2005 09 27 CC MinutesMINUTES OF THE REGULAR SESSION
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
September 27, 2005
6:30 p.m.
The City Council of the City of Baytown, Texas, met in regular session on September 27, 2005, at 6:30
p.m. in the Council Chamber of Baytown City Hall with the following in attendance:
Ronnie Anderson
Brandon Capetillo
Sammy Mahan
Don Murray
Mercedes Renteria III
Scott Sheley
Calvin Mundinger
Gary M. Jackson
Kelvin Knauf
Bob Leiper
Ignacio Ramirez, Sr.
Council Member
Council Member
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
Assistant City Manager /Interim City Clerk
Deputy City Manager
City Attorney
The meeting was opened with a quorum present and Council Member Murray 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 September 8, 2005
and the special meeting held on September 15, 2005.
Council Member Sheley moved approval of the minutes of the work session and regular meeting held on
September 8, 2005 and the special meeting held on September 15, 2005. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
Council Member Anderson abstained.
The motion carried.
Receive the Annual Report from the Parks and Recreation Advisory Board.
This item was withdrawn from consideration.
Page 2 of 17
Minutes of the Regular Session - September 27, 2005
Consider Proposed Ordinance No. 050927 -1, adopting the 2005 -06 City of Baytown Budget
totaling $85,202,065.
General Fund
$47,495,166
General Debt Service Fund
8,184,967
Hotel/Motel Fund
698,412
Water & Sewer Fund
23,229,611
Sanitation Fund
3,227,021
Storm Water Utility Fund
493,011
Central Services Fund
1,873,877
Total
$85,202,065
City Manager Jackson explained to Council that, due to Hurricane Rita response and clean-up expenses,
the following increases in current year expenditures are anticipated:
General Fund: Hurricane expenditures of $192,000, increasing total expenditures to $45,084,215
and reducing the estimated 2005 -2006 Fund Balance to 68 days;
Water and Sewer Fund: Hurricane expenditures of $96,000, increasing total expenditures to
$21,437,539 and decreasing the estimated 2005 - 2006 Working Capital to 69 days; and,
Solid Waste Fund: Hurricane expenditures of $12,000, increasing total expenditures to $3,070,817
and decreasing the estimated 2005 - 2006 Working Capital to 87 days.
Consider Proposed Ordinance No. 050927 -2, setting the rate and tax levy for General Fund
Maintenance and Operation and Debt Service for the fiscal year ending September 30, 2006.
This ordinance will set the rate for General Fund maintenance and operation for the fiscal year ending
September 30, 2006 at $0.45700 per $100 valuation. This ordinance will set the rate and tax levy for Debt
Service for fiscal year ending September 30, 2006 at $0.28003 per $100 valuation.
Consider Proposed Ordinance No. 050927 -3, amending the Code of Ordinances, Chapter 98,
"Utilities," Section Nos. 98 -59 and 98 -91 to increase water and sewer rates.
Water and sewer rates are being raised primarily to cover the cost of the proposed bond sale in Fiscal Year
2005 -06. The proposed changes are as follows:
Water.
Inside City Base Rate - from $8.83 to $9.49 (includes first 2,000 gallons);
Inside City Consumption Rate - from $3.35 to $3.60 per 1,000 gallons of water used;
Volume User Rate - from $2.19 to $2.35 per 1,000 gallons of water used;
Outside City Base Rate - from $17.66 to $18.98 (includes fast 2,000 gallons); and,
Outside City Consumption Rate - from $5.03 to $5.41 per 1,000 gallons of water used.
Sewer.
Inside City Base Rate - from $8.83 to $9.49 (includes first 2,000 gallons);
Inside City Consumption Rate - from $3.18 to $3.42 per 1,000 gallons of water used, with the cap
of 12,000 gallons on residential usage;
Outside City Base Rate - from $17.66 to $18.98 (includes first 2,000 gallons); and,
Outside Gty Consumption Rate - from $4.77 to $5.13 per 1,000 gallons of water used (no cap);
The new rates will become effective October 1, 2005.
Page 3 of 17
Minutes of the Regular Session — September 27, 2005
Consider Proposed Ordinance No. 050927 -4, adopting new GIS and contractor registration fees
and increasing health inspection fees.
The proposed ordinance also increases the fees for health inspection.
Consider Proposed Resolution No. 050927 -1, approving the Utility Capital Improvements
Program for the 2005 -06 through 2010 -11 fiscal years.
As discussed during the budget workshops, the Utility Capital Improvement Program identifies projects
and estimates expenditures based on current construction costs. The Utility Capital Improvements
Program is proposed to increase from a five -year total of $67,003,000 currently to a ten -year total of
$130,453,000 under the revised program.
