2004 04 22 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
April 22, 2004
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on April 22, 2004, at 6:30 p.m. in
the Council Chamber of Baytown City Hall with the following in attendance:
Ronnie Anderson
Coleman Godwin
Calvin Mundinger
Don Murray
Mercedes Renteria III
Pete C. Alfaro
Gary M. Jackson
Bob Leiper
Ignacio Ramirez, Sr.
Gary W. Smith
The following Council Member was absent:
Scott Sheley
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
Council Member
The meeting was opened with a quorum present and Council Member Godwin led the pledge of
allegiance. Mayor Alfaro recognized the high school students present after which the following business
was conducted:
Consider approval of minutes of the special meeting held on April 8, 2004.
Council Member Renteria moved approval of the minutes of the special meeting held on April 8, 2004.
Council Member Mundinger seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
Consider Proposed Ordinance No. 040422 -1, approving the list of streets for Year Three of the
Street Bond Program and authorizing a professional services agreement for the preliminary
engineering report on those streets.
Proposed Ordinance No. 040422 -1 approves the list of streets for Year Three of the Street Bond Program
and authorizes a professional services agreement for the preliminary engineering report on those streets in
an amount not to exceed $102,191 for engineering services to PATE Engineers, Inc. This includes
compensation for both b asic and additional services. T he preliminary design services will not exceed
$65,400 and the geotechnical investigation will not exceed $34,791.
Page 2of13
Minutes of the Regular Session — April 22, 2004
The total compensation includes a reimbursable budget up to $2,000. PATE Engineers, Inc. will
complete the PER within 105 calendar days after the issuance of a notice to proceed. The scope of work
shall include but not be limited to attending project meetings with both staff and City Council, preparation
of the PER, and a geotechnical investigation. The PER will include opinions of probable cost, design
criteria, address constructability issues, and recommend methods of proposed improvements. 2003
General Obligation Bonds will fund this project. The following streets are in the PER to be conducted by
Pate Engineering for the 2001 Street Bond Project Year III:
Council District Street From To Length ft
1 Avenue J
HWY 146 Service Road
Dead End
736
1 Florida
Missouri
Durrain Ferry
2,500
2 N. Fourth
E. Texas
E. Fayle
2,510
2 Newman
W. Cleveland
Graham
775
2 S. Sixth
E. Humble
E. Gulf
255
2 W. Hunnicutt
N. Ashbel
N. Commerce
260
3 Macarthur
Brownwood
Dead End
450
3 Brownwood
Cabaniss
Dead End
1,120
3 Queens Ct.
Brownwood
Dead End
380
4 Craig
N. Main
Dead End
1,005
4 Bellview
N. Main
Dead End
1,025
4 Columbia
Grantham
Inwood
1,170
4 Inwood
Garth
Riverbend
380
5 Booker
Carver
Lincoln Cedars
660
5 Chaparral
Massey Tompkins
Asphalt Transition
748
5 Pecan Manor
Kilgore
Dead End
1,250
5 N. Twisted Oak
HWY 146
Twisted Oak W.
1,632
5 Twisted Oak W.
N. Twisted Oak
Oak Leaf
769
5 Carver
Lincoln Cedars
Booker
440
6 Peggy
N. Eight
HWY 146
350
6 Briarwood
Alexander
S. Fourth
1,631
6 Danubina
E. James
Ward
2,710
The cost estimate is $3.7 million.
Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9780
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH PATE ENGINEERS, INC.,
FOR THE PREPARATION OF THE PRELIMINARY ENGINEERING REPORT FOR THE STREET
BOND PROGRAM, YEAR 3; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF AN
AMOUNT NOT TO EXCEED ONE HUNDRED TWO THOUSAND ONE HUNDRED NINETY -ONE
AND NO /100 DOLLARS ($102,191.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 3 of 13
Minutes of the Regular Session — April 22, 2004
Consider Proposed Ordinance No. 040422 -2, awarding the bid for the 2004 Annual Concrete
Contract.
