2001 12 13 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
December 13, 2001
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on December 13, 2001, at
6:30 p.m. in the Council Chamber of the Baytown City Hall with the following in attendance:
Mercedes Renteria, III
Council Member
Ronnie Anderson
Council Member
Calvin Mundinger
Council Member
Don Murray
Council Member
Scott Sheley
Council Member
Pete C. Alfaro Mayor
Monte Mercer City Manager
Ignacio Ramirez, Sr. City Attorney
Gary W. Smith City Clerk
Absent was: Coleman Godwin Council Member
The meeting was opened with a quorum present and Council Member Sheley led the pledge of
allegiance and offered the invocation after which the following business was conducted:
Consider approval of minutes of the work session and special meeting held on November 20,
2001.
Council Member Murray moved approval of the minutes of the work session and special meeting
held on November 20, 2001. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
Abstention: Council Member Anderson.
The motion carried.
Consider Proposed Ordinance No. 011213 -9, repealing the existing residential code and
adopting the 2000 International Residential Code (IRC) in its stead, as mandated by Texas
Local Government Code, Chapter 214.
The IRC will provide uniformity of regulation of residential construction codes from city to city.
The proposed ordinance provides limited amendments to the IRC related to administration, fees and
appeals to maintain our present procedures.
Page 2 of 16
Minutes of the Regular Session - December 13, 2001
Council Member Mundinger moved adoption of the proposed ordinance. Council Member
Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9278
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS
AMENDING CHAPTER 18 `BUILDINGS AND BUILDING REGULATIONS," ARTICLE II
"BUILDING CONSTRUCTION STANDARDS," DIVISION 3 "BUILDING CODE," SECTION
18 -92 "AMENDMENTS "; ARTICLE II "BUILDING CONSTRUCTION STANDARDS,"
DIVISION 4 "BUILDING AND DEVELOPMENT PERMITS," SECTION 18 -127 "BUILDING
PERMIT FEE SCHEDULE "; ARTICLE III "ELECTRICAL CODE," DIVISION 4 "PERMITS
AND INSPECTIONS," SECTION 18 -255 "FEES"; ARTICLE V "MECHANICAL CODE,"
DIVISION 4 "LICENSES AND PERMITS," SECTION 18 -589 "FEES "; ARTICLE VI
"MINIMUM PROPERTY STANDARDS," DIVISION 2 "ONE- AND TWO - FAMILY
DWELLINGS AND TOWNHOUSES," SECTION 18 -651 "RESIDENTIAL CODE ADOPTED";
AND ARTICLE VI "MINIMUM PROPERTY STANDARDS," DIVISION 2 "ONE- AND TWO -
FAMILY DWELLINGS AND TOWNHOUSES," SECTION 18 -652 "AMENDMENTS TO THE
RESIDENTIAL CODE" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO
ADDRESS THE APPROPRATE FEE FOR PERMITS IF WORK COMMENCED PRIOR TO
OBTAINING A REQUIRED PERMIT AND TO ADOPT THE INTERNATIONAL
RESIDENTIAL CODE AND AMENDMENTS THERETO; PRESCRIBING A MAXIMUM
PENALTY OF FIVE HUNDRED AND NO /100 DOLLARS ($500.00); PROVIDING A
REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE
PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 011213 -2, approving application to the Criminal Justice
Division, Office of the Governor for a Law Enforcement Program Grant for the Harris
County Organized Crime & Narcotics Task Force, designating the City Manager as the
Authorized Official; and authorizing the City Manager accept any grant awarded from the
application.
The total match for this grant will be $1,213,494. The City of Baytown's match portion of the local
match is $85,616. The remaining match money will come from member agencies and generated
program income.