Consider Proposed Ordinance No. 050927.5, adopting the 2005 -06 Baytown Area Water Authority
Budget totaling $6,330,467.
The Baytown Area Water Authority budget totals $6,330,467. The budget has been reviewed and
approved by the Baytown Area Water Authority Board of Directors on August 17, 2005.
Consider Proposed Ordinance No. 050927 -6, designating San Jacinto Medical Group for City
Physician Services.
Proposed Ordinance No. 050927 -6 authorizes San Jacinto Medical Group for City physician services in an
amount not to exceed $93,025. Dr. Steven Melcher with San Jacinto Medical Group has provided
excellent service to the City of Baytown this year. The service period shall be October 1, 2005 through
September 30, 2006.
Consider Proposed Ordinance No. 050927 -7, renewing the benefit consulting services with
Jardine Lloyd Thompson (LLC) formerly known as Capital Risk and authorizing payment for
providing such services.
Proposed Ordinance No. 050927 -7 approves the annual consulting /brokerage agreement with Jardine
Lloyd Thompson (LLC) formerly known as Capital Risk in the amount of $50,000 for consulting services
related to the City's Health Benefit Program. The term of this contract is October 1, 2005 through
September 30, 2006. The current amount is $35,000 and the $15,000 increase is within our projected
budgeted amount.
Consider Proposed Ordinance No. 050927 -8, renewing the contract with United Healthcare for
Third Party Administration (TPA) Services and Stop Loss Coverage and authorizing payment for
said services.
Since the City is self - insured, we utilize a TPA to pay the medical and dental claims. PPO network fees,
RX fees, and administrative fees will be directed through the TPA for payment. Actual cost will vary as
coverage is based on per employee, per month rate; therefore, actual enrollment will dictate the total
amount. The annual cost for administrative fees for 2004/2005 was $333,273. The estimated annual cost
for 2005/2006 for administrative fees is $343,966 a 3.2% increase, which is within our projected budgeted
amount. The contract period is October 1, 2005 through September 30, 2006. The ordinance also renews
the annual contract with United HealthCare for Specific and Aggregate Stop Loss Coverage for the City's
health benefit program in the amount of $589,669.
Page 4 of 17
Minutes of the Regular Session — September 27, 2005
The annual cost for Stop Loss for 2004/2005 was $458,701. Both specific stop loss and aggregate stop
loss coverage are based on per employee, per month rate; therefore, actual enrollment will dictate the total
amount. The estimated premium of $589,669 is a 26.7% increase which is within our projected budgeted
amount. The specific stop loss limit is $150,000. The contract period is October 1, 2005 through
September 30, 2006.
The increase in healthcare costs to employees and retirees was discussed. The overall increase this year is
35 %, 80 % to be assumed by the City, with 20% by the employees and retirees. To help mitigate the cost
of the increase, two plan changes will be implemented: a $100 prescription deductible charge and an
increase in out -of- pocket expenses in Plan B.
Consider Ordinance No. 050927 -9, renewing the contract with United Behavioral Health for
Employee Assistance Program Services (EAP) and authorizing payment for providing such
services.
The following services are provided.
• Six counseling sessions per incident or per problem for employees and family members;
• Supervisory/ management training and employee orientation and training;
• Critical incident stress debriefing;
• Work/Life services (financial and legal services); and,
• Parenting and Adult/Elder Services.
The cost is $2.94 per employee per month which is a budgeted item. The term of this contract is October
1, 2005 through September 30, 2006.
Council Member Murray moved adoption of Proposed Ordinances 050927 -1 through 050927 -9 and
Proposed Resolution No. 050927 -1. Council Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, and Sheley.
Mayor Mundinger.
Nays: Council Member Renteria.
The motion carved.
ORDINANCE NO. 10,156
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADOPTING A BUDGET FOR THE ENSUING FISCAL YEAR, BEGINNING OCTOBER 1, 2005,
AND ENDING SEPTEMBER 30, 2006, IN ACCORDANCE WITH THE CHARTER AND
ORDINANCES OF THE CITY OF BAYTOWN; AND PROVIDING FOR THE PUBLICATION
AND EFFECTIVE DATE THEREOF.
