2021 10 28 CC MinutesMINUTES OF THE REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF BAYTOWN
October 28, 2021
The City Council of the City of Baytown, Texas, met in a Regular Meeting on Thursday, October
28, 2021, at 6:30 P.M. in the Council Chamber of the Baytown City Hall, 2401 Market Street,
Baytown, Texas with the following in attendance:
Chris Presley
Charles Johnson
Heather Betancourth
Jacob Powell
Brandon Capetillo
Rick Davis
Karen Horner
Angela Jackson
Mike Holden
Council Member
Council Member
Council Member
Council Member
Mayor
City Manager
City Attorney
City Clerk
Sergeant at Arms
Mayor Capetillo convened the October 28, 2021, City Council Regular Meeting with a quorum
present at 6:30 P.M., all members were present with the exception of Mayor Pro Tern Laura
Alvarado and Council Member Mike Lester, who were absent.
The Pledge of Allegiance, Texas Pledge, and Invocation was led by Council Member Jacob
Powell.
1. MINUTES
a. Consider approving the minutes of the City Council Budget Work Session held on
August 18, 2021.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Heather Betancourth to approve the meeting minutes of the City Council Budget Work Session
held on August 18, 2021, as submitted. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council
Member Chris Presley, Council Member Heather Betancourth, and Council
Member Jacob Powell
Nays: None
Other: Mayor Pro Tem Laura Alvarado (Absent) and Council Member Mike
Lester (Absent)
Approved
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October 28, 2021
Page 2 of 16
b. Consider approving the minutes of the City Council Regular Meeting held on
September 23, 2021.
A motion was made by Council Member Charles Johnson and seconded by Council Member
Heather Betancourth to approve the meeting minutes of the City Council Regular Meeting held on
September 23, 2021, as submitted. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council
Member Chris Presley, Council Member Heather Betancourth, and Council
Member Jacob Powell
Nays: None
Other: Mayor Pro Tern Laura Alvarado (Absent) and Council Member Mike
Lester (Absent)
Approved
2. RECOGNITIONS AND CITIZEN COMMUNICATIONS
a. Recognize City of Baytown Employees for their Years of Service.
Human Resources Director Carol Flynt presented the agenda item and recognized the City of
Baytown employees for their years of service for the month of October.
5 YEAR
Michael Massey, Parks and Recreation Crew Leader
Jose Flores, Building Services Inspector III
Joshua Wilson, Parks and Recreation Crew Leader
William Palmer, Municipal Court City Marshall
Rafael Garcia, Police Community Service Specialist
Adric Otis, Public Works Utility Maintenance Specialist
10 YEAR
Darvin Spurgers, Building Services Inspector IV
Beatriz Alonzo, Library Custodial Technician
20 YEAR
Kevin Hilyard, Public Works Superintendent
b. Mr. John Manlove with the San Jacinto Museum of History has requested to appear
before the City Council to extend an invitation for the Mayor and City Council to attend an
event, Texas Memorial Illumination, on Saturday, November 13, 2021.
Mr. John Manlove provided an overview of the Texas Memorial Illumination at San Jacinto and
extended an invitation for the Mayor and City Council to attend an event to help honor those
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October 28, 2021
Page 3 of 16
Texans who have given their lives in armed conflict from the Texas Revolution through
Afghanistan. The Texas Memorial Illumination event will be held on Saturday, November 13,
2021, at the San Jacinto Battleground State Historic Site.
Mayor Capetillo noted that Mr. Terry Sain had signed up to speak regarding this item and asked
him to come forward to present his comments.
Mr. Terry Sain noted that they would like to make this an annual event in the area in order to be
able to honor the Texans who have given their lives and if interested, he encouraged everyone to
volunteer on Saturday as they prepare for the November 13"' event.
3. DISCUSSIONS
a. Receive and discuss a presentation regarding the relocation of the Battleship Texas
to Baytown.