Proposed Ordinance No. 40422 -2 awards the bid in the amount of $234,000 to Bill McDonald
Construction, Inc. for the 2004 Annual Concrete Contract. The scope of work includes the removal
and/or replacement of concrete curbs, sidewalks, street repair, and concrete wheelchair ramps on a work
order basis. The total base bid for this project is $234,000 and the minimum amount of each work order
will be S5,000. Construction duration for this project is one calendar year and it will be funded by the
General Fund Account: Streets, Sidewalks, and Curbs.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Mundinger
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9781
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH BILL MCDONALD CONSTRUCTION, INC., FOR THE 2004
ANNUAL CONCRETE CONTRACT; AUTHORIZING PAYMENT OF THE SUM OF TWO
HUNDRED THIRTY -FOUR THOUSAND AND NO 1100 DOLLARS ($234,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 040422 -3, awarding the bid for the Terrace Hill/Shreck Water
Service Relocation project.
This item was not ready for consideration. The bids, as advertised, might not provide a mechanism for
the statutorily mandated recovery of the cost of lateral replacement.
Consider Proposed Ordinance No. 040422 -4, awarding the bid for the East Greenwood Drive Water
and Sewer Extension Project at the Cedar Crossing Industrial Park.
Proposed Ordinance No. 040422 -4 awards the bid for the East Greenwood Drive Water and Sewer
Extension Project at the Cedar Crossing Industrial Park to Dan's Plumbing, Inc., in the amount of
$97,650. The scope of work includes the addition of approximately 1,300 linear feet of 12 -inch public
water main and 1,075 linear feet of 12 -inch public sanitary sewer main along East Greenwood Drive in
the Cedar Crossing Industrial Park. The project is located east of FM 1405 and south of the proposed
Grand P arkway i n Chambers County. These lines will terminate at the property line of the Wal -Mart
Distribution Center property and will be accessible for additional development along East Greenwood
Drive. Copies of prior memos related to this project are included in your packet. The construction
duration for this project is 45 calendar days and will be funded by Water and Sewer Bond Interest
Earnings.
Page 4 of 13
Minutes of the Regular Session — April 22, 2004
Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9782
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST TO A CONTRACT WITH DAN'S PLUMBING, INC., FOR THE EAST GREENWOOD
DRIVE WATER AND SEWER EXTENSION PROJECT; AUTHORIZING PAYMENT OF THE SUM
OF NINETY -SEVEN THOUSAND SIX HUNDRED FIFTY AND NO /100 DOLLARS ($97,650.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance No. 040422 -5, approving a professional services contract for
environmental engineering services for the creation of a Master Plan for the Baytown Nature
Center.
Proposed Ordinance No. 040422 -5 approves a professional services contract in the amount of $30,000
with Crouch Environmental Services, Inc. for environmental engineering for the creation of the Baytown
Nature Center Master Plan. The A &E Selection Committee recommends Crouch Environmental
Services, Inc. for planning and engineering to develop a master plan to enhance existing beneficial park
features, provide safer and easier access to the more remote areas of the Center and to highlight areas that
need improvement. The Master Plan will also illustrate areas where major site development should occur
which will transform poor quality habitat into excellent wildlife habitat, including the transformation of
poor quality uplands into both freshwater wetlands and salt marsh habitat. Planning and engineering of
the project is expected to take 6 to 8 months. Funding is available through U.S Fish and Wildlife grant.
Council Member Mundinger moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
Page 5 of 13
Minutes of the Regular Session — April 22, 2004
ORDINANCE NO. 9783
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK
TO ATTEST TO A PROFESSIONAL SERVICES AGREEMENT WITH CROUCH
ENVIRONMENTAL SERVICES, INC., FOR THE CREATION OF A MASTER PLAN FOR THE
BAYTOWN NATURE CENTER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED THIRTY THOUSAND AND NO /100 DOLLARS ($30,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
Consider Proposed Ordinance No. 040422 -6, approving Change Order No. 1 to adjust final
quantities, approving the final p ayment, a nd a ccepting t he S tate H ighway 9 9 U tility R elocation
project.