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Page 6 of 17
Minutes of the Regular Session — September 27, 2005
ORDINANCE NO. 10,160
AN ORDINANCE OF THE QTY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
APPROVING THE BUDGET FOR THE BAYTOWN AREA WATER AUTHORITY (BAWA) FOR
THE FISCAL YEAR BEGINNING OCTOBER 1, 2005, AND ENDING SEPTEMBER 30, 2006;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,161
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING CITY PHYSICIAN SERVICES WITH SAN JAQNTO MEDICAL GROUP;
AUTHORIZING PAYMENT FOR SUCH SERVICES IN AN AMOUNT NOT TO EXCEED
NINETY THREE THOUSAND TWENTY FIVE AND N01100 DOLLARS ($93,025.00); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 10,162
AN ORDINANCE OF THE CITY CDUNCIL OF THE QTY OF BAYTOWN, TEXAS,
RENEWING THE ANNUAL CONSULTING /BROKERAGE AGREEMENT WITH JARDINE
LLOYD THOMPSON, LLC, F /K /A CAPITOL RISK EMPLOYEE BENEFITS, LLC;
AUTHORIZING PAYMENT BY THE QTY OF BAYTOWN, THE SUM OF FIFTY THOUSAND
AND N0/100 DOLLARS ($50,000.00); AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
ORDINANCE NO. 10,163
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE AGREEMENT WITH UNITED HEALTHCARE OF TEXAS, INC, AS A
THIRD PARTY ADMINISTRATOR FOR THE ADMINISTRATION OF MEDICAL AND
DENTAL CLAIMS AND FOR NETWORK SERVICES ON BEHALF OF THE CITY OF
BAYTOWN; AUTHORIZING PAYMENT IN THE AMOUNT OF THREE HUNDRED FORTY-
THREE THOUSAND NINE HUNDRED SIXTY -SIX AND NO/ 100 DOLLARS ($343,966.00) FOR
THE THIRD PARTY ADMINISTRATOR SERVICES; RENEWING THE AGREEMENT WITH
UNITED HEALTHCARE OF TEXAS, INC, FOR THE SPECIFIC AND AGGREGATE STOP
LOSS COVERAGE; AUTHORIZING PAYMENT OF FIVE HUNDRED EIGHTY-NINE
THOUSAND SIX HUNDRED SIXTY-NINE AND N01100 DOLLARS ($589,669.00) FOR THE
SPECIFIC AND AGGREGATE STOP LOSS COVERAGE; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,164
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
RENEWING THE ADMINISTRATIVE SERVICES AGREEMENT WITH UNITED
BEHAVIORAL HEALTH FOR THE CITY'S EMPLOYEE ASSISTANCE PROGRAM;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY-FOUR
THOUSAND SIX HUNDRED NINETY -SIX AND 00/100 DOLLARS ($24,696.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 7 of 17
Minutes of the Regular Session — September 27, 2005
Consider Proposed Ordinance No. 050927 -10, approving an $11,000 contract addendum with
Larson /Bums, Inc. for construction services for the development of the Goose Creek Stream
Greenbelt, Phase III.
Council approved a $13,800 construction services agreement on September 23, 2004. This addendum will
cover expenses caused by unforeseen developments in the plan due to changes in the site condition, most
notably, the construction/ replacement of the railroad bridge. City Council approved the original contract
on June 12, 1997 in the amount of $94,419; a second addendum was approved on September 9, 1999 in
the amount of $60,000 and a third addendum on May 22, 2003 in the amount of $24,615.16. With this
addendum, the total project for Larson/Bums, Inc. is $203,834.16. Eighty percent funding will come
from Intermodal Surface Transportation Efficiency Act and Congestion Mitigation Air Quality funds in
the amount of $163,067.33; twenty percent funding will come from the City in the amount of $40,766.83.
Approximately sixty -two percent of the $1,630,901.62 project by Lone Star Road Construction, Ltd. is
complete. The estimated 9,000 feet of 10 -foot wide multi- purpose trail along the shores of Goose Creek
Stream, connecting Phase I at West Texas Avenue with Phase II at Arizona Street is expected to be
completed before the first of the year. Mark Patterson, Contracts Administrator with the Texas
Department of Transportation, has reviewed and approved the contract amendment.
Council Member Renteria moved adoption of the proposed ordinance. Council Member Anderson
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor. Mundinger.
Nays: None.
The motion carved.
ORDINANCE NO. 10,165
AN ORDINANCE OF THE QTY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
APPROVING ADDENDUM NO. 4 TO THE PROFESSIONAL CONSULTANT SERVICES
CONTRACT BETWEEN THE CITY OF BAYTOWN AND LARSON DESIGN GROUP, INC,
D /B /A LA.RSON /BURNS, INC., FOR ADDITIONAL SERVICES FOR THE DEVELOPMENT OF
THE GOOSE CREEK STREAM GREENBELT PROJECT, PHASE III; AUTHORIZING
PAYMENT IN THE AMOUNT NOT TO EXCEED ELEVEN THOUSAND AND NO /100
DOLLARS ($11,000.00); MAKING OTHER PROVISIONS RELATED THERETO AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Consider Proposed Ordinance No. 050927 -11, the second reading of the Ordinance annexing
property currently within the extra- te rritotial jurisdiction of the City of Baytown and being
approximately 8.3957 acres of land in the Ed T. Schaffer Survey (W.C. & &R.), Abstract 1224, a
part of Lots 11 and 12, Block 21, Highland Farms Addition, and a part of Lots 14,15, and 16, Block
7, East End Addition to Highland Farms, Harris County, Texas located east of Garth Road
between Lynchburg -Cedar Bayou Road and South Road in Harris County, Texas (Cone's).