Mr. Jay Eshbach noted that he has been working for the last two and a half years as chairman of
the Bring the Battleship to Baytown ("BBB") and referred to the notebook that was provided to
the Mayor and City Council, which highlights everything that the committee has accomplished
over that past two and a half years. Mainly, the information is being provided so that Council can
make an informed decision about bringing the Battleship to Baytown, which contained
endorsement letters, a PowerPoint presentation regarding the background of the Battleship, the
proposed location and size of the Battleship and what that would entail, as well as, the statistics of
the projected attendance and benefits of the relocation of the Battleship Texas to Baytown.
Mr. Eshbach indicated that bringing the Battleship Texas to Baytown would attract several tourists
from the surrounding areas and he had spoken to approximately 50 organizations in town that have
expressed interest in visiting and utilizing the Battleship, which includes the local school districts.
Furthermore, he noted that they do plan to do a national fundraising campaign and that the
Battleship Texas Foundation has proposed to pay for half the cost of the campaign. They recently
placed an endorsement survey campaign online and more than 95% of the citizens voted that they
urge the City Council to financially underwrite bringing the voucher to Baytown, which 4.5%
voted no. Lastly, Mr. Eshbach noted that lie is looking forward to working with the City of
Baytown to bring the Battleship to Baytown and referred to the painting by Mr. Ken Pridgen of
the Battleship Texas as well as a handcrafted ship of the Battleship Texas.
Mayor Capetillo noted that Mr. David Isaac had signed up to speak regarding this item and asked
him to come forward to present his comments.
Mr. David Isaac, a resident of Baytown, stated that he supports the efforts to obtain community
support to bring the Battleship Texas to Baytown as he heard Mr. Eshbach made a pitch for this
unique experience. He has been a part of the tourism industry for a long time and believes that the
Battleship would be a unique experience that veteran organizations, school districts, and
community colleges would support around the state and the nation. Also, the fact that Mayor and
Council have worked so hard in bringing a convention center to the area, contributes to that
experience. In regards to the finance aspect, Mr. Isaac indicated that the City should perhaps reach
out to Lee College as it would be a great educational tool and the college has helped out other
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October 28, 2021
Page 4 of 16
historical organizations in the past. Although Council may be put in a difficult position with using
taxpayer funds without a prior vote from the community, he would like to see the City make efforts
to work with entrepreneurs all over the nation and other public entities, including our community
college.
On behalf of Council, Mayor Capetillo expressed appreciation to Mr. Eshbach and his associates
for all their effort in providing them with the information this evening.
4. PROPOSED ORDINANCES
a. Consider an ordinance amending Chapter 14 "Animals," Article V "Dangerous
Dogs" of the Code of Ordinances, Baytown, Texas, to establish regulations that distinguish
between nuisance dogs and dangerous dogs and refine the processes associated with each.
Health Director Tony Gray summarized the subject matter of Item 4.a., which had also been
presented to Council at their previous work session. He noted that the proposed ordinance
amendment was to establish regulations that distinguish between a nuisance dog and a dangerous
dog, as well as refine their processes as far as operations, and improve the legal processes of the
court in order to provide a better due process for the dogs. Finally, Mr. Gray noted that staff
approved and the Animal Control Advisory Committee voted unanimously to recommend
approval of the noted revisions.
A motion was made by Council Member Charles Johnson and seconded by Council Member Chris
Presley to approve Ordinance No. 14,916, related to Item 4.a. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council
Member Chris Presley, Council Member Heather Betancourth, and Council
Member Jacob Powell
Nays: None
Other: Mayor Pro Tern Laura Alvarado (Absent) and Council Member Mike
Lester (Absent)
Approved
ORDINANCE NO. 14,916
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AMENDING CHAPTER 14 "ANIMALS," ARTICLE I "IN GENERAL,"
SECTION I4-I "DEFINITIONS" OF THE CODE OF ORDINANCES,
BAYTOWN, TEXAS; AMENDING CHAPTER 14 "ANIMALS," ARTICLE V
"DANGEROUS DOGS" OF THE CODE OF ORDINANCES, BAYTOWN,
TEXAS, BY RENAMING SUCH ARTICLE AS ARTICLE V "DOGS" AND
ESTABLISHING REGULATIONS THAT DISTINGUISH BETWEEN
NUISANCE DOGS AND DANGEROUS DOGS AND REFINING THE
PROCESSES ASSOCIATED WITH EACH; PROVIDING A REPEALING
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October 28, 2021
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CLAUSE; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A
MAXIMUM PENALTY OF FIVE HUNDRED AND NO/100 DOLLARS
($500.00); AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE
DATE THEREOF.
