2005 02 24 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
February 24, 2005
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on February 24, 2005, at 6:30
p.m. in the Council Chamber of Baytown City Hall with the following in attendance:
Ronnie Anderson
Sammy Mahan
Don Murray
Scott Sheley
Sheryl G. Ward
Calvin Mundinger
Gary M. Jackson
Bob Leiper
Ignacio Ramirez, Sr.
Gary W. Smith
Council Member Renteria was absent.
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 Ward 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 regular meeting held on February 10, 2005.
Council Member Mahan moved approval of the minutes of the work session and regular meeting held on
February 10, 2005. Council Member Ward seconded the motion. The vote follows:
Ayes: Council Members Mahan, Murray, Sheley, and Ward..
Mayor Mundinger.
Nays: None.
Council Member Anderson abstained.
The motion carried.
Citizen communications:
Juanita Taylor, 1802 W. Gulf, and Kathie Smith, 2004 Texoma, requested street repairs in the Central
Heights subdivision.
Page 2 of 13
Minutes of the Regular Session — February 24, 2005
Administration of oath of office for Municipal Court Judge and Associate Municipal Court Judges.
City Attorney Ignacio Ramirez, Sr. administered the oath of office to Julie Escalante, Municipal Court
Judge, and to Michael Mark and O'Shea Spencer, Associate Municipal Court Judges.
Mayor Mundinger recognized the families of the new judges present to witness the administration of the
oaths of office.
Receive the 2004 Racial Profiling Report.
This item was not ready for consideration.
Consider Proposed Ordinance No. 050224 -1, the first reading of the Ordinance annexing property
currently within the extra - territorial jurisdiction of the City of Baytown and being 12.1300 acres of
land in the George C. Davis Survey, Abstract 1472, Harris County, Texas located southeast of the
intersection of Interstate Highway 10 and North Main Street (Bayview).
Commercial Investment Services is developing the property as multifamily housing. City Council
approved a petition to annex this property. In accordance with state law, two public hearings were held
on the proposed annexation on January 27, 2004, following publication in The Baytown Sun on January
13, 2005, and posted on the City's web site on the same date, more than ten days and less than 20 days
prior to the public hearings. This ordinance if approved on its first reading, will be published in The
Baytown Sun on February 28, 2005. The second and final reading may be held after 30 days following its
first publication.
Staff retained the services of Val Perkins and Randall Strong because of the request by Council for a
second legal opinion regarding Council's discretion in the annexation process.
Mr. Strong, who represented the City during the single- member district litigation in the late 1980's,
informed Council that there was little authority on the question. He said that Council may choose not
annex an area due to the lack of ability to provide services, i.e., because of the lack of sewer capacity,
and/or police and fire protection. This is a legislative function with broad discretion, which is rarely
overturned unless the decision not to annex appears to be arbitrary. Mr. Strong reminded Council that the
Voting Rights Act governs its actions and that the U.S. Department of Justice closely watches both
annexations and refusals to annex. He cited a case in which the reasons not to annex a property were
viewed by the Justice Department as pretextual and therefore, discriminatory. He stated that the City
must establish that there is no discriminatory intent or affect if it chooses not to annex property. The City
must also have factual support of its decision, such as negative impact, which must be a part of the service
plan. The City must be consistent in its actions and use the same criteria for all annexations. If the City is
not consistent, it will be viewed by the Department of Justice as discriminatory.
In response to a question from Council regarding sewer capacity for this particular property, Fred Pack,
Public Services Director, informed Council that the West District Wastewater Treatment Plant would
service this property, and there is capacity available.
Page 3 of 13
Minutes of the Regular Session — February 24, 2005
City Attorney Ramirez informed Council that a legal opinion had been obtained from the Texas
Municipal League and TML counsel concurred with Mr. Strong's conclusion. TML's counsel reiterated
the need for consistency throughout all annexation processes.
