIGNATURE AND SEAL this
xxxxxxxxxx
Comptroller of Public Accounts
(SEAL) of the State of Texas
(c) Form of Registrar's Authentication Certificate.
AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate has been delivered pursuant
to the Ordinance described in the text of this-Certificate.
Chase Bank of Texas, National Association
As Paying Agent/Registrar
By
Authorized Signature
Date of Authentication
ASSIGNMENT
For value received, the undersigned hereby sells, assigns, and transfers unto
(Please print or type name, address, and zip code of Transferee)
(Please insert Social Security or Taxpayer Identification Number of Transferee)
the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints
attorney to transfer said Certificate on the books kept for registration thereof, with full power of
substitution in the premises.
DATED:
Signature Guaranteed:
NOTICE: Signature must be guaranteed
by a member firm of the New York Stock
Exchange or a commercial bank or trust
company.
-13-
Registered Owner
NOTICE: The signature above must correspond
to the name of the registered owner as shown
on the face of this Certificate, in every particular,
without any alteration, enlargement or change
whatsoever.
(e) The Initial Certificate shall be in the form set forth in paragraphs (a), (b) and (d) of this
Section, except for the following alterations:
(i) immediately under the name of the Certificate, the headings
"INTEREST RATE" and "MATURITY DATE" shall both be
completed with the words "As Shown Below" and the word " CUSIP"
deleted;
(ii) in the first paragraph of the Certificate, the words "on the
maturity date specified above" and "at the rate shown above" shall be
deleted and the following shall be inserted at the end of the first
sentence "..., with such principal to.. be paid in installments on
February 1 in each of the years and in the principal amounts identified
in the following schedule and with such installments bearing interest
at the per annum rates set forth in the following schedule:
[Information to be inserted from schedule in Section 4)
(iii) the Initial Certificate shall be numbered I -l.
18. ,l; eggl 012inion: Cusip Numbers: Bond Insurance. The approving opinion of Vinson &:
Elkins L.L.P., Houston, Texas, and CUSIP Numbers may be printed on the Certificates, but errors
or omissions in the printing of such opinion or such numbers shall have no effect on the validity of
the Certificates. If bond insurance is obtained by the Underwriter, the Certificates may bear an
appropriate legend as provided by the insurer.
19. Debt Service Fund: Tax Lew. There is hereby established a separate fund of the City
to be kno%vn as the City of Baytown, Texas, Combination Tax and Revenue Certificates of
Obligation, Series 1998 Debt Service Fund (the "Debt Service Fund "), which shall be kept separate
and apart from all other funds of the City. The proceeds from all taxes levied, assessed and collected
for and on account of the Certificates authorized by this Ordinance shall be deposited, as collected,
in the Debt Service Fund. While the Certificates or any part of the principal thereof or interest
thereon remain outstanding and unpaid, there is hereby levied and there shall be annually assessed
and collected in due time, form and manner, and at the same time as other City taxes are assessed,
levied and collected, in each year, beginning with the current year, a continuing direct annual ad
valorem tax, within the limits prescribed by law, upon all taxable property in the City, sufficient to
pay the current interest on the Certificates as the same becomes due and to provide and maintain a
sinking fund of not less than two percent of the principal amount of the Certificates or the amount
required to pay each installment of principal of the Certificates as the same matures, whichever is
greater, full allowance being made for delinquencies and costs of collection, and said taxes are
hereby irrevocably pledged to the payment of the interest on and principal of the Certificates and to
no other purpose.