Council Member Sheley moved adoption of the proposed resolution. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 3of16
Minutes of the Regular Session - December 13, 2001
RESOLUTION NO. 1526
A RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF BAYTOWN,
TEXAS, TO APPLY FOR A GRANT TO THE OFFICE OF THE GOVERNOR, CRIMINAL
JUSTICE DIVISION, TEXAS NARCOTIC CONTROL PROGRAM IN CONNECTION WITH
THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE;
AUTHORIZING THE REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD
THAT MAY RESULT THEREFROM; AUTHORIZING THE CITY'S PORTION OF THE
MATCH FUNDS, WHICH TOTALS ONE MILLION TWO HUNDRED THIRTEEN
THOUSAND FOUR HUNDRED NINETY -FOUR AND NO /100 DOLLARS ($1,213,494.00);
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider plans and specifications for the construction of a boat ramp and related
improvements at the Eddie V. Gray Wetlands Education and Recreation Center and
authorize advertisement for bids.
The project will include the construction of a boat ramp with launching pier, floating dock, lighting
and parking at the Wetlands Center. The project includes dredging a 1,550 linear-foot by 50 foot -
wide by 4 -foot deep channel from the new ramp site to the Market Street Bridge.
A pre -bid conference is planned for January 14, 2002 with the bid opening set for January 21, 2002.
We plan to award a contract on January 24, 2002. Construction is expected to begin in February
with completion by May. Total projected cost is $473,125, with $118,281 from the 1999 CO Bond
Program and a $354,844 grant from Texas Parks and Wildlife Department's Wallop- Breaux Fund.
The Goose Creek Stream Development Committee and the Parks and Recreation Advisory Board
have approved the plans and specifications and recommend approval. This project is consistent
with our Comprehensive Plan and Council's priorities as it enhances our waterfront and water
access.
Council Member Sheley moved approval of plans and specifications and advertisement for bids for
the construction of a boat ramp and related improvements at the Eddie V. Gray Wetlands Education
and Recreation Center. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 4of16
Minutes of the Regular Session - December 13, 2001
Consent Agenda
a) Proposed Resolution No. 011213 -1 requests the sheriff or constable to sell (1) Lots
41 and 42, Block 1, Minnesota Street and (2) Lot 44, Block 1, 3310 Minnesota
Street, Baytown, Harris County, Texas, at a public sale pursuant to Section 34.05(c)
of the Texas Tax Code. In 1997, the Legislature amended the Tax Code to allow
taxing entities to sell via a public sale property held by a taxing entity as a result of
the receipt of an insufficient bid at a tax foreclosure sale. At a public sale, the
property will be sold at a public auction at the courthouse door of the county on the
first Tuesday of the month, between the hours of 10:00 a.m. and 4:00 p.m. The
acceptance of a bid at such a sale is conclusive and binding on the question of its
sufficiency. As such, it is believed that this process will provide the City an efficient
mechanism for (i) returning deteriorated or unproductive properties to the tax rolls,
(ii) enhancing the value of ownership to the properties neighboring those which have
been bid off to the City in tax foreclosure sales, and (iii) improving the safety and
quality of life throughout the City. This resolution authorizes sale of the following
properties:
(1) Property address: Minnesota Street, Baytown, Texas 77520
Legal description: Lots 41 and 42, Block 1, East Baytown
Number and style of suit: Cause No. 1986- 24295; City of Baytown v. Mike
Eskew; In the 128`h Judicial District Court, Hams
County, Texas
Date of tax foreclosure sale: March 11, 1998
HCAD account #: 059- 091- 000 -0041
(2) Property address: 3310 Minnesota Street, Baytown, Texas 77520
Legal description: Lot 44, Block 1, East Baytown
Number and style of suit: Cause No. 1990- 57211; City of Baytown v. Robert
L. Cook, Jr., and Julia Sharon Cook; In the 6151
Judicial District Court, Harris County, Texas
Date of tax foreclosure sale: March 17, 1993
HCAD account #: 059- 091 - 000 -0044
The right of redemption has expired on the properties. The properties contain no
improvements.
b) Proposed Ordinance No. 011213 -11 authorizes an Industrial District Agreement with
Unimast, Inc., for a seven -year period. This is the first of such agreement with
Unimast. The plant covers approximately 8 acres and manufactures steel studs and
other building products and is located in Cedar Crossing Business Park within
Industrial District No. 3. Unimast's 2001 value is $4,114,780.00. The proposed
agreement includes clarifying language that the City has the absolute right to
communicate its interest in or opposition to matters regulated by other governmental
entities and to participate in any related administrative or judicial proceeding.