Proposed Ordinance No. 040422 -6 approves deduct Change Order No. 1 to adjust final quantities,
approves final payment of $14,664.64 to Canyon Construction Company, Inc., and accepts the State
Highway 99 Utility Relocation project. The original contract was awarded to Canyon Construction
Company, Inc for $177,683. Change Order No. 1 is a balancing change order and reduces the final
contract amount by $31,036.64 to $146,646.36, which represents a 17.47% cost savings. The cost savings
was largely due to an adjustment of final quantities on various bid items. The original contract duration
was 60 calendar days, and 50 days were added for rain delays and down time due to coordination
problems with industrial water users in the area. The contractor finished the project in 99 calendar days,
under the adjusted contract time of 110 calendar days. The contractor's workmanship was satisfactory.
Council Member Renteria moved adoption of the proposed ordinance. Council Member Mundinger
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9784
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING DEDUCT CHANGE ORDER NO. 1 WITH CANYON CONSTRUCTION
COMPANY, INC., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR STATE HIGHWAY 99
UTILITY RELOCATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE SUM OF
FOURTEEN THOUSAND SIX HUNDRED SIXTY -FOUR AND 64/100 DOLLARS ($14,664.64) TO
CANYON CONSTRUCTION COMPANY, INC., FOR SAID PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 6of13
Minutes of the Regular Session — April 22, 2004
Consider Proposed Ordinance No. 040422 -7, authorizing an agreement for financial advisory
services for the City of Baytown.
Proposed Ordinance No. 040422 -7 authorizes an agreement with First Southwest Company (FSC) for
financial advisory services for the City of Baytown. FSC advises and assists the City regarding the
issuance and sale of debt obligations. They monitor the bond market and make recommendations to the
City regarding available financing opportunities. The Finance Committee reviewed the proposed
agreement.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9785
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A FINANCIAL ADVISORY AGREEMENT WITH FIRST SOUTHWEST
COMPANY; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 040422 -8, authorizing an agreement for bond counsel services
for the City of Baytown.
Proposed Ordinance No. 040422 -8 authorizes an agreement with Vinson & Elkins L.L.P. (V &E) for bond
counsel services for the City of Baytown. V &E assists the City with all legal matters pertaining to
issuance and sale of debt obligations. V &E also provides legal opinions regarding potential new debt -
funded projects. The Finance Committee reviewed the proposed agreement.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9786
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE TO EXECUTE AN
ENGAGEMENT LETTER FOR VINSON & ELKINS, L.L.P., TO SERVE AS BOND COUNSEL TO
THE CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 7of13
Minutes of the Regular Session — April 22, 2004
Prior to the consideration of Proposed Ordinance No. 040422 -9, Gary W. Smith, City Clerk, announced
that four members of City Council, Mayor Alfaro and Council Members Anderson, Godwin, and Murray
filed conflict of interest affidavits relating to ExxonMobil relating to this item and Proposed Resolution
040422 -2 on the Consent Agenda. In as much as a majority of Council has a conflict, all may participate
and vote on the items.
Consider Proposed Ordinance No. 040422 -9, authorizing the sale of approximately 60.697 acres in
the William Scott Upper League, A -66, in Baytown, Harris County, Texas, which was previously
foreclosed on by the City of Baytown, to Exxon Mobil Corporation pursuant to Section 34.05(h) of
the Texas Property Tax Code.