CAI, LP., proposes a commercial development. City Council approved a petition to annex this property.
In accordance with state law, two public hearings were held on the proposed annexation on July 14, 2005,
"^ following publication in The Baytown Sun on June 30, 2005, and posted on the City's web site on June 28,
2005, more than ten days and less than 20 days prior to the public hearings. The ordinance was approved
on its fast reading on August 11, 2005 and published in The Baytown Sun on August 16, 2005.
Page 8 of 17
Minutes of the Regular Session — September 27, 2005
Council Member Capetillo moved adoption of the proposed ordinance. Council Member Renteria
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
ORDINANCE NO. 10,122
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
PROVIDING FOR THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE QTY OF
BAYTOWN, TEXAS, AND THE ANNEXATION OF 8.3957 ACRES OF LAND IN THE ED T.
SCHAFFER SURVEY (W.C. & RR), ABSTRACT 1224, A PART OF LOTS 11 AND 12, BLOCK 21,
HIGHLAND FARMS ADDITION, AND A PART OF LOTS 14,15 AND 16, BLOCK 7, EAST END
ADDITION TO HIGHLAND FARMS, HARRIS COUNTY, TEXAS, LOCATED EAST OF GARTH
ROAD BETWEEN LYNCHBURG-CEDAR BAYOU ROAD AND SOUTH ROAD, HARRIS
COUNTY, TEXAS; WHICH SAID TERRITORIES LIE ADJACENT TO AND ADJOIN THE
PRESENT BOUNDARY LIMITS FOR THE QTY OF BAYTOWN, TEXAS.
Consider Proposed Ordinance No. 050927 -12, placing the 8.3957 acres of land in the Ed T.
Schaffer Survey (W.C. & R.R.), Abstract 1224, a part of Lots 11 and 12, Block 21, Highland Fames
Addition, and a part of Lots 14, 15, and 16, Block 7, East End Addition to Highland Farms, Harris
County, Texas located east of Garth Road between Lynchburg -Cedar Bayou Road and South
Road in Hams County, Texas, in Council District No. 4.
Council Member Murray moved adoption of the proposed ordinance. Council Member Mahan seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
ORDINANCE NO. 10,166
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, ADDING
8.3957 ACRES OF LAND IN THE ED T. SCHAFFER SURVEY (W.0 & RR), ABSTRACT 1224, A
PART OF LOTS 11 AND 12, BLOCK 21, HIGHLAND FARMS ADDITION, AND A PART OF
LOTS 14,15 AND 16, BLOCK 7, EAST END ADDITION TO HIGHLAND FARMS, HARRIS
COUNTY, TEXAS, LOCATED EAST OF LYNCHBURG-CEDAR BAYOU ROAD AND SOUTH
ROAD IN HARRIS COUNTY, TEXAS, TO COUNCIL DISTRICT NO. 4; REPEALING
ORDINANCES INCONSISTENT HEREWITH; CONTAINING A SAVINGS CLAUSE; AND
PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF.
Page 9 of 17
Minutes of the Regular Session — September 27, 2005
Consider Proposed Ordinance No. 050927 -13, amending Chapter 42 "Health and Sanitation,"
Article IV "Food and Food Service Establishments," Division 2 "Permit," Section 42 -179
"Inspection of Premises," Section 42 -180 "Issuance "; Section 42 -185 "Suspension," Subsection
(a); Section 42 -186 "Revocation," Subsection (a); and Division 3 "Inspection and Enforcement;"
Section 42 -216 "Authority/Enforcement," Subsections (a) and (b) of the Code of Ordinances,
Baytown, Texas.
This action is necessary to allow the efficient and effective application of the Smoking Ordinance as it
applies to food service establishments.
There was discussion regarding how this amendment will allow staff to more uniformly enforce both the
Smoking Ordinance and the Health and Sanitation chapters of the Code of Ordinances. It was
emphasized that the ordinance will strengthen the Smoking Ordinance and ease the burden on the Health
Inspectors when they attempt to verify the percentage of food and alcohol sold in restaurants and bars.
Council Member Anderson moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Murray, and Sheley.
Mayor Mundinger.
Nays: Council Members Mahan and Renteria.
The motion carried.