b. Consider an ordinance awarding a construction contract to Forde Construction
Company, Inc., for the Annual Mill & Overlay Project.
Director of Public Works and Engineering Frank Simoneaux presented the item and noted that this
item awards the construction contract to Forde Construction Company, Inc., for the Annual Mill
and Overlay Project. Forde Construction was the low bidder and the reference checks indicated
they are a responsible bidder, which staff recommended approval of this item at this time.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Chris Presley to approve Ordinance No. 14,917, related to Item 4.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council
Member Chris Presley, Council Member Heather Betancourth, and Council
Member Jacob Powell
Nays: None
Other: Mayor Pro Tem Laura Alvarado (Absent) and Council Member Mike
Lester (Absent)
Approved
ORDINANCE NO. 14,917
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF FORDS CONSTRUCTION COMPANY,
INC., FOR THE ANNUAL MILL AND OVERLAY PROJECT; AUTHORIZING
AND DIRECTING THE CITY MANAGER AND CITY CLERK TO EXECUTE
AND ATTEST TO A CONTRACT WITH FORDS CONSTRUCTION
COMPANY, INC., FOR SAID CONTRACT; AUTHORIZING PAYMENT NOT
TO EXCEED THE SUM OF THREE MILLION NINETY-FOUR THOUSAND
SIXTY-TWO AND NO/100 DOLLARS ($3,094,062.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
C. Consider an ordinance authorizing Change Order No. 1, which amends the
Construction Manager -at -Risk contract for the Public Safety Facility Project, with
Durotech, Inc. to approve the Phase 1A Guaranteed Maximum Price.
Director of Public Works and Engineering Frank Simoneaux presented the item and noted that this
item amended the CMR contract for the Public Safety Facility Project and authorizes a guaranteed
maximum price for Phase IA, which includes concrete work, utilities, and the purchase of a metal
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October 28, 2021
Page 6 of 16
building to be used for maintenance. They will proceed with Phase 1 B - the construction of the
new administration building, Phase 2 — the demolition of the existing Police department building,
and Phase 3 — construction of the plaza, by January 2022, which will include completion of the
maintenance building. Mr. Simoneaux briefly went over some of the presentation slides that had
been presented to Council at the Capital Improvement Projects presentation at their last meeting.
He noted that staff recommended approval of this item.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Jacob Powell to approve Ordinance No. 14,918, related it Item 4.c. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council
Member Chris Presley, Council Member Heather Betancourth, and Council
Member Jacob Powell
Nays: None
Other: Mayor Pro Tern Laura Alvarado (Absent) and Council Member Mike
Lester (Absent)
Approved
ORDINANCE NO. 14,918
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING CHANGE ORDER NO. 1 WITH DUROTECH, INC.,
FOR THE BAYTOWN PUBLIC SAFETY FACILITY PROJECT TO APPROVE
AND AUTHORIZE THE PHASE 1 A GUARANTEED MAXIMUM PRICE IN
AN AMOUNT NOT TO EXCEED FOUR MILLION NINE HUNDRED FIVE
THOUSAND SIX HUNDRED FOURTEEN AND NO/100 DOLLARS
($4,905,614.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
5. PROPOSED RESOLUTION
a. Consider a resolution approving a Debt Policy for the City of Baytown concerning
the financing of capital investment in the City's infrastructure.