City Manager Jackson noted that the 2005 Texas Department of Housing and Community Affairs
assessment of the City revealed an Affordable Housing Need Score of six out of a possible seven.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Ward seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, PROVIDING FOR THE
EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF BAYTOWN, TEXAS, AND THE
ANNEXATION OF 12.1300 ACRES OF LAND IN THE GEORGE C. DAVIS SURVEY, ABSTRACT 1472,
HARRIS COUNTY, TEXAS, LOCATED SOUTHEAST OF THE INTERSECTION OF INTERSTATE
HIGHWAY 10 AND NORTH MAIN STREET; WHICH SAID TERRITORIES LIE ADJACENT TO AND
ADJOIN THE PRESENT BOUNDARY LIMITS FOR THE CITY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance No. 050224 -2, approving Change Order No. 2, approving final
payment to Angel Brothers Enterprises, LTD, and accepting the Hardin Road Drainage and
Roadway Reconstruction Project.
Proposed Ordinance No. 050224 -2 approves balancing Change Order No. 2 to adjust final quantities,
approves final payment of $40,972.95 to Angel Brothers Enterprises, LTD, and accepts the Hardin Road
Drainage and Roadway Reconstruction project. The original contract was awarded to Angel Brothers
Enterprises, LTD for $805,766 and the contract duration was 150 calendar days. Change Order No. 1 was
a deduct change order for reimbursement of excess pavement reinforcement in the amount of $21,764,
reducing the contract price to $784,002. Change Order No. 1 was approved administratively. Change
Order No. 2 is a balancing change order and reduces the final contract amount by $30,484.88 to
$753,567.12, which represents a 6.48% cost savings. The cost savings was largely due to an adjustment
of final quantities on various bid items. The contractor substantially completed the project within the
allotted time and the workmanship was satisfactory.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 4 of 13
Minutes of the Regular Session — February 24, 2005
ORDINANCE NO. 10014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING DEDUCT CHANGE ORDER NO. 2 WITH ANGEL BROTHERS ENTERPRISES,
LTD., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE HARDIN ROAD DRAINAGE
AND ROADWAY RECONSTRUCTION PROJECT; AUTHORIZING FINAL PAYMENT OF THE
SUM OF FORTY THOUSAND NINE HUNDRED SEVENTY -TWO AND 95/100 DOLLARS
($40,972.95) TO ANGEL BROTHERS ENTERPRISES, LTD., FOR SAID PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050224 -3, authorizing the City Manager to execute a contract
through the Texas Cooperative Purchasing Network for roof replacement, reconstruction of
exterior siding and associated weatherproofing and repair of the Bayland Island Ship Store.
Proposed Ordinance No. 050224 -3 authorizes the City Manager to execute a contract through the Texas
Cooperative Purchasing Network (TCPN) in the amount of $198,882, to Weatherproofing Technologies,
Incorporated, for roof replacement, reconstruction of exterior siding and associated weatherproofing and
repair at the Bayland Island Ship Store. Funding for the project is from the settlement proceeds from a
lawsuit concerning the construction of the restaurant and ships store buildings. This project was bid
through TCPN, an organization similar in function to H -GAC.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Ward seconded
the motion. In response to questions from Council, Deputy City Manager Leiper explained that a
significant cost savings had been realized through a redesign of the original plans. He said that rather
than removing the outer covering and replacing it with hardy plank, the building walls will be
encapsulated with vertical siding over water - proofing. The roof will be replaced and the windows sealed
in place. He noted that the project had been bid through the Texas Cooperative Purchasing Network.
The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10015
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT THROUGH THE TEXAS
COOPERATIVE PURCHASING NETWORK WITH WEATHERPROOFING TECHNOLOGIES,
INCORPORATED, FOR ROOF REPLACEMENT, RECONSTRUCTION OF EXTERIOR SIDING
AND ASSOCIATED WEATHERPROOFING AND REPAIR AT THE BAYLAND ISLAND SHIP
STORE; AUTHORIZING PAYMENT IN THE AMOUNT OF ONE HUNDRED NINETY EIGHT
THOUSAND EIGHT HUNDRED EIGHTY -TWO AND NO /100 DOLLARS ($198,882.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 5 of 13
Minutes of the Regular Session — February 24, 2005
Consider Proposed Ordinance No. 0502244, authorizing an Interlocal Agreement with the
Baytown Municipal Development District to provide funding for the design of the North Main
Street and Alexander Drive Signalization Project.