Proposed Ordinance No. 040422 -9 authorizes the sale of approximately 60.697 acres in the William Scott
Upper League, A -66, in Baytown, Harris County, Texas (the "Property ") to ExxonMobil Corporation
pursuant to Section 34.05(h) of the Texas Property Tax Code. The property was previously foreclosed on
by the City of Baytown. Ad valorem taxes on the Property were the subject of Cause No. 1999 -06855 in
the 61 st Judicial District Court of Harris County, Texas. A judgment and decree of sale were rendered in
such lawsuit on May 6, 1999, in favor of the City of Baytown, Goose Creek Consolidated Independent
School District and Lee College District, and Hams County. As a result of an execution and order of sale
issued on the judgment and decree of sale, the Property was struck off on the August 3, 1999, to the City
of Baytown for the use and benefit of itself, the Goose Creek Consolidated Independent School District
and Lee College District, and Harris County. The City of Baytown has received from ExxonMobil
Corporation a proposal to purchase the Property at a private sale for an amount equal to the total amount
of the judgment against the property. The Texas Property Tax Code allows a taxing unit to sell property,
which was previously struck off to it, at a private sale without the consent of the other taxing entities if the
property is sold for the total amount of the judgment against the property. The proposed ordinance
authorizes the Mayor to execute a deed without warranty to consummate the sale of the Property.
Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9787
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING
ALL PREVIOUS ACTIONS TAKEN BY THE CITY OF BAYTOWN CONCERNING THE
FORECLOSURE OF THE CITY'S TAX LIEN ON APPROXIMATELY 60.697 ACRES IN THE
WILLIAM SCOTT UPPER LEAGUE, A -66, IN BAYTOWN, HARRIS COUNTY, TEXAS;
AUTHORIZING THE SALE OF SUCH PROPERTY PREVIOUSLY FORECLOSED ON BY THE
CITY OF BAYTOWN DUE TO DELINQUENT AD VALOREM TAXES; AUTHORIZING THE
MAYOR TO EXECUTE A DEED WITHOUT WARRANTY CONVEYING SUCH PROPERTY TO
EXXON MOBIL CORPORATION; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 8of13
Minutes of the Regular Session — April 22, 2004
Consider Proposed Ordinance No. 040422 -10, authorizing the City Manger to expend funds from
the Capital Improvement Program Fund and the Debt Service Fund to reduce future debt service
expenses by retiring/refunding a portion of the outstanding General Obligation debt.
Mr. Jackson commended Donna Sams, Finance Director, her staff, and First Southwest for looking for
opportunities to save taxpayers' money. Funds in the Capital Improvement Program Fund and the Debt
Service Fund can be used to pay off and refund a portion of the outstanding debt and to flatten the debt
structure and reduce the debt service. This will avoid a tax increase based on the issuance of debt.
Council Member Mundinger moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9788
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXPEND RESERVES IN THE AMOUNT OF TWO
MILLION TWO HUNDRED FORTY THOUSAND AND NO /100 DOLLARS ($2,240,000.00) FROM
THE CAPITAL IMPROVEMENT PROGRAM FUND AND TWO MILLION AND NO /100 DOLLARS
($2,000,000.00) FROM DEBT SERVICE FUND TO REDUCE FUTURE DEBT SERVICE EXPENSES
BY RETIRING/REFUNDING A PORTION OF THE OUTSTANDING DEBT; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 040422 -11, rejecting all bids for the Park Street Drainage
Project.
This item will reject all bids for the Park Street Drainage Project. The bids will be rejected on the basis
that bids are too high and a lack of funds for the project. This project began as "simple" erosion control
but grew significantly during design. The need for this project is not pressing and maintenance activities
can control the erosion until steel prices stabilize and additional funding can be secured.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9789
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REJECTING
THE BIDS FOR THE PARK STREET DRAINAGE PROJECT; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 9 of 13
Minutes of the Regular Session — April 22, 2004
Consider Proposed Ordinance No. 040422 -12, postponing the sale of the Certificates of Obligation,
Series 2004.
The City has been working with the City's Financial Advisors to reduce General Obligation debt service
between 2004 and 2011. Additional time was needed to complete this analysis and obtain feedback from
City Council.
Council Member Murray moved reconsideration of the resolution authorizing notice of the sale of
Certificates of Obligation. Council Member Godwin seconded the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carried.