Finance Director Victor Brownlees presented the item and expressed gratitude to the Finance
Committee for the time and the effort they expended in formulating this policy. As mentioned at
the work session, this is designed to be their tool and guide in future deliberations on the issuance
of debt to fund investment capital infrastructure. Mr. Brownlees drew their attention, particularly,
to the appendix, a very useful matrix, which he hopes they will find helpful when making future
decisions.
A motion was made by Council Member Heather Betancourth and seconded by Council Member
Jacob Powell to approve Resolution No. 2757, related it Item 5.a. The vote was as follows:
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October 28, 2021
Page 7 of 16
Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council
Member Chris Presley, Council Member Heather Betancourth, and Council
Member Jacob Powell
Nays: None
Other: Mayor Pro Tern Laura Alvarado (Absent) and Council Member Mike
Lester (Absent)
Approved
RESOLUTION NO. 2757
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING A DEBT POLICY FOR THE CITY OF BAYTOWN
CONCERNING THE FINANCING OF CAPITAL INVESTMENT IN THE
CITY'S INFRASTRUCTURE; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
b. Consider a resolution determining the alternative delivery method for the
reconstruction of the Citizen's Bank Building for the Utility Services Offices Project and
authorizing the issuance of a request for competitive sealed proposals.
Director of Public Works and Engineering Frank Simoneaux presented the item and noted that this
item allows for competitive sealed proposals to be accepted for the reconstruction of the Citizen's
Bank Building. CSP is an alternate delivery method, which allows price and other factors to be
considered in awarding the contract, which staff believes that will provide the best value for the
City. The criteria include the cost, the ability to meet the schedule, experience, and qualifications
of key personnel. Also, the contractors' experience, specifically with a focus on working with
historic masonry, past reputation, and experience with the City, demonstrated ability to achieve a
project schedule, and the quality assurance program in safety record. Mr. Simoneaux noted that
staff recommended approval and upon approval, staff will start advertising for the proposals.
A motion was made by Council Member Chris Presley and seconded by Council Member Heather
Betancourth to approve Resolution No. 2758, related it Item 5.b. The vote was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council
Member Chris Presley, Council Member Heather Betancourth, and Council
Member Jacob Powell
Nays: None
Other: Mayor Pro Tern Laura Alvarado (Absent) and Council Member Mike
Lester (Absent)
Approved
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October 28, 2021
Page 8 of 16
RESOLUTION NO. 2758
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, SELECTING THE ALTERNATIVE DELIVERY METHOD THAT
WILL YIELD THE BEST VALUE TO THE CITY OF BAYTOWN FOR THE
CITIZEN'S BANK BUILDING FOR THE UTILITY SERVICES OFFICES
PROJECT; AUTHORIZING THE COMPETITIVE SEALED PROPOSAL
DELIVERY METHOD; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
6. CONSENT
A motion was made by Council Member Charles Johnson and seconded by Council Member
Heather Betancourth to approve Consent Agenda Items 6.a. through 6.w., as submitted. The vote
was as follows:
Ayes: Mayor Brandon Capetillo, Council Member Charles Johnson, Council
Member Chris Presley, Council Member Heather Betancourth, and Council
Member Jacob Powell
Nays: None
Other: Mayor Pro Tern Laura Alvarado (Absent) and Council Member Mike
Lester (Absent)
Approved
a. Consider an ordinance authorizing the annual renewal of Central Square software.
ORDINANCE NO. 141919
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF THE SUM OF SEVENTY-ONE
THOUSAND SEVEN HUNDRED SEVENTY-NINE AND 60/100 DOLLARS
($71,779.60) TO CENTRAL SQUARE, F/K/A SUPERION, F/K/A SUNGARD
PUBLIC SECTOR INC., FOR THE RENEWAL OF THE SOFTWARE
MAINTENANCE AGREEMENT; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
b. Consider an ordinance that authorizes the Third Amendment to the Professional
Services Agreement with Fivengineering, LLC, for the Barkuloo and Connally Area Water
and Wastewater Annexation Project.