Proposed Ordinance No. 050224 -4 approves an Interlocal Agreement with the Baytown Municipal
Development District to provide funding for the design of the North Main Street and Alexander Drive
Traffic Signal Synchronization Project. It is necessary to establish a mechanism for the payment of the
necessary funds for design of the project. The maximum funding approved in the agreement for the
project design is $478,382. This agreement is similar to agreements previously approved for joint
projects and will be considered by the MDD at their next meeting.
Council Member Mahan moved adoption of the proposed ordinance. Council Member Murray seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10016
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 AGREEMENT WITH THE BAYTOWN MUNICIPAL DEVELOPMENT
DISTRICT REGARDING FUNDING FOR THE DESIGN OF THE NORTH MAIN STREET AND
ALEXANDER DRIVE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050224 -5, awarding a professional services contract for the
design of the North Main Street and Alexander Drive Traffic Signal Synchronization Project.
Proposed Ordinance No. 050224 -5 awards a professional services contract, in an amount not to exceed
$449,000, to Klotz Associates, Inc., for the design of the North Main Street and Alexander Drive Traffic
Signal Synchronization Project. The compensation for basic services will not exceed $449,000. The
additional services of $24,000 will be necessary to assess the traffic signal poles and possibly re- cabling
and new conduit. The reimbursable expenses shall not exceed $2,000. The basic services include
Congestion Mitigation and Air Quality Improvement (CMAQ) application assistance for funding the
construction project through H -GAC. If CMAQ funding is secured, the professional services contract
will need to be amended to meet federal and state guidelines required by the CMAQ program.
Essentially, the design package will need to be revised for the CMAQ effort. This project funding is
contingent on approval of an Interlocal Agreement with the Baytown Municipal Development District.
Council Member Mahan moved adoption of the proposed ordinance. Council Member Murray seconded
the motion. In response to questions from Council, Kevin Tyre and Tom Ramsey, Klotz Associates, Inc.,
said that Congestion Mitigation Air Quality funds will be sought from Houston - Galveston Area Council.
Regarding the light synchronization, Mr. Tyre informed Council that during low traffic volume times, i.e.,
2:00 a.m., the lights will run on a loop detection, ensuring a quick response for a vehicle on a side street
waiting for the light to change.
Page 6 of 13
Minutes of the Regular Session — February 24, 2005
The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10017
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 KLOTZ ASSOCIATES, INC., FOR THE DESIGN OF THE
NORTH MAIN STREET AND ALEXANDER DRIVE TRAFFIC SIGNAL SYNCHRONIZATION PROJECT;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED FOUR
HUNDRED SEVENTY -FIVE THOUSAND AND NO 1100 DOLLARS ($475,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050224 -6, awarding the construction contract for the Cedar
Bayou Road Drainage Project.
Proposed Ordinance No. 050224 -6 awards the construction contract, in the amount of $66,934.10, to
Paula Construction, Inc., for Cedar Bayou Road Drainage Project. Paula Construction is the apparent
lowest responsible bidder. The scope of work includes the installation of a standard five -foot storm inlet
on the north side of Cedar bayou Road and the installation of approximately 60 linear feet of reinforced
concrete pipe as well as 635 linear feet of high density polyethylene pipe. The proposed storm sewer will
outfall into a tributary of Cedar Bayou. The purpose of the project is to prevent localized flooding during
rainfall events in the vicinity of Cedar Bayou Junior School. The construction duration for the project is
60 calendar days and the project will be funded by 2004 General Obligation bonds and the Capital
Drainage Fund.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10018
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 PAULA CONSTRUCTION, INC., FOR THE CEDAR BAYOU
ROAD DRAINAGE PROJECT; AUTHORIZING PAYMENT OF THE SUM OF SIXTY -SIX
THOUSAND NINE HUNDRED THIRTY -FOUR AND 10 /100 DOLLARS ($66,934.10); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Page 7 of 13
Minutes of the Regular Session — February 24, 2005
Consider Proposed Ordinance No. 050224 -7, approving balancing Change Order No. 1, to approve
i final payment to PM Construction for work completed in Work Order No. 5, and to accept the 2004
Annual Sanitary Sewer Rehabilitation project.
