Agenda

	CITY OF BAYTOWN NOTICE OF MEETING



CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 14, 2024 6:30 P.M. COUNCIL CHAMBER, CITY HALL 2401 MARKET STREET, BAYTOWN, TEXAS 77520 The agenda packet is accessible to the public in both HTML and PDF formats at the following link: Agenda Packet For more information or questions concerning the teleconference, please contact the City Clerk’s Office at (281) 420-6504. AGENDA CALL TO ORDER AND ANNOUNCEMENT OF QUORUM PLEDGE AND INVOCATION Council Member Jacob Powell, District No. 5

CITIZEN COMMENTS
Notice is hereby given that in accordance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, prohibits the City Council from discussing, deliberating, or considering, subjects for which public notice has not been given on the agenda. Issues that cannot be referred to the administration for action may be placed on the agenda of a future City Council Session.

MINUTES

Consider approving the minutes of the City Council Work Session and Regular Meeting held on February 8, 2024. Click to View

PROPOSED ORDINANCES

Consider an ordinance to amend Chapter 18, "Buildings and Building Regulations" of the Code of Ordinances, Baytown, Texas, to add article XVII, "Relocation Assistance," in accordance with Section 21.046 of the Texas Property Code and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act. Click to View

REPORTS

Receive the City of Baytown's Quarterly Financial and Investment Reports for the Quarter Ending December 31, 2023. Click to View

DISCUSSIONS

Present the 3rd and 4th of July Celebration schedule and entertainment for 2024. Click to View

CONSENT

All Consent Agenda items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda.

Consider an ordinance authorizing the City Manager to negotiate and execute a Contingency Fee and Retainer Agreement with Frazer Law, PLC, and Ventura Law to perform legal services in connection with potential litigation regarding the presence of Polyfluoroalkyl substances (PFAS), including, but not limited to, PFOA and/or PFOS, in drinking water, wastewater, and soil in the City's property. Council is considering the Agreement for the following reasons:

Should detectable levels of PFAS be present, based upon revised standards issued by the United States Environmental Protection Agency, the City hopes to recover damages from the manufacturers.
The Frazer and Ventura law firms represent municipalities and water systems in PFAS litigation across the country and have developed a specialty and competence in such litigation. The law firms are members of the Water Council for the US Conference of Mayors and, in this capacity, contacted the City in September 2023 regarding potential claims and recoveries from settlements with various manufacturers that were recently announced. The City has no previous relationship with either law firm.
The Legal Department of the City of Baytown has neither the capacity, expertise, nor current license requirements, to adequately represent the City in the current multi-district federal litigation. Further, lawsuits of this type are generally handled on a contingency basis by firms with expertise in the area. It is uncommon for law firms with such expertise to charge an hourly rate. Moreover, an hourly rate for such complex and time-consuming litigation would not be economically feasible or in residents’ best interests, especially considering the possibility of a loss or minor recovery.
Entering into a contingency fee arrangement with law firms with expertise in this area of the law and the capacity to handle large, complex cases on a nationwide basis at no cost to the City (unless the City recovers) is the most advantageous, expeditious, and economical way to protect the City’s rights.

Click to View

Consider the ordinance authorizing payment to FARRWEST Environmental Supply, Inc for the purchase of two handheld chemical detectors. Click to View

Consider an ordinance authorizing the Fifth Amendment to the Lease of Premises with Solid Waste, Ltd. Inc. for the Baytown Marina. Click to View

Consider an ordinance to reject the received responses for the Haz-Mat trailer, which was received on January 17, 2024, 2:00 P.M. Click to View

Consider an ordinance authorizing the purchase of one MADVAC LR50 All-Terrain Litter Vacuum from Texas Pack + Loader Sales Inc, through Sourcewell Purchasing Contract (093021-EXP). Click to View

Consider a resolution approving the City of Baytown Investment Policy in accordance with the Public Funds Investment Act, Section 2256.005 (e). Click to View

Consider an ordinance authorizing a Standard Utility Agreement between the City of Baytown and Southwestern Bell Telephone Company, dba AT&T Texas, for the Garth Road Widening Project Phases A&B. Click to View

Consider an ordinance authorizing the Local On-System Improvement Project Agreement with the Texas Department of Transportation for the IH-10 at Sjolander Road Project. Click to View

Consider an ordinance authorizing Change Order No. 1 for the Annual Sanitary Sewer Rehabilitation Project with Texas Pride Utilities, LLC. Click to View

APPOINTMENTS

Consider a resolution authorizing five (5) appointments to the Baytown Municipal Development District. Click to View

Consider a resolution authorizing six (6) appointments to the Baytown Hospitality Public Facilities Corporation. Click to View

Consider a resolution authorizing six (6) appointments to the Planning and Zoning Commission. Click to View

Consider a resolution authorizing four (4) appointments to the Baytown Crime Control and Prevention District. Click to View

Consider a resolution authorizing five (5) appointments to the Fire Control, Prevention & EMS District. Click to View

Consider a resolution authorizing four (4) appointments to the Baytown Police Advisory Committee. Click to View

Consider a resolution authorizing four (4) appointments to the Baytown Area Water Authority. Click to View

Consider a resolution authorizing seven (7) appointments to the Economic Development Advisory Committee. Click to View

Consider a resolution authorizing three (3) appointments to the Animal Control Advisory Committee. Click to View

MANAGER'S REPORT

Notice is hereby given in accordance with Section 551.0415 of the Texas Government Code, the City Council of the City of Baytown may receive a report about items of community interest from City staff and/or a member of the City Council, but no action or possible action shall be taken or discussed concerning the subject of such report, except as provided by Section 551.042 of the Texas Government Code.

COUNCIL MEMBER DISTRICT REPORT

Receive a report from Council Member Jacob Powell regarding projects, programs and events in District No. 5.

10.

EXECUTIVE SESSION

Recess into and conduct an executive session pursuant to Texas Government Code Sections 551.071, 551.072, 551.074 and 551.087 to seek the advice of the City's attorneys; deliberate the purchase, exchange, lease, or value of real property; discuss personnel matters; and/or deliberate regarding economic development negotiations. Click to View

11.

ADJOURN

PUBLIC NOTICE IS GIVEN THAT IN ADDITION TO ANY EXECUTIVE SESSION LISTED ABOVE, THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE SECTIONS 551.071 - 551.090 TO DISCUSS ANY OF THE MATTERS LISTED ABOVE.
THE CITY OF BAYTOWN IS COMMITTED TO COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT. REASONABLE ACCOMMODATIONS AND EQUAL ACCESS TO COMMUNICATIONS WILL BE PROVIDED UPON REQUEST. FOR ASSISTANCE PLEASE CALL 281-420-6690, FAX 281-420-7176, OR CONTACT 281-420-6690 VIA RELAY TEXAS AT 711 OR 1-800-735-2988 FOR TYY SERVICES. FOR MORE INFORMATION CONCERNING RELAY TEXAS, PLEASE VISIT: HTTP://RELAYTEXAS.COM
Approved for posting: /S/Carol Flynt, Assistant City Manager	Posted by: /S/Angela Jackson, City Clerk (SEAL)
Posted this 8th day of March 2024, at 5:00 P.M.