Page 5 of 16
Minutes of the Regular Session - December 13, 2001
C) Proposed Ordinance No. 011213 -12 awards the final renewal of the annual Cationic
Polymer contract to Fort Bend Services, Inc., in the amount of $47,093.75. Fort
Bend Services, Inc., has requested to exercise its option to renew this annual contract
for the same pricing, terms, and conditions. Quantities remain the same. This
contract is used by the Wastewater Treatment Plants in flocculation applications
utilizing belt presses and centrifuges. Testing for this product occurs every five (5)
years. Three products passed the testing requirements during the original bidding
process. This bid was originally evaluated based upon the cost per dry ton of sludge
produced. This is the standard used in the industry for determining the best polymer to
be used.
d) Proposed Ordinance No. 011213 -13 authorizes expenditures for the second year of
the annual Uniform Rental & Miscellaneous Rental Services contract to Aramark
Uniform Services, Inc., in the amount of $60,000. Weekly rental cost per employee
is $7.10. This is a two (2) year contract providing uniform rental services for 155
employees from Central Warehouse, Mosquito Control, Utilities, Streets, Drainage,
Solid Waste, Wastewater Treatment, Traffic, Parks, Fire Garage, Police Garage, and
Equipment Services Garage. Other items provided are shop towels, mats and fender
covers.
e) Proposed Ordinance No. 011213 -14 awards purchase of twenty -six laptop computers
and accessories from TRIO Teknologies in the amount of $118,248. Each laptop
computer costs $4,548. Twenty -five laptops are for the Police Department and one
laptop is for the Fire Department. TRIO Teknologies is a Qualified Information
Systems Vendor. A local government that participates in the cooperative purchasing
program established under sections 271.082 and 271.083 of the Local Government
Code satisfies otherwise applicable competitive bidding requirements when it makes
a purchase through the catalogue purchasing procedure established by article 6701b,
section 3.081, V.T.C.S. The purpose of the QISV Catalogue Purchasing Program is
to allow for qualified entities (state agencies and political subdivisions) to purchase
automated information systems products and/or services in an efficient, cost
effective, and competitive procurement method.
This purchase will be funded through the Federal Seizures/Furniture & Equipment
account, Motor Carrier Violations/Fumiture & Equipment account, Local Law
Enforcement Block Grant Funds, and ITS/Machinery & Equipment account (Fire
Department laptop). A memo is in your packet with additional details.
f) Proposed Ordinance No. 011213 -15 prohibits wild animals within the City limits,
thereby complying with the new requirement, imposed by House Bill 1362, that each
incorporated municipality adopt an ordinance regulating the keeping of wild animals
within the city limits. An exception is made for zoological parks, a person licensed
for animal rehabilitation, municipal shelters, and performing animal exhibitions and
circuses. The Animal Control Advisory Board reviewed the proposed ordinance at
its meeting on October 30, 2001, and recommended its enactment. A memo is in
your packet with additional details.
