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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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes October 28, 2021 Page 5of16 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 City Council Regular Meeting Minutes 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: City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes October 28, 2021 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. City Council Regular Meeting Minutes 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 City Council Regular Meeting Minutes 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. City Council Regular Meeting Minutes 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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OTUAHI 3.LVQ AALLJ3d,13 3HI 2IOd DNIQIAO2Id GNV `SGNfld INV2IJ IN02id .LDVIIINOD 3H.L 'dgClNfl S3JMIES 2IOd INAINAVd DN17INOHIfIV NOIIV'dOd?10J MNflOS321 INSIN HIM IN3IN331IJV S3JIA183S "IVNOISS3302Id V 01 ,LS3.LIV Ol MT]J A.LIJ 3HI Quid 31fIJ3X3 Ol AID 3HI NIZI'dOH.LfIV `SVX3.L `"O.LAVB 30 AID 3H.L AO'1IJNAOJ AID 3H.L 30 3JNVNIGNO NV ££6`t, I 'ON 3DNVNIa2IO •uoijuaodao3 saaanosaH WSW gjitit uaua2oad uaaV �ui�ia��ua,L �inaQ Xjisuajui g2iH uojsnoH aq) aoJ JuauUaaatV saainaaS iuuoissaJoad u 2uiziaogjnu aauuuipao uu iap!suoa •o 9I jo £I a�ud I ZOZ `8Z jagolo0 salntiiN i?uijx)N julnia-d Ii:)unoJ X)tJ 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 City of Baytown .''° °• °° �a• N Z: m �t Co OF T �