ORDINANCE NO. 10,167
AN ORDINANCE OF THE QTY OF BAYTOWN, TEXAS, AMENDING CHAPTER 42 "HEALTH
AND SANITATION," ARTICLE IV "FOOD AND FOOD SERVICE ESTABLISHMENTS,"
DIVISION 2 "PERMIT," SECTION 42 -179 "INSPECTION OF PREMISES," SECTION 42 -180
"ISSUANCE "; SECTION 42 -185 "SUSPENSION," SUBSECTION (A); AND SECTION 42 -186
"REVOCATION," SUBSECTION (A); AND DIVISION 3 "INSPECTION AND ENFORCEMENT,"
SECTION 42 -216 "AUTHORITY /ENFORCEMENT," SUBSECTIONS (A) AND (B) OF THE
CODE OF ORDINANCES, BAYTOWN, TEXAS, TO ALLOW THE EFFICIENT AND
EFFECTIVE APPLICATION OF THE SMOKING ORDINANCE AS IT APPLIES TO FOOD
SERVICE ESTABLISHMENTS; PROVIDING A REPEALING CLAUSE; CONTAINING A
SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PENALTY OF TWO THOUSAND AND
NO/ 100 DOLLARS ($2,000.00); AND PROVIDING FOR THE PUBLICATION AND THE
EFFECTIVE DATE THEREOF.
Consider approving plans and specifications and authorizing advertisement for bids for the
Craigmont Lift Station Rehabilitation Project.
The scope of work includes the removal and replacement of the suction piping and equipment in the wet
well. In addition, the liquid level control, liner, and access hatch for the existing wet well will be replaced.
The total estimated construction cost for this project is $100,000. The funding for the project will be 2004
Certificates of Obligation and the construction duration is 90 calendar days.
Page 10 of 17
Minutes of the Regular Session — September 27, 2005
Council Member Capetillo moved approval of plans and specifications for the Craigmont Lift Station
Rehabilitation Project and authorization for advertisement for bids. Council Member Anderson seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor. Mundinger.
Nays: None.
The motion carved.
Consider Proposed Resolution No.050927 -2, accepting a petition requesting annexation
submitted by YSAA Realty, Ltd., of a 0.323 acre tract situated in the Ed T. Scheffer Survey
Abstract 1224, Harris County, Texas and being out of and a part of Lot 12 and the West 1/2 of Lot
13, Block 1 of the East End Addition to Highland Farms Subdivision; map of which is of record in
Volume 15 at Page 60 of the Map Records of Harris County, Texas.
The said 0.323 of an acre also being out of and a part of that certain 0.838 of an acre tract heretofore
surveyed out of Lots 10, 11, 12 and 13, Block 1 of said East End Addition to Highland Farms
Subdivision. The subject property is located on North Road near the intersection of Garth Road. The
property is proposed to be developed as commercial lease property.
Within 30 days of the filing of the petition for annexation, the City Council must consider granting the
petition and consider authorizing staff to prepare an annexation service plan. The proposed resolution
also directs staff to prepare a service plan for the proposed annexation and to schedule the necessary
public hearings.
Council Member Anderson moved adoption of the proposed resolution. Council Member Capetillo
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
RESOLUTION NO. 1745
A RESOLUTION OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS, GRANTING
THE PETITION OF YSAA REALTY, LTD., CONCERNING THE ANNEXATION OF A 0.323 -
ACRE TRACT SITUATED IN TIDE ED T. SCHAFFER SURVEY ABSTRACT 1224, HARRIS
COUNTY, TEXAS, AND AUTHORIZING TIE PREPARATION OF A SERVICE PLAN; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 11 of 17
Minutes of the Regular Session — September 27, 2005
Consider Proposed Ordinance No. 050927 -14, approving the purchase of property from Texas Star
Breeders Stables, LLC, for the purchase of land for new Fire Station # 5. The property is located
adjacent to Bayway Drive in Baytown, Harris County, Texas, more particularly described as
Restricted Reserve A on the Amending Plat of Guzman Park, a Subdivision in Harris County,
Texas, being filed in the real property records of Hams County Clerk's Office under file number
Y134339, being approximately 4.0522 acres.
Proposed Ordinance No. 050927 -14 approves the purchase of 4.0522 acres of property from Texas Star
Breeders Stables, LLC for new Fire Station # 5 in the amount of $66,000. The funding for this purchase is
from the CIPF. The purchase of this property will allow the City to move forward with the plans for
construction of a new fire station facility that will replace the existing Fire Station # 5 built in 1962.