Council Member Mundinger moved adoption of the consent agenda, items a through f. Council
Member Sheley seconded the motion. The vote follows:
Page 6 of 16
Minutes of the Regular Session - December 13, 2001
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
RESOLUTION NO. 1527
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
REQUESTING THE SHERIFF OR CONSTABLE TO SELL LOTS 41 AND 42, BLOCK 1,
MINNESOTA STREET AND LOT 44, BLOCK 1, 3310 MINNESOTA STREET, BAYTOWN,
HARRIS COUNTY, TEXAS, AT A PUBLIC SALE PURSUANT TO SECTION 34.05 (C) OF THE
TEXAS TAX CODE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9279
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 AN INDUSTRIAL DISTRICT AGREEMENT WITH UNIIVIAST, INC.; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9280
AN ORDINANCE RENEWING THE CONTRACT OF FORT BEND SERVICES, INC., FOR
THE ANNUAL CATIONIC POLYMER SUPPLY CONTRACT AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF FORTY -SEVEN THOUSAND
NINETY -THREE AND 75/100 DOLLARS ($47,093.75); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9281
AN ORDINANCE RENEWING THE CONTRACT OF ARAMARK UNIFORM SERVICES,
INC., FOR THE ANNUAL UNIFORM RENTAL AND MISCELLANEOUS RENTAL
SERVICES CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN,
THE SUM OF SIXTY THOUSAND AND NO /100 DOLLARS ($60,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 9282
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS, AUTHORIZING
THE PAYMENT OF ONE HUNDRED EIGHTEEN THOUSAND TWO HUNDRED FORTY -
EIGHT AND NO /100 DOLLARS ($118,248.00) TO TRIO TEKNOLOGIES FOR THE
PURCHASE OF TWENTY -SIX (26) LAPTOP COMPUTERS AND ACCESSORIES; MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Page 7of16
Minutes of the Regular Session - December 13, 2001
ORDINANCE NO. 9283
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 14
"ANIMALS," ARTICLE I "IN GENERAL," SECTION 14 -1 "DEFINITIONS" "WILD ANIMAL"
TO DEFINE THE TERM "WILD ANIMAL "; AMENDING CHAPTER 14 "ANIMALS,"
ARTICLE I "IN GENERAL," SECTION 14 -8 "CERTAIN ANIMALS RESTRICTED,"
SUBSECTIONS (A)(5) AND (C) TO PROHIBIT WILD ANIMALS WITHIN THE CITY LIMITS
OF THE CITY OF BAYTOWN, TEXAS; PRESCRIBING A MAXIMUM PENALTY OF FIVE
HUNDRED AND N01100 DOLLARS ($500.00); PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND
EFFECTIVE DATE THEREOF.
Conduct a public hearing on the proposed amendment to the rules governing plats and
subdivisions of land within the City of Baytown and its extraterritorial jurisdiction to allow
the filing of a bond or other prescribed security for final plat approval at 6:40 p.m.
This public hearing is required by Section 212.002 of the Texas Local Government Code and must
occur prior to council adopting or amending rules governing plats and subdivisions of land. The
proposed change would allow a developer to file a security, such as a bond or letter of credit, in lieu
of completing construction of all required improvements only if (i) all of the water lines, sanitary
sewer lines and stormwater systems are completed and approved by the City Engineer and (ii) 50
percent of the required improvements, including streets and lift stations are completed. Currently,
the ordinance allows the filing of such a security if 75 percent of the required improvements are
completed. This proposed change is designed to promote the health, safety, morals, and general
welfare of the City and the safe, orderly, and healthful development of the City.
No one appeared to speak on the proposed amendment to the rules governing plats and subdivisions
of land within the City of Baytown and its extraterritorial jurisdiction.
The public hearing was closed at 6:42 p.m.
Consider Proposed Ordinance No. 011213 -1, amending the rules governing plats and
subdivisions of land within the City of Baytown and its extraterritorial jurisdiction to allow
the filing of a bond or other prescribed security for final plat approval.
Proposed Ordinance No. 011213 -1 amends the subdivision ordinance to allow an option for early
approval of plats. The proposed revision reduces the percentage of project completion from 75% to
50 %, while requiring a bond be posted at 110% of the estimated cost of improvements required to
be completed in full compliance with the subdivision ordinance. The change provides a mechanism
for the developer to file a security in lieu of completing construction only if all water lines, sanitary
sewer lines, and stormwater systems are completed and approved by the City Engineer.
Additionally, the revision requires at least 50% of all streets and lift stations, if any, be completed
prior to posting a security. No Certificates of Occupancy (CO's) will be issued unless all
infrastructure requirements are completed. The Growth Management and Development Advisory
Commission considered the proposed change at its meeting held on November 14, 2001 and
recommends approval.