Council Member Murray moved adoption of the proposed ordinance. Council Member Godwin seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Godwin, Mundinger, Murray, and Renteria.
Mayor Alfaro.
Nays: None.
The motion carved.
ORDINANCE NO. 9790
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
AND RESTATING ORDINANCE NO. 9773, PASSED ON THE 8TH DAY OF APRIL, 2004, WHICH
AUTHORIZED THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF
OBLIGATION, SERIES 2004, TO POSTPONE THE PUBLICATION OF THE NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION, SERIES 2004; AUTHORIZING THE
PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION,
SERIES 2004; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider possible action regarding the proposed rate schedules filed by CenterPoint Energy Entex
on March 20, 2004. The options are to: (a) take no action, in which the rates would take effect on
May 3, 2004, or (b) adopt Proposed Resolution No. 040422 -1, that would suspend the operation of
proposed r ate s chedules filed by CenterPoint Energy Entex for a period up to ninety (90) days
beyond the date on which such schedules would otherwise go into effect.
Entex has filed for a $0.57 per month per customer increase on the minimum bill on March 29, 2004. The
cost of service adjustment will go into effect thirty -five (35) days (May 3, 2004) after fling if the City
does not take any action. The components of the proposed increase consist of employee retirement and
healthcare benefits ($0.27); uncollectable accounts ($0.34); and other operating expense decrease ($0.04)
for a total of $0.57.
Page 10 of 13
Minutes of the Regular Session — April 22, 2004
City Manager Jackson advised Council that staff believes the increase to be reasonable.
No action was taken on this item.
Consent Agenda
a. Proposed Ordinance No. 040422 -13 authorizes an amendment to Interlocal Agreement
with the City of Houston for the Harris County Organized Crime and Narcotics Task Force
Grant in the amount of $37,500.00. The amendment to the Interlocal Agreement covers
expenses and equipment to perform crime lab services for HCOC.
b. Proposed Ordinance No. 040422 -14 amends Chapter 38 "Fire Prevention and Protection,"
Article III "Fire Prevention Standards," Section 38 -61 "Code adopted," Subsection (a) to
adopt t he 2 003 E dition o f t he I nternational F ire C ode. T his c ode s ets i n place specific
standards to safeguard the public from the hazards of fire and explosion arising from the
storage, handling and use of certain materials and address matters related to the installation
and maintenance of fire suppression systems. On April 8, 2004 Council adopted the
International Building, Residential, Fuel Gas, Mechanical, Plumbing, Energy
Conservation, Property Maintenance and Existing Building Code. The updated
International Fire Codes were discussed with Council on March 25, 2004 and were
intended for adoption on April 8, 2004. The ordinance language to include the Fire Code
in the list for adoption was inadvertently left out. This action will complete the adoption of
the full set of 2003 International Codes.
C. Proposed 0 rdinance N o. 0 40422 -15 a uthorizes a n I ndustrial D istrict A greement with El
Dorado Nitrogen, L.P., for a seven -year period. The first payment pursuant to this
agreement will be for the tax year 2004, as its prior agreement with the city expired on
January 14, 2004. Because the 2003 values, which are the values most recently certified
and/or approved as of the date of the agreement, are less than the 2002 values, the 2002
values shall serve as the base under the agreement. The agreement is in conformity with
the policies adopted by the City Council for companies, which had an industrial district
agreement in effect on July 26, 2003, in the City's industrial districts.
d. Proposed Resolution No. 040422 -2 accepts a $30,000 contribution from ExxonMobil
supporting the Eddie V. Gray Wetlands Education and Recreation Center's Wetlands
Ecology P rogram. T he p rogram c overs t he a nnual c ost t o f and t he 5`1' Grader Program
including personnel costs and educational supplies. The fund also is used to update and
upgrade the exhibits in the Bob Craig Exhibit Hall's "Wetlands Ecology Trail."
e. In accordance with the Public Funds Investment Act Section 2256 -023 (a) and (b), the
Investment Report for the period ending March 31, 2004 is submitted for review. The six -
month financial information for the period ending March 31, 2004 is submitted for review.