ORDINANCE NO. 14,920
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Page 9 of 16
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 THIRD
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
FIVENGINEERING, LLC, FOR ENGINEERING SERVICES ASSOCIATED
WITH THE BARKULOO AND CONNALLY AREA WATER AND
WASTEWATER ANNEXATION PROJECT; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED NINETY-EIGHT THOUSAND SIX HUNDRED NINETY AND
67/100 DOLLARS ($198,690.67); AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
C. Consider an ordinance that authorizes funding to be used for easement acquisition
necessary for water and sanitary sewer relocation for the Garth Road Widening Project.
ORDINANCE NO. 14,921
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING PAYMENT IN AN AMOUNT NOT TO EXCEED
TWO HUNDRED EIGHTY-TWO THOUSAND AND NO/100 DOLLARS
($282,000.00) FOR PROPERTY AND EASEMENT ACQUISITION
NECESSARY FOR WATER AND SANITARY SEWER RELOCATION FOR
THE GARTH ROAD WIDENING PROJECT; MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
d. Consider an ordinance authorizing acceptance and release of retainage to Comex
Corporation for the Fire Training Facility Phase 3.
ORDINANCE NO. 14,922
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE FIRE TRAINING FACILITY PHASE 3 PROJECT;
AUTHORIZING FINAL PAYMENT OF THE SUM OF THREE HUNDRED
EIGHTY-FOUR THOUSAND ONE HUNDRED TWENTY-FIVE AND 98/100
DOLLARS ($384,125.98) TO COMEX CORPORATION FOR SAID PROJECT;
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
e. Consider an ordinance authorizing a Consulting Services Agreement with Terracon
Consultants, Inc. for construction material testing for the Public Safety Facility Phase 1A
Project.
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October 28, 2021
Page 10 of 16
ORDINANCE NO. 14,923
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A CONSULTING SERVICES AGREEMENT WITH
TERRACON CONSULTANTS, INC., FOR CONSTRUCTION MATERIAL
TESTING SERVICES FOR THE BAYTOWN PUBLIC SAFETY FACILITY
PHASE IA PROJECT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY-
FIVE THOUSAND FIVE HUNDRED TWENTY AND NO/100 DOLLARS
($155,520.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
f. Consider an ordinance authorizing the sixth renewal of the Annual Concrete Work
Contract with Teamwork Construction Services, Inc.
ORDINANCE NO. 14,924
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL CONCRETE WORK CONTRACT WITH
TEAMWORK CONSTRUCTION SERVICES, INC.; AUTHORIZING
PAYMENT OF A SUM NOT TO EXCEED TWO MILLION FIVE HUNDRED
THOUSAND AND NO/100 DOLLARS ($2,500,000.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
g. Consider an ordinance authorizing the purchase of one (1) 2022 Isuzu Broom Badger
Street Sweeper from Kinloch Equipment through Sourcewell Cooperative Contract.
ORDINANCE NO. 14,925
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF TWO HUNDRED TWENTY-
EIGHT THOUSAND FIVE HUNDRED THIRTY-NINE AND NO/100
DOLLARS ($228,539.00) TO KINLOCH EQUIPMENT FOR THE PURCHASE
OF ONE (1) 2022 ISUZU BROOM BADGER STREET SWEEPER, THROUGH
THE SOURCEWELL COOPERATIVE CONTRACT; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
h. Consider an ordinance authorizing the purchase of nine (9) Kenworth Trucks from
Cleveland Mack Sales, d/b/a Performance Truck through the Buyboard for Public Works
and Engineering Department.
ORDINANCE NO. 14,926
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF ONE MILLION THREE
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October 28, 2021
Page 11 of 16
HUNDRED TWENTY-SIX THOUSAND TWO HUNDRED THIRTEEN AND
89/100 DOLLARS ($1,326,213.89) TO CLEVELAND MACK SALES, D/B/A
PERFORMANCE TRUCK, FOR THE PURCHASE NINE (9) KENWORTH
TRUCKS FOR THE PUBLIC WORKS AND ENGINEERING DEPARTMENT,
THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING
COOPERATIVE (BUY BOARD); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
i. Consider an ordinance authorizing the award of the Annual Cross Stitch and Dowel
Bar Replacement Contract to Interstate Improvements, Inc.