20. Pledge of Revenues. The revenues to be derived from the operation of the City's
waterworks and sewer system, in an amount not to exceed S 10,000, after the payment of all operation
and maintenance expenses thereof (the "Net Revenues "), arc hereby pledged to the payment of the
-14-
principal of and interest on the Certificates as the same come due, to the extent that the taxes
mentioned in Section 19 of this Ordinance may ever be insufficient or unavailable for said purpose;
provided, however, that such pledge is and shall be junior and subordinate in all respects to the
pledge of the Net Revenues to the payment of any obligation of the City, whether authorized
heretofore or hereafter, which the City designates as having a pledge senior to the pledge of the Net
Revenues to the payment of the Certificates. The City also reserves the right to issue, for any lawful
purpose at any time, in one or more installments, bonds, certificates of obligation and other
obligations of any kind payable in whole or in part from the Net Revenues, secured by a pledge of
the Net Revenues that may be prior and superior in right to, on a parity with, or junior and
subordinate to the pledge of the Net Revenues securing the Certificates.
21. Further Proceedings. After the Certificates to be initially issued have been executed, it
shall be the duty of the Mayor and other appropriate officials and agents of the City to deliver the
Certificates to be initially issued and all pertinent records and proceedings to the Attorney General
of the State of Texas, for examination and approval. After the Certificates to be initially issued have
been approved by the Attorney General, they shall be delivered to the Comptroller for registration.
Upon registration of the Certificates to be initially issued, the Comptroller (or the Comptroller's bond
clerk or an assistant bond clerk lawfully designated in writing to act for the Comptroller) shall
manually sign the Comptroller's Registration Certificate prescribed herein and the seal of said
Comptroller shall be impressed, or placed in facsimile, thereon.
22. SAk. The sale and delivery of the Certificates to Southwest Securities (the
"Underwriter ") at a price of par, plus accrued interest thereon to date of delivery, is hereby
authorized, approved, ratified and confirmed, subject to the approving opinion as to the legality of
the Certificates of the Attorney General of the State of Texas, and of Vinson & Elkins L.L.P.,
Houston, Texas, bond counsel. It is hereby found and declared that the Certificates were sold at
public sale and that the bid of the Underwriter was the best bid received by the City.
U OTI e
(a) General Tax Covenant. The City intends that the interest on the Certificates shall be
excludable from gross income for purposes of federal income taxation pursuant to sections 103 and
141 through 150 of the Internal Revenue Code of 1986, as amended (the "Code), and applicable
Income Tax Regulations (the "Regulations "). The City covenants and agrees not to take any action,
or knowingly omit to take any action within its control that, if taken or omitted, respectively, would
cause the interest on the Certificates to be includable in gross income, as defined in section 61 of the
Code, for federal income tax purposes. In particular, the City covenants and agrees to comply with
each requirement of this Section; provided, however, that the City shall not be required to comply
with any particular requirement of this Section if the City has received an opinion of nationally
recognized bond counsel ( "Counsel's Opinion ") that such noncompliance will not adversely affect
the exclusion from gross income for federal income tax purposes of interest on the Certificates or
if the City has received a Counsel's Opinion to the effect that compliance with some other
requirement set forth in this Section will satisfy the applicable requirements of the Code and
Regulations, in which case compliance with such other requirement specified in such Counsel's
Opinion shall constitute compliance with the corresponding requirement specified in this Section.
-15-
(b) No Private Use or Payment and No Private Loan Financing. The City shall certify,
through an authorized officer, employee or agent that based upon all facts and estimates known or
reasonably expected to be in existence on the date the Certificates are delivered, that the proceeds
of the Certificates will not be used in a manner that would cause the Certificates to be "private
activity bonds" within the meaning of section 141 of the Code and the Regulations promulgated
thereunder. Moreover, the City covenants and agrees that it will make such use of the proceeds of
the Certificates including interest or other investment income derived from Certificate proceeds,
regulate the use of property financed, directly or indirectly, with such proceeds, and take such other
and further action as may be required so that the Certificates will not be "private activity bonds"
within the meaning of section 141 of the Code and the Regulations promulgated thereunder.
