Loading...
2004 11 11 CC MinutesMINUTES OF THE REGULAR SESSION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN November 11, 2004 6:30 p.m. The City Council of the City of Baytown, Texas, met in regular session on November 11, 2004, at 6:30 p.m. in the Council Chamber of Baytown City Hall with the following in attendance: Ronnie Anderson Sammy Mahan Don Murray Mercedes Renteria III Scott Sheley Calvin Mundinger Gary M. Jackson Bob Leiper Ignacio Ramirez, Sr. Gary W. Smith Council Member Council Member Council Member Council Member Council Member Mayor City Manager Deputy City Manager City Attorney City Clerk The meeting was opened with a quorum present and Council Member Anderson led the pledge of allegiance and offered the invocation after which the following business was conducted: Consider approval of the minutes of the work session and the special meeting held on October 26, 2004. Council Member Mahan moved approval of the minutes of the work session and the special meeting held on October 26, 2004. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. Council Member Sheley abstained. The motion carried. Consider approval of the minutes of the work session held on October 26, 2004. Council Member Murray moved approval of the minutes of the work session held on October 26, 2004. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, and Renteria. Mayor Mundinger. Nays: None. Council Members Anderson and Sheley abstained. The motion carried. Page 2of14 Minutes of the Regular Session — November 11, 2004 Consider Proposed Ordinance No. 041111 -1, amending Chapter 90 "Taxation," Article II "Ad Valorem Taxes," Section 90 -27 "Exemptions," of the Code of Ordinances by adding a new subsection to enact a tax cap for residential homesteads of citizens over the age of 65 and disabled citizens pursuant to Section 1 -b, Article VIII, Texas Constitution. A 2003 amendment to the Texas Constitution, H.J.R. 16, and an enacting bill, H.B. 136, provide that a city may cap the homestead taxes of persons over the age of 65 and the disabled, similar to the current mandatory cap on school district taxes. For example, if the cap is enacted, a person over 65 who currently pays $800 in city property taxes will never pay more than that dollar amount during that person's lifetime or during the lifetime of certain surviving spouses. The cap can be enacted by the Council, but once enacted, the tax cap is permanent. The following persons registered to speak to Council concerning Proposed Ordinance No. 041111 -1: Steve Coycault, Sr., 3411 Lausanne Ave., Pasadena, Texas Mr. Coycault, representing the Texas Silver - Haired Legislature, requested that Council freeze City of Baytown taxes for senior and disabled citizens, per Proposition 13, passed on September 13, 2003. Lee LeBouf, 3529 Gail Mr. LeBouf urged Council to adopt the ordinance enacting the tax cap. Bob Carr, 1708 Narcille Mr. Carr urged Council to adopt the ordinance enacting the tax cap. Jane Roberts, 1707 Chilton Ms. Roberts urged Council to adopt the ordinance enacting the tax cap. Carol Brumley, 1301 Dwinnell Ms. Brumley urged Council to adopt the ordinance enacting the tax cap. The following persons registered to speak to Council regarding Proposed Ordinance No. 041111 -1, but declined to speak when given the opportunity: Jesse Brumley, Sue Duncan, and Don Duncan. City Manager Jackson noted the Attorney General opinion which ruled that cities cannot retroactively apply the property tax. The budget year begins on October 1, 2004 and any tax cap passed by the City Council cannot go into effect until after December 31, 2004. The Attorney General's ruling was against the City of Pasadena, which passed the cap earlier this year. Mr. Jackson explained the impact of the adoption of the tax cap. Council Member Murray moved adoption of the proposed ordinance. Council Member Anderson seconded the motion. Page 3 of 14 Minutes of the Regular Session — November 11, 2004 Council Member Sheley proposed the adoption of additional exemptions in lieu of the tax cap. He presented a chart of such additional exemptions, asserting that this would result in a lower tax bill for all homes with a value of $150,000 or less. He expressed concern that the adoption of the tax cap would place a burden on the children of those who would currently reap the benefit. He emphasized that additional exemptions would help persons over the age of 65, the disabled, and those with lower incomes. He stated that if the tax burden were shifted to businesses, they would pass it on to their customers. He reminded Council that the tax cap is permanent. Council Member Murray said that the vote was to authorize governmental bodies to cap taxes and he intended to vote in favor of the ordinance. Mayor Mundinger stated that the citizens wanted longer -term assurance that the tax cap would be permanent. Council Member Mahan suggested that exemptions be raised for a one -year period to gauge public response. If the tax cap is still preferred, it could be adopted at that time. Council Member Anderson voiced his support of the tax cap. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9935 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 90 "TAXATION," ARTICLE II "AD VALOREM TAXES," SECTION 90- 27 "EXEMPTIONS" OF THE CODE OF ORDINANCES, CITY OF BAYTOWN, TEXAS, BY ADDING A NEW SUBSECTION TO BE NUMBERED AND ENTITLED SUBSECTION (D) "LIMITATION OF TAX ON HOMESTEADS OF DISABLED AND ELDERLY" IN ORDER TO ESTABLISH AN AD VALOREM TAX LIMITATION, AS AUTHORIZED AND DEFINED BY THE TEXAS CONSTITUTION, ARTICLE VIII, SECTION 1 -B, AND TEXAS TAX CODE SECTION 11.261, ON CERTAIN RESIDENTIAL HOMESTEADS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider selection of Council Member, District 3. Section 16 of the Charter requires Council to fill a vacancy by a majority vote of the remaining members of the City Council. Page 4 of 14 Minutes of the Regular Session — November 11, 2004 The following person registered to speak to Council concerning the selection of Council Member, District 3: Reba Eichelberger, 2008 Oak Shadows Ms. Eichelberger voiced her support of Charles Shaffer as the representative of Council District 3, and argued that, because the vacancy had been created by former Council Member Mundinger's election to Mayor, his vote should not count. City Attorney Ramirez opined that the Mayor is a remaining member of Council whose vote therefore does count. Mayor Mundinger outlined the procedures to be followed in the nomination and voting. Council Member Mahan nominated Charles Shaffer to fill the vacancy of Council Member, District 3. Council Member Anderson nominated Lisa Urban to fill the vacancy of Council Member, District 3. Mayor Mundinger polled Council regarding further nominations. There being none, he closed the floor to nominations. Charles Shaffer's name was drawn first. The vote follows: For: Council Members Mahan, Renteria, and Sheley. Against: Council Members Anderson and Murray. Mayor Mundinger. Mr. Shaffer was not elected. Lisa Urban's name was drawn second. The vote follows: For: Council Members Anderson, and Murray. Mayor Mundinger. Against: Council Members Mahan, Renteria, and Sheley. Ms. Urban was not elected. Administer Oath of Office to the newly appointed Council Member and deliver Certificate of Appointment. No action was taken on this item. By consensus of Council, the meeting was recessed at 7:29 p.m. Mayor Mundinger reconvened the meeting at 7:39 p.m., after which the following business was conducted: Page 5 of 14 Minutes of the Regular Session — November 11, 2004 Conduct a public hearing to receive input concerning the adoption of an ordinance to participate in the Texas Enterprise Zone Program as amended by the 78th Texas Legislature and to consider and nominate Bayer MaterialScience LLC as an enterprise zone project. The public hearing was called to order at 7:40 p.m. Input may also be received concerning local incentives available to business enterprises within the jurisdiction of the City of Baytown, regardless of whether those business enterprises are located in an enterprise zone. The local incentives to be discussed may include, but are not limited to, tax and other financial incentives, benefits, and programs. Texas Government Code, Chapter 2303, "Enterprise Zones" requires the City Council to conduct a public hearing at which persons interested in the proposed enterprise zone project nomination and incentives are given the opportunity to provide input and to be heard. Notice of the public hearing was published in The Baytown Sun on November 1, 2004, more than seven days prior to today's date. No one appeared to speak at the public hearing. The public hearing was closed at 7:43 p.m. Council Member Anderson did not immediately return after the recess. Consider Proposed Ordinance No. 041111 -2, ordaining the City's participation in the Texas Enterprise Zone Program, identifying and summarizing local incentives available, designating a liaison for communication with Interested parties, and nominating Bayer MaterialScience LLC to the Office of the Governor, Economic Development and Tourism through the Economic Development Bank as an enterprise project. Bayer MaterialScience LLC has applied to the City for designation of BMS as an enterprise project. The City's nomination of BMS was approved at the last council meeting. However, because of the competition statewide to receive the remaining enterprise project designations, the City desires to expand the local incentives that may be available in an enterprise zone as well as within the City and its extraterritorial jurisdiction. Such local incentives will be the subject of the public hearing held immediately prior to the consideration of this ordinance by the City Council. Council Member Mahan moved adoption of the proposed ordinance. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. rm Page 6 of 14 Minutes of the Regular Session — November 11, 2004 ORDINANCE NO. 9936 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ORDAINING THE CITY'S PARTICIPATION IN THE TEXAS ENTERPRISE ZONE PROGRAM PURSUANT TO THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303 OF THE TEXAS GOVERNMENT CODE; PROVIDING LOCAL INCENTIVES; DESIGNATING A LIAISON FOR COMMUNICATION WITH INTERESTED PARTIES; NOMINATING BAYER MATERIALSCIENCE LLC, TO THE OFFICE OF THE GOVERNOR, ECONOMIC DEVELOPMENT AND TOURISM THROUGH THE ECONOMIC DEVELOPMENT BANK AS A TRIPLE JUMBO ENTERPRISE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Prior to the consideration of Proposed Ordinance No. 041111 -3, Gary W. Smith, City Clerk, announced that Council Member Anderson filed a conflict of interest affidavit relating to this item and would not participate. Consider Proposed Ordinance No. 041111 -3, authorizing the abandonment of the sixteen -foot easement on the rear lot lines of Lots 1 through 54 in the Trailwood Subdivision, Harris County, Texas, contingent upon the payment of fair market value. Section 2 -767 of the Code of Ordinances, City of Baytown, provides, in part, as follows: ...upon the payment of a fee of $100.00 or the appraised market value of the easement based upon not less than one appraisal, whichever is greater and after abandonment of the easement, the City will deliver a quitclaim deed to the owners of the fee simple title thereto. The homeowners' association petitioned for this abandonment. This property was originally platted as a utility easement for the installation of underground electrical service by the developer. Instead, the developer installed overhead electrical service in the front of the property and these rear lot easements have never been used for utilities. All of the other utilities companies have executed releases as to their respective interests in the easement. The ordinance establishes the fair market value of the easement to be 25% of the value of the land upon which the easements are located, as determined by the latest certified appraised value by the Harris County Appraisal District. Upon a property owner's payment of the appropriate amount, the Mayor will execute a quitclaim deed to that portion of the easement located on the property owner's property. Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 7 of 14 Minutes of the Regular Session — November 11, 2004 ORDINANCE NO. 9937 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE ABANDONMENT OF THE SIXTEEN -FOOT REAR LOT EASEMENT FOR LOTS 1 THROUGH 54 IN THE TRAILWOOD SUBDIVISION, HARRIS COUNTY, TEXAS, CONTINGENT UPON THE PAYMENT OF FAIR MARKET VALUE; DETERMINING THE FAIR MARKET VALUE OF SUCH EASEMENTS AUTHORIZED TO BE ABANDONED HEREIN; AUTHORIZING THE MAYOR TO EXECUTE QUIT CLAIM DEEDS UPON RECEIPT OF PAYMENT FOR THE SAME; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 041111 -4, approving a contract with the Texas Department of Transportation for additional supplemental funding for Phase III of the Goose Creek Stream Greenbelt Trail. This phase was to build a pedestrian/bicycle trail from West Texas Avenue to Britton Park. The cost estimates for the project have increased significantly from the original nomination ($1,404,500) of the Intermodal Surface Transportation Efficiency Act Enhancement Program. Additional funds have been made available from the Congestion Mitigation and Air Quality Improvement Program (CMAQ) to supplement this project. The proposed contract amendment adds $350,000 exclusively from CMAQ funds. No additional City funding is required. The estimated total cost of Phase III, including construction, engineering, and testing services, is $2,560,750. CMAQ funding will total $1,156,250 and enhancement funding will total $1,404,500. With this agreement, the City should receive a rebate from the Texas Department of Transportation after completion of the trail. The amount of the rebate depends on the actual cost of the trail construction and could be as much as $200,000. Council Member Renteria moved adoption of the proposed ordinance. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 993 8 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO A CONTRACT AMENDMENT WITH TEXAS DEPARTMENT OF TRANSPORTATION FOR SUPPLEMENTAL FUNDING FOR PHASE III OF THE GOOSE CREEK STREAM GREENBELT TRAIL; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Council Member Anderson returned to the meeting at 7:46 p.m. Page 8 of 14 Minutes of the Regular Session — November 11, 2004 Consider Proposed Resolution No. 041111 -1, granting a petition for annexation of 30.374 acres of land north of Archer Road and west of Garth Road in Harris County submitted by S.M.D. #1, Ltd. Proposed Resolution No. 041111 -1 grants the petition for annexation submitted by S.M.D. #1, Ltd., to annex 30.374 acres of land in the W. C. R. R. Company Survey Number 1, Abstract No. 899, north of Archer Road and west of Garth Road in Harris County, Texas. The property is proposed to be developed as multifamily residential. The petition has been submitted as a prerequisite for obtaining utility services. Council Member Renteria moved adoption of the proposed resolution. Council Member Mahan seconded the motion. Council Member Murray said that before he would support final annexation of the property, he wanted more information about the developer of the project to determine whether the facility would be well maintained. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. RESOLUTION NO. 1688 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, GRANTING THE PETITION OF S.M.D. #1, LTD., CONCERNING THE ANNEXATION OF 30.374 ACRES OF LAND IN THE W. C. R. R. COMPANY SURVEY NUMBER 1, ABSTRACT 899, NORTH OF ARCHER ROAD AND WEST OF GARTH ROAD IN HARRIS COUNTY, TEXAS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider Proposed Ordinance No. 041111 -5, approving an interlocal agreement with the Baytown Municipal Development District to provide an additional $3,000,000 funding for the construction of the Northeast Wastewater Treatment Plant. The estimated cost of this project increased from $18,000,000 to $23,000,000. The project will be funded with 60% of the funding from MDD and 40% of the funding from the City of Baytown Water and Sewer Fund. MDD's share of the project will increase from $10,800,000 to $13,800,000. Texas Water Development Board bonds will be issued for this project. The adopted Water and Sewer budget includes funding for the annual debt service payments. This was approved by the MDD Board on November 4, 2004. Council Member Mahan moved adoption of the proposed ordinance. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 9 of 14 Minutes of the Regular Session — November 11, 2004 ORDINANCE NO. 9939 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT TO PROVIDE ADDITIONAL FUNDING FOR THE CONSTRUCTION OF THE NORTHEAST DISTRICT WASTEWATER TREATMENT PLANT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Consider approving plans and specifications for the 2005 Annual Sanitary Sewer Rehabilitation Project and authorize advertisement for bids. The scope of work includes rehabilitation work primarily using the pipe bursting method, but will also include some removal and replacement by open trench method, as needed. The contract has flexibility for use on unforeseen or emergency projects. The estimated construction cost is $1,000,000 and the construction duration is one calendar year. The project will be funded by 2004 Certificates of Obligation. Council Member Murray moved approval of plans and specifications for the 2005 Annual Sanitary Sewer Rehabilitation Project and authorization for advertisement for bids. Council Member Renteria seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Consent Agenda a. Proposed Ordinance No. 041111 -6 authorizes the payment of the water quality assessment fees to the Texas Commission on Environmental Quality (TCEQ). These fees fund a state program to assess the quality of the river basins of the state. This is being done in compliance with the Federal Clean Water Act. TCEQ is required to recover the reasonable cost of the assessment program from wastewater permit holders and water rights holders. The Wastewater Treatment Fee, assessed annually each October 31 in accordance with 30 TAC, Chapter 305, Subchapter M, is imposed on each permitee holding a permit under the Texas Water Code, Chapter 26. All fees shall be deposited in a fund for the purpose of supplementing other funds appropriated by the legislature to pay the expenses of the Commission to administer water quality programs, consistent with the provisions of the Texas Water Code Chapter 26, the rules and orders of the Commission, and the provisions of the Commission permits governing waste discharge and water treatment facilities. Point calculations are based on the