Proposed Ordinance No.050224 -7 approving balancing Change Order No. I in the amount of $4,027.18,
approves final payment of $135,384.19 for work completed in Work Order No. 5 to PM Construction,
Inc., and accepts the 2004 Annual Sanitary Sewer Rehabilitation project. The project consisted of five
work orders that are completed and balanced out individually by administration. Change Order No. 1
reflects the over -all balancing of the five individual work orders. The original contract was awarded to
PM Construction for $999,608.15 and the final contract amount was increased by 0.4% for an adjusted
contract amount of $1,003,635.33. The contractor's workmanship was satisfactory and each work order
was completed within the assigned time limits. This project was funded by 2003 Certificates of
Obligation.
Council Member Sheley moved adoption of the proposed ordinance. Council Member Ward seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carved.
ORDINANCE NO. 10019
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CHANGE ORDER NO. 1 TO WORK ORDER NO. 5 WITH PM CONSTRUCTION &
REHAB, L.P., TO ADJUST THE FINAL UNIT BID QUANTITIES FOR THE 2004 ANNUAL
SANITARY SEWER REHABILITATION PROJECT; AUTHORIZING FINAL PAYMENT OF THE
SUM OF ONE HUNDRED THIRTY -FIVE THOUSAND THREE HUNDRED EIGHTY -FOUR AND
19 /100 DOLLARS ($135,384.19) TO PM CONSTRUCTION & REHAB, L.P., FOR SAID PROJECT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Resolution No. 050224 -1a, denying consent to the inclusion of 120.0428 acres
into Lake Municipal Utility District located within the extraterritorial jurisdiction of the City.
Consider Proposed Resolution No. 050224-lb, granting consent to the inclusion of 120.0428 acres
into Lake Municipal Utility District located within the extraterritorial jurisdiction of the City.
These items were not ready for consideration.
Consider Proposed Resolution No. 050224 -2, authorizing the City Manager to apply for the Justice
Assistance Grant for 2005.
Proposed Resolution No. 050224 -2 authorizes the City Manager to apply for the Justice Assistance Grant
from U. S. Department of Justice for 2005. The grant will potentially provide $27,651 for neighborhood
patrol and firearms training.
Page 8 of 13
Minutes of the Regular Session — February 24, 2005
The grant application requires that it must be made available to the governing body for review and that the
application or any future amendment be made public and an opportunity to comment be provided to the
citizens. This agenda item will afford citizens that opportunity. The resolution also authorizes the City
Manager to take further actions required to accept any grant awarded.
Council Member Ward moved adoption of the proposed resolution. Council Member Anderson seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
RESOLUTION NO. 1699
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING
THE CITY MANAGER OF THE CITY OF BAYTOWN TO MAKE APPLICATION TO THE UNITED
STATES DEPARTMENT OF JUSTICE FOR FISCAL YEAR 2005 GRANT FUNDS FROM THE
EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM IN THE AMOUNT
OF TWENTY -SEVEN THOUSAND SIX HUNDRED FIFTY -ONE AND N01100 DOLLARS
($27,651.00); DESIGNATING AN AUTHORIZED REPRESENTATIVE; AUTHORIZING THE
REPRESENTATIVE TO ACCEPT OR AFFIRM ANY GRANT AWARD THAT MAY RESULT
THEREFROM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider approving the streets proposed in Work Order #1 for the mill/base repair and overlay
project in the street maintenance sales tax program.
City Manager Jackson reminded Council that this item had been discussed at the February 10, 2005 City
Council work session, that subsequent to that discussion, the list of streets had been submitted for Council
approval, so that the bid could be awarded at the next regular meeting on March 10, 2005.
Council Member Anderson moved approval of the streets proposed in Work Order #1 for the mill/base
repair and overlay project in the street maintenance sales tax program. Council Member Murray seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Page 9 of 13
Minutes of the Regular Session — February 24, 2005
Discuss and take appropriate action relating to the televising of City Council meetings.