(c) Flo Federal Guarantee. The City covenants and agrees not to take any action, or
knowingly omit to take any action within its control, that, if taken or omitted, respectively, would
cause the Certificates to be "federally guaranteed" within the meaning of section 149(b) of the Code
and the applicable Regulations thereunder, except as permitted by section 149(b)(3) of the Code and
such Regulations.
(d) No Hedge Bonds. The City covenants and agrees that it has not and will not to take any
action, and has not knowingly omitted and will not knowingly omit to take any action, within its
control, that, if taken or omitted, respectively, would cause the Certificates to be "hedge bonds"
within the meaning of section 149 (8) of the Code and the applicable Regulations thereunder.
(e) No Arbitrage. The City shall certify, through an authorized officer, employee or agent
that based upon all facts and estimates known or reasonably expected to be in existence on the date
the Certificates are delivered, the City will reasonably expect that the proceeds of the Certificates
will not be used in a manner that would cause the Certificates to be "arbitrage bonds" within the
meaning of section 148(a) of the Code and the applicable Regulations promulgated thereunder.
N4oreover, the City covenants and agrees that it will make such use of the proceeds of the Certificates
including interest or other investment income derived from Certificate proceeds, regulate
investments of proceeds of the Certificates, and take such other and further action as may be required
so that the Certificates will not be "arbitrage bonds" within the meaning of section 148(a) of the
Code and the applicable Regulations promulgated thereunder.
(f) Arbitrage Rebate. If the City does not qualify for an exception to the requirements of
Section 148(f) of the Code relating to the required rebate to the United States, the City will take all
necessary steps to comply with the requirement that certain amounts earned by the City on the
investment of the "gross proceeds" of the Certificates (within the meaning of section 148(f)(6)(13)
of the Code), be rebated to the federal government. Specifically, the City will (i) maintain records
regarding the investment of the gross proceeds of the Certificates as may be required to calculate the
amount earned on the investment of the gross proceeds of the Certificates separately from records
of amounts on deposit in the funds and accounts of the City allocable to other bond issues of the City
or moneys which do not represent gross proceeds of any bonds of the City, (ii) calculate at such
times as arc required by applicable Regulations, the amount earned from the investment of the gross
proceeds of the Certificates which is required to be rebated to the federal government, and (iii) pay,
not less often than every fifth anniversary date of the delivery of the Certificates or on such other
dates as may be permitted under applicable Regulations, all amounts required to be rebated to the
-16-
federal government. Further, the City will not indirectly pay any amount otherwise payable to the
federal government pursuant to the foregoing requirements to any person other than the federal
government by entering into any investment arrangement with respect to the gross proceeds of the
Certificates that might result in a reduction in the amount required to be paid to the federal
government because such arrangement results in a smaller profit or a larger loss than would have
resulted if the arrangement had been at arm's length and had the yield on the issue not been relevant
to either party.
(g) Information Reporting. The City covenants and agrees to file or cause to be filed with
the Secretary of the Treasury, not later than the 15th day of the second calendar month after the close
of the calendar quarter in which the Certificates are issued, an information statement concerning the
Certificates, all under and in accordance with section 149(e) of the Code and the applicable
Regulations promulgated thereunder.
(h) !QQntinuing�Obligation. Notwithstanding any other provision of this Ordinance, the City's
obligations under the covenants and provisions of this Section shall survive the defeasance and
discharge of the Certificates.
24. Use of Proceeds. Proceeds from the sale of the Certificates shall, promptly upon receipt
by the City, be applied as follows:
(a) Accrued interest on the Certificates shall be deposited into the Debt
Service Fund.
(b) The proceeds of the Certificates shall be used for the purposes
described in Section 2 of this Ordinance and for paying the costs of
issuance of the Certificates. Earnings on investments of such
proceeds may, at the City's discretion, be transferred to the Debt
Service Fund.