Council Members Mundinger and Renteria left the meeting at 7:29 p.m.
Council Member Anderson moved adoption of the consent agenda, items a through e. Council Member
Murray seconded the motion. The vote follows:
Page 11 of 13
Minutes of the Regular Session — April 22, 2004
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
The motion carried.
ORDINANCE NO. 9791
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK
TO ATTEST TO AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE CITY OF
HOUSTON FOR THE HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE
GRANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 9792
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING
CHAPTER 38 "FIRE PREVENTION AND PROTECTION," ARTICLE III "FIRE PREVENTION
STANDARDS," SECTION 38 -61 "CODE ADOPTED," SUBSECTION (A) TO ADOPT THE 2003
EDITION OF THE INTERNATIONAL FIRE CODE; 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.
ORDINANCE NO. 9793
AN ORDINANCE 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 EL DORADO NITROGEN, L.P.; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
RESOLUTION NO. 1647
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING A
THIRTY THOUSAND AND NO 1100 DOLLARS ($30,000.00) CONTRIBUTION FROM EXXON
MOBIL CORPORATION SUPPORTING THE EDDIE V. GRAY WETLANDS EDUCATION AND
RECREATION CENTER'S WETLANDS ECOLOGY PROGRAM; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Receive and discuss report from the ad hoc committee for a full -time judge and provide direction to
staff.
Mayor Alfaro reviewed with Council the report of the ad hoc Committee. The Committee recommends
that the Human Resources Department conduct a survey of cities of similar size on this subject, include a
placeholder in the 2004 -2005 budget showing the increase over a normal year, and that Council should
discuss other duties appropriate for a full -time judge and ways to increase the caseload in Municipal
Court.
Council Member Murray moved acceptance of the report from the ad hoc committee for a full -time judge.
Council Member Anderson seconded the motion. The vote follows:
Page 12 of 13
Minutes of the Regular Session — April 22, 2004
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
The motion carried.
Discuss the status of appointment and contracts with the Municipal Court judges and take
appropriate action related to the appointment and contract for the Interim Presiding Municipal
Court Judge.
No action was necessary on this item, as all three judges had signed contracts.
Consider appointment of an Interim Presiding Municipal Court Judge.
No action was necessary on this item.
City Manager's Report.
City Manager Jackson informed Council that the Baytown Area Water Authority had been invited to
apply for funding consideration from the Texas Water Development Board.
Mr. Jackson reminded Council of the following upcoming meetings:
April 23 and 24 - Downtown Redevelopment— Public meeting 10:00 a.m. Phyllis Davis Room, Lee
College.
April 24 - Rebuilding Together — Several members of staff are volunteering to work on the home
of a less fortunate person. Staff was commended for their participation.
April 27 - Candidate forum -7:00 p.m. Council Chamber.
May 1 — Trash -off.
May 4 - Socio- Economic Data Presentation — Tucker Hall, Lee College, 4:30 p.m.
May 6 - Economic Development Strategic Plan — 1:00 p.m. Chamber Office.
May 8 - City Picnic 11:00 a.m. to 2:00 p.m.
Conduct the appeal of the decision of the Urban Rehabilitation Standards Review Board to
demolish the garage apartment at 1215 Barrymore Blvd.
This item was postponed until the regular Council meeting on May 27, 2004.
Consider affirming, modifying, or reversing the decision of the Urban Rehabilitation Standards
Review Board to demolish the garage apartment at 1215 Barrymore Blvd.
This item was postponed until the regular Council meeting on May 27, 2004.
Page 13 of 13
Minutes of the Regular Session — April 22, 2004
r Adjourn.
Council Member Murray moved that the meeting adjourn. Council Member Godwin seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Godwin, and Murray.
Mayor Alfaro.
Nays: None.
The motion carried.
There being no further business, the meeting adjourned at 7:37 p.m.
G6y W. (Smith
City Clerk
Opk