Page 8of16
Minutes of the Regular Session - December 13, 2001
Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9284
AN ORDINANCE OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 126
"SUBDIVISIONS" ARTICLE II "ADMINISTRATION," DIVISION 4 "REVIEW PROCEDURE,"
SUBDIVISION IV "FINAL APPROVAL," SECTION 126 -189 "CONTENTS OF FINAL PLAT;
CONSTRUCTION APPROVAL," SUBSECTIONS (B) AND (C) OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS, TO ALLOW THE FILING OF A BOND OR OTHER
PRESCRIBED SECURITY TO OBTAIN FINAL PLAT APPROVAL IN CERTAIN
CIRCUMSTANCES; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Consider confirmation of appointment of an Assistant City Manager.
Council Member Sheley moved confirmation of the City Manager's appointment of Gary Jackson
as Assistant City Manager. Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Conduct a public hearing on the proposed disannexation of the property occupied by First
Chemical Company, L.P., which property was previously annexed via Ordinance No. 2516 at
6:45 p.m.
This public hearing is being held pursuant to the City's charter and Chapter 43 of the Texas Local
Government Code and is a prerequisite to the city's disannexing property. This hearing must be
conducted on or after the 40th day but before the 20th day before the date of the institution of the
proceedings. Ultimately, the disannexation of territory by the City will be completed within 90
days of the date of the initiation of the disannexation proceedings.
No one appeared to speak on the proposed disannexation of the property occupied by First
Chemical Company, L.P.
The public hearing was closed at 6:46 p.m.
Page 9of16
Minutes of the Regular Session - December 13, 2001
Consider confirmation of the City Manager's appointment to the Civil Service Commission.
The term of Merle Hunt expires January 1, 2002. Ms. Hunt is willing to serve again.
Council Member Sheley moved confirmation of the City Manager's appointment of Merle Hunt to
the Civil Service Commission. Council Member Mundinger seconded the motion. The vote
follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider appointments to the Electrical Board.
The terms of John Rowland, A.L. (Ross) Jordan, and Mark Stanley expire January 1, 2002. All
members are willing to serve again if Council reappoints them. Mr. Rowland and Mr. Stanley have
attended each of the seven meetings held in the last year. Mr. Jordan attended four of the seven
meetings.
Council Member Mundinger moved appointment of John Rowland, A.L. (Hoss) Jordan, and Mark
Stanley to the Electrical Board. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider appointments to the Community Development Advisory Committee.
Terms for Jesse Gutierrez and Joe Wheat expire on January 1, 2002. They represent Council
Districts 1, and 2 respectively. Both members are willing to serve again if Council reappoints them.
Of the eight meetings held between October 1, 2000 and September 30, 2001, Mr. Gutierrez
attended three and Mr. Wheat attended five.
Council Member Sheley moved appointment of Joe Wheat to the Community Development
Advisory Committee. Council Member Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 10 of 16
Minutes of the Regular Session - December 13, 2001
Conduct a public hearing on the proposed disannexation of the property occupied by First
Chemical Company, L.P., which property was previously annexed via Ordinance No. 2516 at
6:50 p.m.
This public hearing is being held pursuant to the City's charter and Chapter 43 of the Texas Local
Government Code and is a prerequisite to the city's disannexing property. This hearing must be
conducted on or after the 40th day but before the 20th day before the date of the institution of the
proceedings. Ultimately, the disannexation of territory by the City will be completed within 90
days of the date of the initiation of the disannexation proceedings.
No one appeared to speak on the proposed disannexation of the property occupied by First
Chemical Company, L.P.
The public hearing was closed at 6:51 p.m.
Consider Proposed Ordinance No. 0112134, authorizing the issuance of Baytown Area Water
Authority Water Supply Contract Revenue Bonds, Series 2002 (City Of Baytown Project);
accepting the terms and conditions of such resolution; providing for continuing disclosure
with respect to such bonds.
The BAWA Board approved a resolution on this date to authorize this sale. The negotiated interest
rate for these bonds is 5.114 %.