25. Official Statement. The City ratifies and confirms its prior approval of the form and
content of the Preliminary Official Statement prepared in the initial offering and sale of the
Certificates and hereby authorizes the preparation of a Final Official Statement thereto reflecting the
terms of the Underwriter's bid and other relevant information. The use of such Official Statement
in the reoffering of the Certificates by the Underwriter is hereby approved and authorized. The
proper officials of the City are hereby authorized to execute and deliver a certificate pertaining to
such Official Statement as prescribed therein, dated as of the date of payment for and delivery of the
Certificates.
26. Continuing QisrlgsLirg Undertaking. (a) Annual Repo. The City shall provide
annually to each NRMSIR and the SID, within six months after the end of each fiscal year, financial
information and operating data with respect to the City of the general type included in the final
Official Statement authorized by Section 25 of this Ordinance under Tables numbered 1 through 7
and 9 through 18, and in Appendix B. The information to be provided will include audited financial
statements, if the City commissions an audit and it is completed by the required time. If audited
financial statements arc not available by the required time, the City will provide unaudited financial
-17-
statements at the required time and audited financial statements when and if they become available.
Any financial statements so to be provided shall be prepared in accordance with the accounting
principles described in Appendix B to the Official Statement, or such other accounting principles
as the City may be required to employ from time to time pursuant to State law or regulation.
If the City changes its fiscal year, it will notify each NRMSIR and the SID of the change (and
of the date of the new fiscal year end) prior to the next date by which the City otherwise would be
required to provide financial information and operating data pursuant to this Section.
The financial information and operating data to be provided pursuant to this Section may be
set forth in full in one or more documents or may be included by specific reference to any document
(including an official statement or other offering document, if it is available from the MSRB) that
theretofore has been provided to each NRMSIR and the SID or filed with the SEC.
(b) Material Event Notices. The City shall notify the SID and either each NRMSIR or the
MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such
event is material within the meaning of the federal securities laws:
A. Principal and interest payment delinquencies;
B. Non - payment related defaults;
C. Unscheduled draws on debt service reserves reflecting financial
difficulties;
D. Unscheduled draws on credit enhancements reflecting financial
difficulties;
E. Substitution of credit or liquidity providers, or their failure to
perform;
F. Adverse tax opinions or events affecting the tax- exempt status of the
Certificates;
G. Modifications to rights of holders of the Certificates;
H. Certificate calls;
I. Defeasances;
J. Release, substitution, or sale of property securing repayment of the
Certificates; and
K. Rating changes.
The City shall notify the SID and either each NRMSIR or the MSRB, in a timely manner, of
any failure by the City to provide financial information or operating data in accordance with Section
26(a) of this Ordinance by the time required by such Section.
(c) Limitations. Disclaimers. and Amendments. The City shall be obligated to observe and
perform the covenants specified in this Section for so long as, but only for so long as, the City
remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except
that the City in any event will give notice of any deposit made in accordance with Texas law that
causes Certificates no longer to be outstanding.
Im!
The provisions of this Section are for the sole benefit of the holders and beneficial owners
of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal
or equitable right, remedy, or claim hereunder to any other person. The City undertakes to provide
only the financial information, operating data, financial statements, and notices which it has
expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any
other information that may be relevant or material to a complete presentation of the City's financial
results, condition, or prospects or hereby undertake to update any information provided in
accordance with this Section or otherwise, except as expressly provided herein. The City does not
make any representation or warranty concerning such information or its usefulness to a decision to
invest in or sell Certificates at any future date.
UNDER NO CIRCUMSTANCES SHALL THE CITY BE LIABLE TO THE HOLDER OR
BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT
OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY
THE CITY, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY
COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY
SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH
SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE.
No default by the City in observing or performing its obligations under this Section shall
comprise a breach of or default under this Ordinance for purposes of any other provision of this
Ordinance.
Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the
duties of the City under federal and state securities laws.