Council Member Capetillo moved adoption of the proposed ordinance. Council Member Murray
seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
ORDINANCE NO. 10,168
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
AUTHORIZING THE PURCHASE OF RESTRICTED RESERVE A ON THE AMENDING PLAT
OF GUZMAN PARK, A SUBDIVISION IN HARRIS COUNTY, TEXAS, BEING FILED IN THE
REAL PROPERTY RECORDS OF HARRIS COUNTY CLERK'S OFFICE UNDER FILE NUMBER
Y134339, BEING APPROXIMATELY 4.0522 ACRES IN BAYTOWN, HARRIS COUNTY, TEXAS,
FROM TEXAS STAR BREEDERS STABLES, LLC; DIRECTING THE CITY MANAGER TO
EXECUTE AND THE INTERIM CITY CLERK TO ATTEST TO AN EARNEST MONEY
CONTRACT FOR SUCH PURCHASE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consider Proposed Resolution No. 050927 -3, nominating a candidate for a position on the Board
of Directors of the Chambers County Appraisal District.
Proposed Resolution No. 050922 -3 nominates Kirby J. Priest of Baytown to serve on the Board of
Directors of the Chambers County Appraisal District (CCAD). Mr. Priest currently serves on the board
and has agreed to be nominated to serve another term on the board. After all nominations have been
received by the chief appraiser, a ballot will be developed containing the names of the nominees and the
City Council will be asked to cast its 40 votes for one of the nominees, or to divide its votes among two or
more nominees. At the September 8, 2005 City Council meeting the City Council indicated its preference
for Mr. Priest to serve on the CCAD board; however, a resolution is needed to place Mr. Kirby's name
into nomination.
Page 12 of 17
Minutes of the Regular Session — September 27, 2005
Consider Proposed Resolution No. 050927 -4, nominating a candidate for a position on the Board
of Directors of the Harris County Appraisal District.
Proposed Resolution No. 050922 -4 nominates Bill Harry to serve on the Board of Directors of the Harris
County Appraisal District (HCAD). Mr. Harry currently serves on the board and has agreed to be
nominated to serve another term. After all nominations have been received by the chief appraiser, a ballot
will be developed containing the names of the nominees and the City Council will be asked to cast the
City's vote. At the September 8, 2005 City Council meeting the City Council indicated its preference for
Mr. Harry to serve on the HCAD board; however, a resolution is needed to place Mr. Harry name into
nomination.
Council Member Sheley moved appointment of Kirby J. Priest to the Board of Directors of the Chambers
County Appraisal District and Bill Harry to the Board of Directors of the Harris County Appraisal
District. Council Member Capetillo seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
RESOLUTION NO. 1746
A RESOLUTION OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE
CHAMBERS COUNTY APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
RESOLUTION NO. 1747
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
NOMINATING A CANDIDATE FOR A POSITION ON THE BOARD OF DIRECTORS OF THE
HARRIS COUNTY APPRAISAL DISTRICT; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
Consent Agenda
a. Proposed Ordinance No. 050927 -15 awards the first renewal of the annual sulfur dioxide
contract to DXI Industries, Inc., in the amount of $50,800.00. DXI has submitted a written
request to renew the contract for the same pricing, terms and conditions. Price per ton is
$508.00. This contract is used for de- chlorination in the wastewater treatment plants.
b. Proposed Ordinance No. 050927 -16 awards the second renewal of the annual frozen dinners
contract to Lewis Food Town, Inc., in the amount of $27,125.00. Lewis Food Town
submitted a written request to renew the current contract for the same pricing, terms and
conditions. Frozen Dinners are served to the Baytown Jail Facility prisoners.
Page 13 of 17
Minutes of the Regular Session — September 27, 2005
C. Proposed Ordinance No. 050927 -17 awards the renewal of the annual construction materials
contract to Deer Park Lumber Company, Ltd., in the amount of $75,000.00. Deer Park
Lumber submitted a written request to renew the current contract for the same compensation,
terms and conditions. Lumber pricing fluctuates constantly due to pulp pricing. Pricing for
lumber cannot be held firm for the entire term of this contract. Unit pricing is obtained
weekly from the Random Lengths Lumber /Market Price Guide published weekly. This
contract is used by all departments for construction materials, roofing materials, and masonry
items.
d. Proposed Ordinance No. 050927 -18 authorizes the microfilming of Municipal Court records
to Lason Systems, Inc., in the amount of $32,742.37. Lason Systems, Inc. is a QISV 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 Section 2157.067 of the Government Code. The purpose of the QISV
(Qualified Information Systems Vendors) 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.
e. Proposed Ordinance No. 050927 -19 approves a donation of a 0.6752 -acre tract of land from
Abshier -Meuth for the Goose Creek Stream Greenbelt Trail Phase IC project. The proposed
trail will connect Goose Creek Park located next to West Texas Avenue and will follow Goose
Creek and will end at Garth Road at Shillings Street. An additional trail will connect to the
Central Little League Park trail and the Graywood Subdivision.
f. Proposed Ordinance No.050927 -20 approves expenditure through the Texas Local
Government Purchasing Cooperative (Buyboard) for $192,805.00 with MUSCO Sports
Lighting, LLC for the purchase and installation of new lighting systems at North Little League
Park
g. Proposed Ordinance No. 050927 -21 approves a contract with the Baytown Opportunity
Center (BOQ for park cleaning and litter removal. This contract covers a 12 -month period of
park clean up and janitorial services. It covers weekday litter cleanups and janitorial services at
the Gray Sports Complex from February through September, and park cleanup at
Bicentennial Park following the July 4`h Celebration. The contract also includes weekday
janitorial services of the public restroom at Roseland Park and weekday cleanup of the
restroom and pavilion facilities at the Jo Roosa Pavilion in Goose Creek Park for 12 months.