Consider Proposed Ordinance No. 011213 -5, authorizing the issuance of City of City of
Baytown, Texas, General Obligation and Refunding Bonds, Series 2002; authorizing the
redemption prior to maturity of certain outstanding obligations; authorizing the advance
refunding of certain outstanding obligations and the execution and delivery of an escrow
agreement; and the subscription for and purchase of certain escrowed securities.
The proceeds of the General Obligation bonds will be used for the construction of improvements to
the City's streets and drainage system, fire fighting facilities and equipment, information technology
systems improvements, public buildings and facilities and park improvements, and the cost of
professional services incurred in connection with the bond issuance.
The negotiated interest rate for these bonds is 4.82 %.
Consider Proposed Ordinance No. 011213 -6, authorizing the issuance of City of Baytown
Marina Improvement Refunding Bonds, Series 2002A; authorizing the redemption prior to
maturity of certain outstanding obligations and the execution and delivery of an escrow
agreement; and the subscription for and purchase of certain escrowed securities.
The negotiated interest rate for these bonds is 4.897 %.
Consider Proposed Ordinance No. 011213 -7, authorizing the issuance of City of Baytown
Certificates Of Obligation, Series 2002.
Page 11 of 16
Minutes of the Regular Session - December 13, 2001
These Certificates will fund the cost of the construction of water and sanitary sewer system
improvements and the cost of professional services incurred in connection with the bond issuance.
The negotiated interest rate for these certificates of obligation is 5.1528 %.
Council Member Anderson moved adoption of proposed ordinance 011213 -4, proposed ordinance
011213 -5, proposed ordinance 011213 -6, and proposed ordinance 011213 -7. Council Member
Murray seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9285
AN ORDINANCE APPROVING A RESOLUTION AUTHORIZING THE ISSUANCE OF
BAYTOWN AREA WATER AUTHORITY WATER SUPPLY CONTRACT REVENUE
BONDS, SERIES 2002 (CITY OF BAYTOWN PROJECT); ACCEPTING THE TERMS AND
CONDITIONS OF SUCH RESOLUTION; PROVIDING FOR CONTINUING DISCLOSURE
WITH RESPECT TO SUCH BONDS; AND PROVIDING FOR AN EFFECTIVE DATE
ORDINANCE NO. 9286
ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS,
GENERAL OBLIGATION AND REFUNDING BONDS, SERIES 2002; AUTHORIZING THE
REDEMPTION PRIOR TO MATURITY OF CERTAIN OUTSTANDING OBLIGATIONS;
AUTHORIZING THE ADVANCE REFUNDING OF CERTAIN OUTSTANDING
OBLIGATIONS AND THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT;
AND THE SUBSCRIPTION FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES
ORDINANCE NO. 9287
ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF BAYTOWN, TEXAS, MARINA
IMPROVEMENT REFUNDING BONDS, SERIES 2002A; AUTHORIZING THE REDEMPTION
PRIOR TO MATURITY OF CERTAIN OUTSTANDING OBLIGATIONS; AUTHORIZING THE
ADVANCE REFUNDING OF CERTAIN OUTSTANDING OBLIGATIONS AND THE
EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND THE SUBSCRIPTION
FOR AND PURCHASE OF CERTAIN ESCROWED SECURITIES; CONTAINING OTHER
MATTERS RELATED THERETO
ORDINANCE NO. 9288
ORDINANCE AUTHORIZING THE ISSUANCE OF $5,415,000 CITY OF BAYTOWN,
TEXAS, CERTIFICATES OF OBLIGATION, SERIES 2002
Page 12 of 16
Minutes of the Regular Session - December 13, 2001
Conduct a public hearing on the proposed redistricting plan for the City of Baytown at 6:55
p.m.
• second public hearing has been scheduled to provide notice to the Spanish - speaking community.
• Spanish language notice of the public hearing was published in the Baytown Sun on Monday,
December 3. Because the Hispanic community is a significant minority in Baytown, re-
advertisement of the public hearing in Spanish was deemed necessary. Following the public
hearing, Council will be provided the opportunity to consider the plan in accordance with comments
received.