Council engaged in extensive discussion of the need for policies and a code of conduct and enforcement
of the same, the need for open government, the possible negative impact televising meetings could have,
such as grandstanding by Council Members during election time, citizens using it as a forum to further
non - relevant agendas or to criticize City staff, the fact that televising meetings would increase the length
of meetings, that televising could have a negative impact upon those citizens too shy to appear before a
camera, other uses for the channel, such as emergency broadcasts, whether other cities that televise
meetings are enthusiastic about the program, the need and ability to regulate the citizens' input, the
projected costs of the project, and which meetings (City Council, Boards and Commissions) would be
broadcast.
Council Member Murray moved to table the time until the regular Council meeting on March 24, 2005,
but withdrew his motion.
City Manager Jackson suggested that staff develop policies and procedures related to televising meetings
and bring them to Council for consideration at a future meeting.
Council Member Murray moved to direct staff to develop policies and procedures related to televising
meetings for Council's consideration. Council Member Mahan seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Consent Agenda
a. Proposed Ordinance No. 050224 -8 awards the bid, in the amount of $61,092.48, to J. R. R.
Service Cleaning for the janitorial services contract. Invitations to bid were sent to fifteen
(15) contractors and seven (7) responses and two no -bids were received. This contract
provides services for thirteen (13) locations throughout the City.
b. Proposed Ordinance 050224 -9 authorizes a joint election agreement with Goose Creek
Consolidated Independent School District for the general election to be held on the 7`h day
of May 2004. Early voting will take place at two locations, City Hall and the School
Administration Building. Tabulation of ballots will occur at the same location, the School
Administration Building. The City and School District will share the cost of personnel for
common polling places and training. This will reduce the cost for the election for both
entities.
C. Proposed Resolution 050224 -3 appoints the election officials for the May 7, 2005 general
election. The proposed election officials have agreed to serve for the election. Detailed
training will be provided through an election school held prior to the election. The City is
working to hold a joint election with the School District. When the City and School
District elections will be held in the same precinct, the same polling places will be used
and the same persons will serve as judge and alternate judge for each entity's election.
Each judge who has volunteered to serve has previous experience either in conducting a
City election or in conducting an election using the eSlate equipment.
Page 10 of 13
Minutes of the Regular Session — February 24, 2005
d. Proposed Resolution No. 050224 -4 cancels the Council meeting scheduled for the fourth
Thursday of March 2005 and calls a special Council meeting on Thursday, March 24, 2005
at 4:30 p.m. This scheduling avoids conflicts with Maundy Thursday services.
e. This item was removed for separate consideration.
Council Member Sheley moved adoption of the consent agenda, items a through d. Council Member
Anderson seconded the motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10020
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ACCEPTING THE BID
OF J.R.R. SERVICE CLEANING FOR THE ANNUAL JANITORIAL SERVICES CONTRACT AND
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF SIXTY -ONE THOUSAND
NINETY -TWO AND 48/100 DOLLARS ($61,092.48); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10021
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A JOINT ELECTION AGREEMENT WITH THE GOOSE CREEK CONSOLIDATED
INDEPENDENT SCHOOL DISTRICT FOR THE GENERAL ELECTION TO BE HELD ON THE 711,
DAY OF MAY 2005; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1700
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, NAMING THE
ELECTION OFFICIALS FOR THE GENERAL AND SPECIAL ELECTIONS OF THE CITY OF
BAYTOWN, TEXAS, TO BE HELD ON MAY 7, 2005; PROVIDING A REPEALING CLAUSE;
CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
RESOLUTION NO. 1701
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, CALLING A
SPECIAL COUNCIL MEETING TO BE HELD ON THURSDAY, MARCH 24, 2005, AT 4:30 P. M. IN
THE COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; CANCELING THE REGULAR
COUNCIL MEETING TO BE HELD ON THURSDAY, MARCH 24, 2005, AT 6:30 P.M. IN THE
COUNCIL CHAMBERS OF CITY HALL, BAYTOWN, TEXAS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
Page 11 of 13
Minutes of the Regular Session — February 24, 2005
Item e. was removed from the consent agenda and considered separately:
e. Proposed Resolution No. 050224 -5 requests the sheriff or constable to sell the property
located at 1818 Maryland Street, Baytown, Hams 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 the sale of the following property:
Property address:
Legal description:
Number and style of suit:
Date of tax foreclosure sale
The right of redemption
improvements.