The cost of the contract has increased $13,987.66 or 23% due to the expansion for the Wayne
Gray Sports Complex and fuel cost. The Girls Fast Pitch Softball Association will reimburse
the city for the cleaning of the facilities around the fields used during GFSA games and
tournaments. Ruby Pinson, Director of the Baytown Opportunity Center, has reviewed the
proposed contract and has indicated that it meets with her approval.
h. Proposed Ordinance No. 050927 -22 authorizes the city manager to execute a letter agreement
in an amount not to exceed $2,000 with the Bay Area Heritage Society of Baytown for a sign
on the front lawn of the Baytown Historical Museum. This expenditure will be funded by the
Hotel Occupancy Tax new initiatives account.
Page 14 of 17
Minutes of the Regular Session — September 27, 2005
i. Proposed Ordinance No. 050927 -23 authorizes an Intergovernmental Emergency Mutual Aid
Agreement with the City of Houston ( "Houston "). The City of Baytown ( "Baytown ") has
provided emergency mutual aid services to Houston on behalf of Hurricane Katrina disaster.
This agreement allows Baytown to continue to do so in response to Hurricane Katrina and for
any other services that may be requested by Houston. The proposed agreement provides, in
general, that:
• Baytown will render aid to the extent of available personnel and equipment when
requested by Houston;
• Personnel dispatched will remain Baytown employees but work under the
supervision of Houston; and,
• Baytown can withdraw its aid at any time and shall not be liable for its failure or
refusal to render aid pursuant to the Agreement.
Council Member Sheley moved adoption of the consent agenda, items a through i. Council Member
Capetillo seconded the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carved.
ORDINANCE NO. 10,169
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF DXI INDUSTRIES, INC., FOR THE ANNUAL SULFUR
DIOXIDE GONTRACT AND AUTHORIZING PAYMENT BY THE QTY OF BAYTOWN, THE
SUM OF FIFTY THOUSAND EIGHT HUNDRED AND NO /100 DOLLARS ($50,800.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF LEWIS FOOD TOWN, INC., FOR THE ANNUAL FROZEN
DINNERS CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE
SUM OF TWENTY-SEVEN THOUSAND ONE HUNDRED TWENTY FIVE AND NO /100
DOLLARS ($27,125.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,171
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
RENEWING THE CONTRACT OF DEER PARK LUMBER COMPANY, LTD., FOR THE
ANNUAL CONSTRUCTION MATERIALS CONTRACT AND AUTHORIZING PAYMENT BY
THE QTY OF BAYTOWN, THE SUM OF SEVENTY-FIVE THOUSAND AND N01100
DOLLARS ($75,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Page 15 of 17
Minutes of the Regular Session — September 27, 2005
ORDINANCE NO. 10,172
AN ORDINANCE OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF THIRTY TWO THOUSAND SEVEN HUNDRED FORTY-
TWO AND 37/100 DOLLARS ($32,742.37) TO LASON SYSTEMS, INC, FOR MICROFILMING OF
MUNICIPAL COURT RECORDS; MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,173
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ACCEPTING FROM ABSHIER MEUT -L LLP, THE DEDICATION OF A 0.6752 -ACRE TRACT
OF LAND FOR THE GOOSE CREEK STREAM GREENBELT TRAIL PHASE IV PROJECT; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,174
AN ORDINANCE OF THE CITY COUNCIL, QTY OF BAYTOWN, TEXAS, AUTHORIZING
THE PAYMENT OF ONE HUNDRED NINETY-TWO THOUSAND EIGHT HUNDRED FIVE
AND N01100 DOLLARS ($192,805.00) TO MUSCO SPORTS LIGHTING, LLC, THROUGH THE
TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE FOR THE PURCHASE AND
INSTALLATION OF NEW LIGHTING SYSTEMS AT NORTH LITTLE LEAGUE PARK;
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,175
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE INTERIM
CITY CLERK TO ATTEST TO A CONTRACT WITH BAYTOWN OPPORTUNITY CENTER FOR
PARK CLEANING; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED SIXTY THOUSAND EIGHT HUNDRED SIXTY-THREE AND
37/100 DOLLARS ($60,863.37); MAKING OTHER PROVISIONS RELATED THERETO AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,176
AN ORDINANCE OF THE QTY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE A LETTER AGREEMENT WITH THE BAY AREA
HERITAGE SOCIETY OF BAYTOWN, TEXAS, FOR A SIGN ON THE FRONT LAWN OF THE
BAYTOWN HISTORICAL MUSEUM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
OF AN AMOUNT NOT TO EXCEED TWO THOUSAND AND N01100 DOLLARS ($2,000.00);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
ORDINANCE NO. 10,177
AN ORDINANCE OF THE QTY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING
THE MAYOR TO EXECUTE AND THE INTERIM CITY CLERK TO ATTEST TO AN
INTERGOVERNMENTAL EMERGENCY MUTUAL AID AGREEMENT WITH THE CITY OF
HOUSTON; AND PROVIDING FOR THE EFFECIIVE DATE THEREOF.