Council established criteria for the new voting plan as follows:
1. Where possible, use easily identifiable geographic boundaries as district boundaries;
2. Maintain communities of interest in a single district and avoid splitting neighborhoods
when drawing district boundaries;
3. Use whole county voting precincts when drawing districts;
4. Base the new plan, to the extent possible, on the existing council district;
5. Draw districts that are relatively equal in size and that in no event exceed a ten percent
top to bottom deviation;
6. Draw districts that are compact and contiguous;
7. Recognize incumbent - constituency relations by keeping existing members of the council
in their districts; and
8. Narrowly tailor the plan to avoid retrogression in the position of racial minorities and
language minorities as defined in the Voting Rights Act with respect to their effective
exercise of the electoral franchise.
The proposed plan addresses the criteria Council established for the new plan as follows:
• The district lines follow major thoroughfares or watercourses.
• Previously divided neighborhoods have been united in single districts.
• The existing council districts form the basis of the new districts.
• The proposed districts are very similar in size, with the maximum deviation of 8.6%
between Districts 1 and 4.
• The proposed districts are more compact and contiguous than the present districts.
• Existing members of the council are kept in their present districts.
• The plan preserves District 1 as a safe minority district.
No one appeared to speak on the proposed redistricting plan for the City of Baytown.
The public hearing was closed at 6:56 p.m.
Page 13 of 16
Minutes of the Regular Session - December 13, 2001
Consider Proposed Ordinance No. 011213 -3, approving a redistricting plan for the City of
Baytown.
Proposed Ordinance No. 011213 -3 approves a new redistricting plan based on the 2000 Census.
The goal is to adopt a plan that complies with constitutional and statutory requirements. The public
was provided an opportunity to comment on the proposed plan at a public hearing held at 6:40 p.m.
on November 6, 2001 and 6:55 p.m. on Thursday, December 13, 2001. Notice of the public hearing
was published in The Baytown Sun on Saturday, October 27, 2001 and Monday, December 3, 2001.
Additionally, copies of the plan were forwarded to all persons named on the list of minority
representatives that is provided to the Department of Justice in all preclearance applications.
The proposed plan addresses the criteria Council established for the new plan as follows:
• The district lines follow major thoroughfares or watercourses.
• Previously divided neighborhoods have been united in single districts.
• The existing council districts form the basis of the new districts.
• The proposed districts are very similar in size, with the maximum deviation of 8.6%
between Districts 1 and 4.
• The proposed districts are more compact and contiguous than the present districts.
• Existing members of the council are kept in their present districts.
• The plan preserves District 1 as a safe minority district.
Council Member Murray moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9289
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADOPTING A REDISTRICTING PLAN FOR THE CITY OF BAYTOWN BASED UPON THE
2000 CENSUS DATA AND IN CONFORMITY WITH ARTICLE NO. 11, SECTIONS 12 AND
17 OF THE CHARTER OF THE CITY OF BAYTOWN, TEXAS, AND THE ORDER OF THE
COURT IN CAMPOS, ET AL. YS CITY OF BAYTOWN, ET AL; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 14 of 16
Minutes of the Regular Session - December 13, 2001
Consider Proposed Ordinance No. 011213 -8, approving the project plan and the reinvestment
zone financing plan for Reinvestment Zone Number One, City of Baytown.
Texas Tax Code, Chapter 311 gives City Council sole authority to give final approval the project
plan and the financing plan for tax increment reinvestment zone. The project plan establishes the
proposed improvements and proposed uses of the property within the zone, as well as proposed
changes to zoning, building ordinances and other municipal ordinances.
The financing plan details the estimated project costs of the zone, including proposed public works
or public improvements, an economic feasibility study, estimated bonded indebtedness to be
incurred, when monetary obligations are to be incurred, methods of financing all estimated project
costs and sources of revenue to pay such costs, including the tax increment to be derived from the
property taxes in the zone, the current appraised value of all taxable real property in the zone, the
estimated captured appraised value during each year of the zone's existence and the duration of the
zone.