ORDINANCE NO. 14,927
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF INTERSTATE IMPROVEMENTS, INC.,
FOR THE ANNUAL CROSS STITCH AND SLOT BAR REPLACEMENT
CONTRACT AND AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN
IN THE SUM OF THREE HUNDRED NINETY-SEVEN THOUSAND FIVE
HUNDRED AND NO/100 DOLLARS ($397,500.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
j. Consider an ordinance awarding the Annual Liquid Chlorine Contract to Brenntag
Southwest, Inc.
ORDINANCE NO. 14,928
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ACCEPTING THE BID OF BRENNTAG SOUTHWEST, INC., FOR
THE ANNUAL LIQUID CHLORINE CONTRACT AND AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN IN THE SUM OF TWO HUNDRED
FORTY-FOUR THOUSAND FOUR HUNDRED AND NO/100 DOLLARS
($244,400.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
k. Consider an ordinance renewing the Annual Medical Supplies Contract with Bound
Tree Medical, Inc.
ORDINANCE NO. 14,929
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, RENEWING THE ANNUAL MEDICAL SUPPLIES CONTRACT
WITH BOUNDTREE MEDICAL, INC., AND AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, IN THE AMOUNT OF SIXTY-FOUR THOUSAND
ONE HUNDRED EIGHTY-FOUR AND 93/100 DOLLARS (S64,184.93);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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October 28, 2021
Page 12 of 16
1. Consider an ordinance authorizing the award of the Annual Pesticide and Herbicide
Chemical Contract for Parks and Recreation locations to Simplot AB Retail, Inc.
ORDINANCE NO. 14,930
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF SIXTY THOUSAND AND
NO/100 DOLLARS ($60,000.00) TO SIMPLOT AB RETAIL, INC., FOR THE
ANNUAL PESTICIDE AND HERBICIDE CHEMICAL CONTRACT FOR THE
PARKS AND RECREATION DEPARTMENT, THROUGH THE TEXAS
LOCAL GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD);
MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
M. Consider an ordinance authorizing the purchase of playground equipment for the
year 2022 from Total Recreation Products, Inc., representing GameTime Play Equipment
through the Texas Local Government Purchasing Cooperative (BuyBoard).
ORDINANCE NO. 14,931
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE PAYMENT OF FIFTY-FOUR THOUSAND SIX
HUNDRED TWENTY-SEVEN AND 80/100 DOLLARS ($54,627.80) TO
TOTAL RECREATION PRODUCTS, INC., FOR THE PURCHASE OF
PLAYGROUND EQUIPMENT THROUGH THE TEXAS LOCAL
GOVERNMENT PURCHASING COOPERATIVE (BUY BOARD); MAKING
OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
n. Consider an ordinance authorizing the City Manager to negotiate contracts with TSE
Entertainment for musical and emcee performances for the City of Baytown's July 3rd and
4th Celebration, Juneteenth, Grito Fest, Brown Bag Lunch and other events in FY2022.
ORDINANCE NO. 141932
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE CONTRACTS WITH TSE ENTERTAINMENT
FOR MUSICAL AND EMCEE PERFORMANCES FOR THE CITY OF
BAYTOWN'S JULY 3RD AND 4TH CELEBRATION, JUNETEENTH, GRITO
FEST, BROWN BAG LUNCH AND OTHER EVENTS IN FY2022;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT
NOT TO EXCEED TWO HUNDRED SIXTY-FOUR THOUSAND AND NO/100
DOLLARS ($264,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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City Council Regular Meeting Minutes
October 28, 2021
Page 14 of 16
HUNDRED FIVE AND NO/100 DOLLARS (S98,105.00); MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
S. Consider an ordinance authorizing a Cooperative Purchasing Agreement with the
City of West Columbia.