The provisions of this Section may be amended by the City from time to time to adopt to
changed circumstances that arise from a change in legal requirements, change in law, or change in
the identity, nature, status or type of operations of the City, but only if (1) the agreement, as
amended, would have permitted an underwriter to purchase or sell Certificates in the primary
offering of the Certificates in compliance with the Rule, taking into account any amendments or
interpretations of the Rule to the date of such amendment, as well as such changed circumstances,
and (2) either (a) the holders of a majority in aggregate principal amount of the outstanding
Certificates consent to such amendment, or (b) a person unaffiliated with the City (such as nationally
recognized bond counsel), determines that the amendment will not materially impair the interests
of the holders and beneficial owners of the Certificates. The City may also amend or repeal the
provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable
provisions of the Rule or a court of final jurisdiction enters judgment hat such provisions of the Rule
are invalid, but only if and to the extent that the provisions of this sentence would not prevent an
underwriter form lawfully purchasing or selling Certificates in the primary offering of the
Certificates. If any such amendment is made, the City will include in its next annual update an
explanation in narrative form of the reasons for the change and its impact on the type of operating
data or financial information being provided.
M
27. Related Matters. The Mayor, the City Manager, the City Clerk, the Assistant City
Manager/Finance, and other appropriate officials of the City are hereby authorized and directed to
do any and all things necessary and/or convenient to carry out the terms of this Ordinance.
28. Registrar. The form of agreement setting forth the duties of the Registrar is hereby
approved, and the appropriate officials of the City are hereby authorized to execute such agreement
for and on behalf of the City.
29. No Personal Liability. No recourse shall be had for payment of the principal of or
interest on any Certificates or for any claim based thereon, or on this Ordinance, against any official
or employee of the City or any person executing any Certificates.
30. Open MgetinQ. It is hereby officially found and determined that the meeting at which
this Ordinance was adopted was open to the public, and that public notice of the time, place and
purpose of said meeting was given, all as required by the Texas Open Meetings Act.
PASSED AND APPROVED this 28th day of May, 1998.
ATTEST:
City Clerk
CITY OF BAYTOWN, TEXAS
(SEAL)
-20-
Mayor
CITY OF BAYTOWN, TEXAS
�a
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cad
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a.l
CITY OF BAYTOWN
BID TABULATION
TITLE: ANNUAL FIREWORKS DISPLAY CONTRACT
t3t0 ►►: REP- 0498 -OG
DATE: MAY 19, 1998 2:00 I'.M.
sIh/RFP 0498 -06 TABULATION ANNUAL FIREWORKS DISPLAY CONTRACT.xIs
Page 1 of 1 5122198 10:07 AM
ATLAS ENTERPRISES, INC.
ZAMBELLI FIREWORKS MFG.
ITEM
QUANTITY
UNIT
DESCRIPTION
UNIT PRICE
EXT. PR[CE
UN[T PRICE
EXT. PRICE
This proposal shall be for the 4th of July Fireworks display, maximum budgeted amount of 515,000.00. Tttis
year's display shall exceed
last year's performance and include a special effects display for the 50th Anniversay of the City of Baytown.
I
1
LOT
LABOKANDANYOTHERNECESSARY
$14,750.40
Ss,95o.00
AtATERIAIS TO PERFORM FIREt1'ORK'S
DISPLAY SERVICE. COMPLETE LABOR
COSTS h1ATERIALS INLUDING ALL FIREWORKS.
This proposal was evaluated with particular weight to:
iVeigbled pnrnl sylens
A. Canfonnity to spaifications.
1•!0 points
l0
10
B. ftcliabiliry/References
! -/0 pains
10
10
C. Approved Standards
! -/0 points
l0
10
D. Display Program offered including firing method. 1 -30 points
excecdi min. rcq. by 47%
30
15
L•. Minimum Fireworks Rcquiremenu
1 -20 poirrrs
20
20
F. Contingency plan for cancellation of display program. 1 -20 points
30% cancelfarion jee
20
injonnarion not prorided
0
LAST YEAR'S BID:
100
ATLAS ENTERPRISES, INC
ZAMBELLI FIREWORKS
65
MFG.