The Reinvestment Zone Board approved the plans on their meeting on December 5, 2001. The
plans approved by the Board are included in your packet.
Council Member Murray moved adoption of the proposed ordinance, subject to the amendment of
the general description to reflect inclusion of the LEGNA property. Council Member Sheley
seconded the motion. Council Member Murray stated that the Reinvestment Zone, the earlier bond
sale, and the Municipal Development District are all major benefits to the City. Council Member
Mundinger said that this project, with a $102 million potential, is an example of partnership
between government and the private sector for revitalization of the City. Mayor Alfaro thanked
Will Deane, David Hawes, Monte Mercer, and all involved with this project. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9290
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING THE PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN FOR
REINVESTMENT ZONE NUMBER ONE, CITY OF BAYTOWN PERTAINING TO THE SAN
JACINTO MALL AREA; AUTHORIZING THE CITY CLERK TO DISTRIBUTE SUCH
PLANS; CONTAINING VARIOUS PROVISIONS RELATED TO THE FOREGOING SUBJECT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 15 of 16
Minutes of the Regular Session - December 13, 2001
Consider appointments to the Growth Management and Development Advisory Commission
and Planning and Zoning Commission.
The terms of John D. Jones (District 1), Frank J. Lundy (District 4), Wayne Smith (District 6), and
Vivian Cisneros Hemphill (City Manager's appointee), expire January 1, 2002. All members are
willing to serve again if Council reappoints them. Of the thirteen meetings held since October
2000, Mr. Jones attended six, Mr. Lundy and Mr. Smith attended ten, and Ms. Cisneros Hemphill
attended seven.
The Zoning Commission has had no meetings in the year 2001. The Zoning Commissioners are the
same as the members of the Growth Management and Development Advisory Commission.
Council Member Murray moved appointment of Frank J. Lundy and Vivian Cisneros Hemphill to
the Growth Management and Development Advisory Commission and Planning and Zoning
Commission. Council Member Sheley seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider appointments to the Baytown Industrial Development Corporation Board.
The terms of the Directors of the Baytown Industrial Development Board expire on December 14,
2001. The present Directors are as follows: Mike Wilson, Victor Almendarez, Calvin Mundinger,
Ronald Anderson, Donald C. Murray, Scott Sheley, and Coleman Godwin. No Director may serve
more than six consecutive years. All Directors are eligible for reappointment. Traditionally,
Council has appointed the members of City Council to the Board.
Council Member Mundinger moved appointment of Mike Wilson, Mercedes Renteria III, Calvin
Mundinger, Ronald Anderson, Donald C. Murray, Scott Sheley, and Coleman Godwin to the
Baytown Industrial Development Corporation Board. Council Member Anderson seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteria, and Sheley.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 16 of 16
Minutes of the Regular Session - December 13, 2601
� City Manager's Report.
City Manager Mercer announced that during the Texas Municipal League Annual Conference, the
Texas Municipal Library Directors Association named Sterling Municipal Librarian Denise 12eineke
Fischer the Library Director of the Year and Carol Bartz, President of the Friends of Sterling
Municipal library, as the Outstanding Library Supporter of the Year.
Manager Mercer said that the Fire Department was awarded the TML 2001 Award of Excellence in
Public Safety for the "B.E.A.T. Alley" (Baytown Educational Action Team) program.
Manager Mercer recognized Mike Pre wi t, Assistant Public Works Director for his contributions to
the improvement of the FEMA flood rating, which contributed to a 15% savings for City.
Council Member Sheley "said that it was an honor to be present at the TM.. Awards ceremony.
,Adjourn.
Council Member Mundinger moved that the meeting adjourn. Council Member Anderson seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Mundinger, Murray, Renteia, and Sheley.
Mayor Alfaro.
Nays: :None.
The motion caned..
Thmra being no further busmcss, tlieinecnnq :it3jaiuncd at 7:10 p:m.
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Ga W. Smith
City Clerk
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