Page 16 of 17
Minutes of the Regular Session — September 27, 2005
Consider Resolution No. 050927 -5, designating a representative and an alternate for the General
Assembly of the Houston - Galveston Area Council for the 2006 year.
The bylaws of the Houston - Galveston Area Council authorize each member city with a population of at
least 25,000 but not more than 99,999 population according to the last preceding Federal Census (2000) to
select one member of its governing body as its representative and one member of its governing body as an
alternate to the H GAC General Assembly. H GAC bylaws also stipulate that our Board of Directors
representative shall be the General Assembly delegate. Therefore, the official chosen to serve as the
General Assembly representative will also be designated to serve on the H GAC Board of Directors. The
City Council will need to select a representative and an alternate.
Council Member Anderson moved the designation of Council Member Murray and Mayor Calvin
Mundinger to serve as the City of Baytown's representative and alternate, respectively, to the General
Assembly of the Houston - Galveston Area Council for the year 2006. Council Member Capetillo seconded
the motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion carried.
RESOLUTION NO. 1748
A RESOLUTION OF THE CITY COUNCIL OF THE QTY OF BAYTOWN, TEXAS,
DESIGNATING THE CITY OF BAYTOWNS REPRESENTATIVE AND ALTERNATE TO THE
GENERAL ASSEMBLY OF THE HOUSTON GALVESTON AREA COUNCIL FOR THE YEAR
2006; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
Conduct an appeal of the Chief Building Official's decision concerning construction of El Toro's
restaurant located at 5810 Garth Road.
This item was not ready for consideration.
Consider affirming, modifying, or reversing the decision of the Chief Building Official concerning
construction of E1 Torso's restaurant located at 5810 Garth Road.
This item was not ready for consideration.
City Manager's Report
City Manager Jackson informed Council that during Hurricane Rita the preceding week, the Baytown Area
Water Authority had experienced an electrical outage when the power substation ceased to function.
During an attempt to switch to the auxiliary generator, a fire erupted. Due to this situation, citizens and
businesses have been asked to voluntarily conserve water this week until the plant is once again fully
operational.
Page 17 of 17
Minutes of the Regular Session — September 27, 2005
�. In addition, it was later discovered that the Coastal Water Authority, which supplies Baytown and many
communities and industries in the southeast Texas area, had also experienced a power failure. With the
assistance of many local officials, the help of CenterPoint Energy was enlisted to modify the power grid so
that power could be supplied to the pumps and the flow of water from the Trinity River restored. It is
anticipated that the City's reservoir will receive the water for treatment tomorrow moming and the
conservation measures may then be lifted. Mr. Jackson stressed that there had never been mandatory
water conservation or contamination of the water supply.
Mr. Jackson praised the Gty's Public Works Department for its outstanding efforts with brush pick up and
road clearance after the hurricane. He noted that other contractors have been contacted for assistance
with other aspects of the cleanup efforts.
He informed Council that approximately 1,200 persons with no other means of transportation were taken
by bus to various locations to escape the impending storm The buses were supplied by the Goose Creek
Consolidated Independent School District.
Mr. Jackson commended the hundreds of dedicated City employees who worked around the clock until
mandatory evacuation was declared and they left to avoid the hurricane. In addition, he praised the more
than 300 City employees who had been deployed during the storm from Thursday, September 22 through
Sunday, September 25, 2005. He said that the City had been prepared had it suffered a direct ha because
the emergency management operation had functioned smoothly.
Adjourn.
Council Member Renteria moved that the meeting adjourn. Council Member Murray seconded the
motion. The vote follows:
Ayes: Council Members Anderson, Capetillo, Mahan, Murray, Renteria, and Sheley.
Mayor Mundinger.
Nays: None.
The motion tamed.
There being no further business, the meeting adjo
J