daily average flow limits and permitted parameters specific in the permits. The combined fees for Water Quality Assessment and Wastewater Treatment for this year are $ 83,070. Page 10 of 14 Minutes of the Regular Session — November 11, 2004 b. Proposed Ordinance No. 041111 -7 awards the purchase of a bomb disposal robot complete system for the Police Department from Roboprobe Technologies, Inc., through the Houston Galveston Area Council (H -GAC) in the amount of $40,772.55. The purchase price includes the H -GAC fee of $602.55. This purchase is funded through a Homeland Security Grant. C. Proposed Ordinance No. 041111 -8 awards the annual Police and Animal Control uniform contract to Lonestar Uniforms, Inc., in the amount of $37,911.81. Bid packets were sent to six vendors and bids were received from five. Due to up- charges by other vendors, the apparent lowest responsible bidder is Lonestar Uniforms, Inc. This contract includes uniforms for the Animal Control and Police Department. d. Proposed Ordinance No. 041111 -9 awards the second renewal of the annual uniform rental contract to Aramark Uniform Services, Inc., in the amount of $60,000. Aramark has submitted a written request to renew the current contract for the same pricing, terms, and conditions. This contract provides uniform rental services for employees from Central Warehouse, Mosquito Control, Utilities, Streets, Drainage, Solid Waste, Wastewater Treatment, Traffic, Fire Garage, Police Garage, and Equipment Services Garage. Weekly uniform rental is $7.10 per person (11 changes). Other items provided are shop towels, mats, and fender covers. Uniforms for the Parks and Recreation Department employees have been deleted from the contract, which resulted in a reduction of approximately $10,000. e. Proposed Ordinance No. 041111 - 10 awards the purchase of three 2005 Chevrolet Impalas from Lawrence Marshall Chevrolet through the Houston Galveston Area Council (H -GAC) in the amount of $49,404. The purchase price includes the H -GAC fee of $600. The vehicles replace the following: Truancy Unit #9969 99 Chevrolet Lumina Mileage 103,389 Narcotics Sgt. Unit #9334 93 Ford F -150 Pickup Mileage 62,634 Truck Unit #9441 94 Ford F -150 Pickup Mileage 85,197 f. Proposed Ordinance No. 041111- 11 awards the purchase of one Toro Groundsmaster 580 -D, GM 580 mower for Parks and Recreation from Professional Turf Products, in the amount of $62,603, through the Texas Local Government Purchasing Cooperative (Buyboard). This equipment is funded in the 2004 -2005 General Fund budget. g. Proposed Ordinance No. 041111 -12 awards the purchase of one Volvo EC35 compact excavator for the Streets and Drainage Division from Romco Equipment Company, in the amount of $37,940, through the Texas Local Government Purchasing Cooperative (Buyboard). This equipment is funded in the 2004 -2005 General Fund budget. h. Proposed Ordinance No. 041111-13 approves an Interlocal Agreement with the Baytown Municipal Development District (MDD) providing funding for the re- striping of Texas Avenue between Pruett Street and Commerce Street. Since the traffic patterns would change with the re- striping, it will be necessary to have a traffic engineer develop the layout, turning movements, and ensure ADA compliance. Cost estimates for these design services are $12,000 - $15,000, while the actual striping application is estimated at $20,000 to $30,000. The interlocal agreement will authorize up to $45,000 for the project. Page 11 of 14 Minutes of the Regular Session — November 11, 2004 i. Proposed Resolution No. 041111 -2 authorizes the transfer of $7,936 in the General Fund in accordance with Section 68 of the City Charter. This is primarily a "housekeeping" function. Various expenses in accounts increased to cause the Public Works Administration to exceed their budget. The Traffic Department will transfer funds to cover the overage. The transfer was made between the departments utilizing savings realized and will have no impact on the total budget. Total fund expenditures were within budgeted levels. Council Member Renteria moved adoption of the consent agenda, items a through i. Council Member Sheley seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. ORDINANCE NO. 9940 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF EIGHTY -THREE THOUSAND SEVENTY AND NO /100 DOLLARS ($83,070.00) TO THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AS THE COST FOR THE ANNUAL WASTE TREATMENT FEES AND THE ANNUAL WATER QUALITY ASSESSMENT FEES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9941 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY THOUSAND SEVEN HUNDRED SEVENTY -TWO AND 55 /100 DOLLARS ($40,772.55) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF A BOMB DISPOSAL ROBOT COMPLETE SYSTEM FOR THE CITY OF BAYTOWN'S POLICE DEPARTMENT; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9942 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID OF LONESTAR UNIFORMS, INC., FOR THE ANNUAL POLICE AND ANIMAL CONTROL UNIFORM CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF THIRTY -SEVEN THOUSAND NINE HUNDRED ELEVEN AND 81/100 DOLLARS ($37,911.81); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 12 of 14 Minutes of the Regular Session — November 11, 2004 ORDINANCE NO. 9943 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, RENEWING THE CONTRACT OF ARAMARK UNIFORM SERVICES, INC., FOR THE ANNUAL UNIFORM RENTAL 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. 9944 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF FORTY -NINE THOUSAND FOUR HUNDRED FOUR AND NO /100 DOLLARS ($49,404.00) TO HOUSTON - GALVESTON AREA COUNCIL FOR THE PURCHASE OF THREE (3) 2005 CHEVROLET IMPALAS; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9945 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF SIXTY -TWO THOUSAND SIX HUNDRED THREE AND NO /100 DOLLARS ($62,603.00) TO PROFESSIONAL TURF PRODUCTS FOR THE PURCHASE OF ONE (1) TORO GROUNDSMASTER 580 -D, GM 580 MOWER; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9946 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE PAYMENT OF THIRTY -SEVEN THOUSAND NINE HUNDRED FORTY AND NO /100 DOLLARS ($37,940.00) TO ROMCO EQUIPMENT COMPANY FOR THE PURCHASE OF ONE (1) VOLVO EC35 COMPACT EXCAVATOR; MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ORDINANCE NO. 9947 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO THE AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT DISTRICT TO PROVIDE ADDITIONAL FUNDING FOR THE RE- STRIPING OF TEXAS AVENUE PROJECT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. RESOLUTION NO. 1689 '` ORDINANCE NO. 9947-A* AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO TRANSFER FUNDS FROM VARIOUS ACCOUNTS WITHIN THE GENERAL FUND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. Page 13 of 14 Minutes of the Regular Session — November 11, 2004 Consider extension of the Municipal Judges' contracts. The contract for each of our interim Municipal Judges expires on November 14, 2004. The proposed extension is through December 31, 2004. If no action is taken, no person will be under contract to preside over Municipal Court after November 14, 2004. Mayor Mundinger informed Council that one meeting on the subject of the Municipal Judge had already taken place, another was upcoming with Judge Polumbo, and further meetings will be taking place. Council Member Anderson moved extension of the Municipal Judges' contracts through December 31, 2004, with a pay increase of $100 when called to duty on a holiday. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Announcement of Mayor Mundinger's appointment to the Baytown Housing Authority. The Mayor is authorized to make appointments to the Baytown Housing Authority by Texas Local Government Code, Sections 392.031 and 392.0331. The person appointed replaces Linda Winkelman, whose term expired and was not eligible for reappointment. Mayor Mundinger announced his appointment of Sandra Miks, term to expire on July 1, 2006, to the Baytown Housing Authority. Consider appointment to the Baytown Housing Finance Corporation. The Baytown Housing Finance Corporation board is interlocking with the Baytown Housing Authority board. Council Member Murray moved appointment of Sandra Miks, term to expire on July 1, 2006, to the Baytown Housing Finance Corporation. Council Member Mahan seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. Page 14 of 14 Minutes of the Regular Session — November 11, 2004 Consider appointments to the Community Development Advisory Committee. This item was not ready for consideration. Consider appointment to the Construction Board of Adjustments and Appeals. This item was not ready for consideration. City Manager's Report. City Manager Jackson informed Council that due to an upgrade to the computer system servers, the Utility Billing/Collections Office would close at noon on Friday, November 12, 2004. Adjourn. Council Member Anderson moved that the meeting adjourn. Council Member Murray seconded the motion. The vote follows: Ayes: Council Members Anderson, Mahan, Murray, Renteria, and Sheley. Mayor Mundinger. Nays: None. The motion carried. There being no further business, the meeting adjourned at 8:02 p.m. aw"n2z4�2 Gary W. Smith City Clerk * Resolution No. 1689 was incorrectly listed as a resolution, when in fact it was an ordinance — now Ordinance No. 9947 -A