ITEM
QUANTITY
UNIT
DESCRIPTION
UNIT PRICE
EXT. PRICE
UNIT PRICE
EXT. PRICE
1
LOT
LABOR AND OTHER NECESSARY hIATERIAIs
TO PERFORM FIREWORK'S DISP[,AY
INCLUDED
$2,215.00
II
(
LOT
FIREWORKS (ITEMS a1 -36)
58,875.00
56,735.00
GRAND TOTALS:
58,87.00
58,950.00
sIh/RFP 0498 -06 TABULATION ANNUAL FIREWORKS DISPLAY CONTRACT.xIs
Page 1 of 1 5122198 10:07 AM
U
a
d
++
a.i
d
CITY OF BAYTOWN
BID TABULATION
TITL ANNUAL LIQUID CHLORINE CONTRACT
BID 9804 -63 AWARDED AS AN "ALL OR NONE" BID
DAT 'MAY 5, 1998 2:00 P.M.
slhl98Q4 -63 TABULATION ANNUAL LIOUIO CHLORINE CONTRACT
Page t o! t
12/98 1 55 PM
ACETYLENE OXYGEN CO
COASTAL PROD. &CHEM
DXI INDUSTRIES,
INC.
JONES CHEMICAL,
INC.
NO.
QTY.
UNIT
DESCRIPTION
UNIT PRICE
EXT. PRICE
UNIT PRICE
EXT. PRICE
UNIT PRICE
EXT. PRICE
UNIT PRICE
EXT. PRICE
1
110
EACH
LIQUID CHLORINE -UNIT PRICE PER
EACH ONE -TON CYLINDER
475.00
52,250.00
303.00
33,330.00
412.00
45,320.00
294.50
32,395.00
SUPPLY POINT:
ROSENBERG, TEXAS
HOUSTON, TEXAS
HOUSTON,
TEXAS
HOUSTON, TEXAS
DELIVERY:
3 DAYS ARO
3 DAYS ARO
3 DAYS ARO
3 DAYS ARO
LAST YEAR'S PRICES: JONES CHEMICALS, INC
NO. QTY. UNIT DESCRIPTION UNIT PRICE EXT. PRICE
1 80 EACH LIQUID CHLORINE -UNIT PRICE PER 341.00 27,280.00
EACH ONE -TON CYLINDER
Mailed 4 bids and received 4 bids.
This year s coniract is an 18 %increase compared to last year's
overall contract award. Quantities were increased due to growth in
housing and commercial development within the City.
The price per ton is a 13 %decrease compared to last year's price
per ton due to quantities being increased, lowered pricing in the
chlorine market, and competitiveness among the suppliers.
slhl98Q4 -63 TABULATION ANNUAL LIOUIO CHLORINE CONTRACT
Page t o! t
12/98 1 55 PM
A
a
.�
CITY OF BAYTOWN
BID TABULATION
TITLE: New NT Servers
DATE: Mav 17, 1998
NO.
QTY.
UNIT
DESCRIPTION
COMPUTERS, ELECTRONIC
SPECTRUM COMPUTERS
MICROSTOP
UNIT PRICE
EXT. PRICE
UNIT PRICE
EXT. PRICE
UNIT PRICE
EXT. PRICE
1
4
each
Twin PII 333 Server
3,245.00
12,980.00
3,282.00
13,128.00
3,322.00
13,288.00
2
1
Shipping
45.00
GRAND TOTAL:
13,025.00
SUPPLY POINT:
HOUSTON, TEXAS
HOUSTON, TEXAS
HOUSTON, TEXAS
DELIVERY:
30 days
30 days
30 days
MAILED BID TO 3 SUPPLIERS AND RECEIVED 3 BIDS.
slh/Tab for NT Servers.xls
Page 1 of 1 5122198 1:38 PM