1515 Maryland Street, Baytown, Texas
Lot 9, Block 3; Leger
Cause No. 1997- 36932; City of Baytown v. William Pillow;
In the 801h Judicial District Court, Hams County, Texas
March 6, 2001
has expired on this property. This property contains no
Council Member Sheley moved adoption of the proposed resolution. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
Council Member Mahan abstained and did not participate in the consideration of the item.
The motion carried.
RESOLUTION NO. 1702
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, REQUESTING
THE SHERIFF OR CONSTABLE TO SELL THE PROPERTY LOCATED AT 1818 MARYLAND
STREET AT A PUBLIC SALE PURSUANT TO SECTION 34.05(C) OF THE TEXAS TAX CODE;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider confirmation of City Manager's appointments to the Baytown Library Board.
The terms of Fritz Lanham, Steve Ellis, Gary Englert, and Pamela Medellin will expire on March 1, 2005.
Dr. Medellin has served three teams and is not eligible for reappointment. Mr. Lanham, Mr. Ellis, and
Mr. Englert have each agreed to serve if the City Manager's reappointment of them is confirmed by City
Council.
Page 12 of 13
Minutes of the Regular Session — February 24, 2005
During the most recent term, Mr. Lanham attended 9, Mr. Ellis attended 9, and Mr. Englert attended 8 of
the 10 meetings held.
City Manager Jackson informed Council that he will present an appointee to fill the vacancy that will be
left when Dr. Medellin's term expires for confirmation by Council at the next regular meeting on March
10, 2005.
Council Member Murray moved confirmation of the City Manager's appointments of Fritz Lanham,
Steve Ellis, and Gary Englert to the Baytown Library Board. Council Member Mahan seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
Consider appointments to the Urban Rehabilitation Standards Review Board.
The terms of Tom Hard, Interested Citizen, Joe Frank Robins, Interested Citizen, and David Mohlman,
Social or Welfare Worker, expired on March 1, 2004. The terms of William Gidley, Mortgage Loan
Banker, W. A. McElhannon, Registered Engineer, William J. Reineke, Interested Citizen, and Tom
Hughes, Building Contractor will expire March 1, 2005. The terms of office are for two years. Each has
agreed to serve if reappointed by Council. During the most recent term, Mr. Hard attended 23, Mr.
Robins attended 14, Mr. Mohlman attended 17, Mr. Gidley attended 20, Mr. McElhannon attended 19,
Mr. Reineke attended 24, and Mr. Hughes attended 19 of the 24 meetings held. Messrs. Hard, Robbins,
and Mohlman new terms will expire on March 1, 2006. The new terms of Messrs. Gidley, McElhannon,
Reineke, and Hughes will expire on March 1, 2007.
Council Member Sheley moved appointment to the Urban Rehabilitation Standards Review Board of
Messrs. Hard, Robbins, and Mohlman, terms to expire March 1, 2006, and Messrs. Gidley, McElhannon,
Reineke, and Hughes, terms to expire on March 1, 2007. Council Member Mahan seconded the motion.
The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
City Manager's Report.
City Manager Jackson announced the retirement of Finance Director Donna Sams, effective February 28,
2005. He said that she had been a valuable member of staff who would be sorely missed.
Ms. Sams received a standing ovation by those present.
Page 13 of 13
Minutes of the Regular Session — February 24, 2005
Ms. Sams informed Council that she had enjoyed her ten -year tenure with the City and intended to remain
active in the community.
Adjourn.
Council Member Anderson moved that the meeting adjourn. Council Member Murray seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Mahan, Murray, Sheley, and Ward.
Mayor Mundinger.
Nays: None.
The motion carried.
There being no further business, the meeting adjourned at 8:02 p.m.
Gar¢'W. Smith
City Clerk * *",