ORDINANCE NO. 14,937
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO A COOPERATIVE PURCHASING
AGREEMENT WITH THE CITY OF WEST COLUMBIA; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
t. Consider an ordinance authorizing an Industrial District Agreement with Niagara
Bottling, LLC.
ORDINANCE NO. 14,938
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH NIAGARA BOTTLING, LLC; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
U. Consider an ordinance authorizing an Industrial District Agreement with Exeter
5335 Cedar Port, L.P.
ORDINANCE NO. 14,939
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE
AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL DISTRICT
AGREEMENT WITH EXETER 5335 CEDAR PORT, L.P.; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
V. Consider a resolution authorizing the City Manager to submit applications to the
Texas Division of Emergency Management (TDEM) for the Hazard Mitigation Grant
Program (HMGP) related to FEMA-DR-4586 (Severe Winter Storms) & DR-4572
(Hurricane Laura).
RESOLUTION NO. 2759
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION
TO THE TEXAS DIVISION OF EMERGENCY MANAGEMENT (TDEM) FOR
City Council Regular Meeting Minutes
October 28, 2021
Page 15 of 16
THE HAZARD MITIGATION GRANT PROGRAM (HMGP) RELATED TO
FEMA-DR-4586 (SEVERE WINTER STORMS) AND DR-4572 (HURRICANE
LAURA) FOR THE CITY'S WATER AND WASTEWATER FACILITIES FOR
INCREASED OPERATIONS DURING EMERGENCY EVENTS;
AUTHORIZING A CASH MATCH BY THE CITY OF BAYTOWN IN THE
CUMULATIVE AMOUNT OF FIVE HUNDRED THOUSAND AND NO/100
DOLLARS ($500,000.00); 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.
W. Consider a resolution approving the issuance of $11,705,000 Unlimited Tax Bonds,
Series 2022 by Harris County Municipal Utility District No. 459 as meeting the requirements
of Section 98-703(17) of the Code of Ordinances, Baytown, Texas.
RESOLUTION NO. 2760
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING HARRIS COUNTY MUNICIPAL UTILITY DISTRICT
NO. 459S ISSUANCE OF ELEVEN MILLION SEVEN HUNDRED FIVE
THOUSAND AND NO/100 DOLLARS ($1 1,705,000.00) UNLIMITED TAX
BONDS, SERIES 2022, AS MEETING THE REQUIREMENTS OF SECTION
98-703(17) OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
7. MANAGER'S REPORT
City Manager Rick Davis presented kudos to Officer Austin Lovell for achieving his advanced
peace officer's certification and Police Chief John Stringer for getting certified through TCOLE.
8. EXECUTIVE SESSION
a. Recess into and conduct an executive session pursuant to Section 551.071 and 551.087
of the Texas Government Code to deliberate the offer of a financial or other incentive to a
business prospect and to seek the advice of the City's attorneys on legal matters related
thereto.
b. Recess into and conduct an executive session pursuant to Section 551.071 of the Texas
Government Code to seek the advice of the City's attorneys regarding pending or
contemplated litigation involving the City of Baytown.
At 7:10 P.M., Mayor Capetillo recessed into and convened an executive session pursuant to:
1) Section 551.071 and 551.087 of the Texas Government Code to deliberate the offer of a
financial or other incentive to a business prospect and to seek the advice of the City's
attorneys on legal matters related thereto; and
City Council Regular Meeting Minutes
October 28, 2021
Page 16 of 16
2) Section 551.071 of the Texas Government Code to seek the advice of the City's attorneys
regarding pending or contemplated litigation involving the City of Baytown.
At 8:10 P.M. Mayor Capetillo reconvened the regular meeting and announced that in accordance
with Section 551.102 of the Texas Government Code, no action was taken in the executive
sessions.
9. ADJOURN
With there being no further business to discuss, Mayor Capetillo adjourned the October 28,
2021, City Council Regular Meeting at 8:11 P.M.
Qv-, C,-0
Angela Ja son, City Clerk i0F 6AYToti,
61
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